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The Bankruptcy Strategist
Overview of Limitations on Employee Compensation in Bankruptcy
Carl E. Black and Jonathan Noble Edel
Recognizing the potential consequences, companies in Chapter 11 bankruptcy often try to reduce employee uncertainty by seeking authority from the bankruptcy court. The Bankruptcy Code, however, imposes a variety of limitations on the ability of a debtor-employer to provide certain types of compensation and benefits to “insiders,” a term that is broadly defined in the Bankruptcy Code.
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Accounting And Financial Planning For Law Firms
Work Opportunity Tax Credit and On-Boarding
Lawrence L. Bell
With the cost of doing business consistently on the rise combined with the increasing difficulty to find/retain great employees, there is no better time to pursue employment-based tax credits. There are both federal and state employment-based credits available that can help businesses offset income tax liability.
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Accounting And Financial Planning For Law Firms
New Department of Labor Regulation Expands Access to Employee Benefits
Lawrence L. Bell
The rule, overseen by the DOL’s Employee Benefits Security Administration, modifies the definition of “employer” under ERISA regarding entities that could sponsor group health and benefit coverage.
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Accounting And Financial Planning For Law Firms
Executive Benefits at Non-Profits after the Tax Cuts and Jobs Act
Lawrence L. Bell
The Tax Cuts and Jobs Act made significant changes to certain Internal Revenue Code provisions dealing with highly compensated employees. Among these are restrictions (in the form of excise taxes) on compensation of certain highly paid employees of “applicable tax-exempt organizations.”
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Accounting And Financial Planning For Law Firms
Commentary: America’s Modern ‘Throwaway’: 401(K) Retirement Savings
Tom Hawkins
While 401(k) cashout leakage may not stink in our streets, its economic effects are deplorable. Each year, this slow-motion train wreck robs millions of Americans of their retirement security and converts their retirement savings into wasted consumption and avoidable tax penalties.
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Entertainment Law & Finance
Industry Workplace Misconduct Investigations
Carri H. Cohen, Janie F. Schulman and Joshua Hill
The important ongoing industry and national conversation about sexual harassment is serving as a wake-up call to entertainment companies, board members and C-suite executives about the need to be proactive when confronted with allegations of harassment or other workplace misconduct.
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Accounting And Financial Planning For Law Firms
DOL’s New Rules on ERISA Claims Procedure for Disability Benefits
Lawrence L. Bell
The Department of Labor (DOL) issued regulations that revise the ERISA claims procedure regulations for employee benefit plans that provide disability benefits. The scope of the new regulations are broader than you may realize and apply to any plan, regardless of how it is characterized, that provides benefits or rights that are contingent on whether the plan determines an individual to be disabled.
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Business Crimes Bulletin
Sexual Harassment & the Legal Industry
John Hellerman
For members of a conservative industry that — literally — wrote the rulebook on sexual harassment, law firms need to be ready for a day of reckoning that seems inescapable.
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Marketing The Law Firm
Leadership: No Immunity: Sexual Harassment & the Legal Industry
John Hellerman
For members of a conservative industry that — literally — wrote the rulebook on sexual harassment, law firms need to be ready for a day of reckoning that seems inescapable (and may have already happened by the time this article is published).
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The Intellectual Property Strategist
Takeaways from the Swift End to Waymo v. Uber
Ross Todd
The details might not be quite as dramatic as they were in Waymo v. Uber, but lawyers expect trade secrets to continue to be a fertile source for litigation.
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Accounting And Financial Planning For Law Firms
Tax on Excess Tax-Exempt Org. Executive Compensation
Lawrence L. Bell
Under the Tax Cut and Jobs Act, should certain employees of a tax-exempt organization receive compensation greater than $1,000,000 during the tax year from any combination of a tax-exempt organization and/or its related organizations, the organizations would be subject to an excise tax on that employee’s compensation in proportion to their payments to the employee.
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The Bankruptcy Strategist
Bankruptcy Court Authorizes Rejection of Employment Separation Agreements
Francis J. Lawall and Michael J. Custer
The Bankruptcy Code can be an effective tool for reducing liabilities and enhancing asset value for the benefit of creditors. One of the more important…
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Cybersecurity Law & Strategy
The Impact of the Surge of Biometric Data Privacy Lawsuits Against Employers
Hanley Chew and Eric Ball
The growing acceptance of biometric data as a form of identification for employees means that many employers will likely have to face issues covered in state legislation in the immediate future.
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The Corporate Counselor
Responding to Sexual Harassment in the Workplace: A Roundtable Discussion
The #MeToo movement has empowered victims of sexual harassment and abuse previously silenced by powerful business and political leaders. No longer silent, these victims are using their experiences to challenge the powerful and raze structures that have permitted abuse. We have compiled a panel of legal experts to analyze how the law and the legal profession failed the workplace. The panelists discuss legal and environmental conditions that led to abuse, and what lawyers and businesses can do to curb the powerful and protect the vulnerable.
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Employment Law Strategist
Looking Back and Looking Forward: Labor and Employment Trends for 2018
Robert G. Brody and Alexander Friedman
President Trump had an eventful first year in the labor and employment arena. With his first year in office now wrapping up, this is a perfect time to look back at how the Trump Administration's policies have shaped labor and employment law issues at both the federal and state level, and where we expect to go in 2018.
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Entertainment Law & Finance
eSports Raise Labor Law Issues for Teams and Players
Brian D. Murphy
The preference of the parties involved, even if reduced to writing, is rarely determinative of employment status. Instead, the specifics of the relationship will govern.
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Employment Law Strategist
Third Circuit's Paid Breaks Ruling a Bright Line, But Not an Open Door
David Gialanella
A federal appeals court offered a clear rule earlier in 2017, in holding that employees must be paid for breaks lasting 20 minutes or less, but private suits on that issue have been few, and appear poised to remain so, practitioners say.
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Employment Law Strategist
How to Avoid the Pitfalls of a Bad Sexual Harassment Policy
Erin Mulvaney
How can companies make sure they have sexual harassment policies in place to protect interests and employees? The authors talked to several attorneys about common pitfalls and the lay of the land in the corporate environment right now. Here are highlights from those conversations.
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The Corporate Counselor
Sexual Harassment
Robert G. Brody and Katherine M. Bogard
The Basics, the Skeletons In Your Closet, and How to Be Prepared
Harvey Weinstein has put the spotlight on sexual harassment in the workplace. Under this light we see multiple industries struggling with their own sexual harassment allegations and revelations.
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The Bankruptcy Strategist
Employee Claims in Bankruptcy Pose Significant Liability Exposure
Shane G. Ramsey and David M. Barnes, Jr.
Lessons Learned From In re FPMI Solutions Inc.
There are litanies of potential pitfalls for companies that file for bankruptcy without strictly following the requirements of federal or state employment laws. This article discusses the requirements and how to meet them.
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Employment Law Strategist
Employee Claims in Bankruptcy Pose Significant Liability Exposure
Shane G. Ramsey and David M. Barnes, Jr.
When a corporation determines to file for Chapter 11 protection, questions concerning the status of existing labor and employment agreements and viability of employee claims immediately arise. Indeed, there are litanies of potential pitfalls for companies that file for bankruptcy without strictly following the requirements of federal or state employment laws.
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The Corporate Counselor
Labor and Employment Law Changes in the Trump Era
Matthew B. Schiff and Kathryn C. Nadro
President Trump's first 11 months in office brought significant changes to labor and employment law. Immediate changes to the leadership and agendas for the DOL, the EEOC and the NLRB) have already occurred, along with reversals of policy and positions taken in court.
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Entertainment Law & Finance
Wave of Sexual Misconduct Claims Warrants Looks at Confidentiality, Nondisclosure Agreements
Steven I. Adler and Lauren X. Topelsohn
Companies try to protect their reputations from executives who have "gone wild" by including moral turpitude clauses as a basis to terminate executives for cause under their employment agreements. Similarly, in the context of employment disputes, companies try to protect themselves through the use of non-disclosure, non-disparagement and confidentiality provisions in settlement agreements.
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Employment Law Strategist
Workplace Bias and Gender Pay Equity in Silicon Valley, 2017
Eric Akira Tate and Kathiana Aurelien
It was only a couple of years ago that a jury rejected Ellen Pao's gender discrimination claims and rendered a defense verdict in favor of her former employer, a prominent Silicon Valley venture capital firm. Now, issues of bias and pay equity are again taking center stage, with almost daily media reports about Silicon Valley's gender problem and a continuing list of companies and notable Silicon Valley figures being taken to task with allegations of inappropriate conduct toward women.
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The Corporate Counselor
Follow Up on False Claims Act Actions
Jacqueline C. Wolff and Benjamin J. Wolfert
The authors discuss several steps to take in order to avoid the pitfalls that could accompany lengthy exposure vis-à-vis state false claims actions.
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The Corporate Counselor
Employee Claims in Bankruptcy Pose Significant Liability Exposure
Shane G. Ramsey and David M. Barnes, Jr.
Lessons Learned From In Re FPMI Solutions Inc.
When a corporation determines to file for Chapter 11 protection, questions concerning the status of existing labor and employment agreements and viability of employee claims immediately arise. Indeed, there are litanies of potential pitfalls for companies that file for bankruptcy without strictly following the requirements of federal or state employment laws.
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Employment Law Strategist
Employment Attorneys See Business Gains Amid Weinstein Scandal
Christine Simmons
The heightened awareness of sexual harassment in the workplace has resulted in a surge of client calls to plaintiffs attorneys who litigate such claims.
Meanwhile, defense attorneys, bracing for more litigation, said they are fielding more calls from corporate clients that want training conferences and advice on how to handle internal complaints and internal investigations.
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Employment Law Strategist
The Challenges of Regulating Employee Speech
Jeffrey S. Klein and Nicholas J. Pappas
In this article, the authors discuss some recent controversies involving employee speech and the laws governing employers' ability to regulate and respond to disruptive speech in the workplace.
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The Corporate Counselor
Global Mobility Objectives and Immigration
Dilnaz Saleem
A company's desire for talent mobility may face hurdles and roadblocks in securing work authorization for their employees as part of an international move. How, then, can companies align their global mobility objectives with rapidly changing immigration rules and regulations?
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Employment Law Strategist
Internal Whistleblowers
Matthew B. Schiff and Kathryn C. Nadro
Scotus Review of Dodd-Frank to Change the Landscape
On June 26, 2017, the Supreme Court granted certiorari in Digital Realty Trust Inc. v. Somers, to review a U.S. Court of Appeals for the Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.
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Employment Law Strategist
SCOTUS Decision on Mandatory Employment Arbitration Agreements Will Have Far-Reaching Implications
Ryan Saba and Krystle Meyer
On Oct. 2, 2017, the Supreme Court was set to hear argument as to whether class action waivers in arbitration agreements are valid and enforceable. Thirty-six amicus briefs were submitted to the Supreme Court on this issue, underscoring that regardless of the Court's decision, there will be sweeping implications for both employers and employees.
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Employment Law Strategist
The FLSA's Overtime Provisions
Noah Finkel, Colton Long, Kyle Petersen and John Giovannone
Construing Them Broadly, But the Exemptions Narrowly
FLSA cases holding against employers typically invoke a canon of construction that the FLSA should be construed broadly, and any of its exemptions narrowly. But this canon has a dubious foundation and tends to be applied inconsistently to justify a result.
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Employment Law Strategist
NY's Paid Family Leave Program
Sharon P. Stiller and Rachel Demarest Gold
Part Two of a Two-Part Article
Last month, the authors discussed the fact that New York State will have its own "Paid Family Leave Benefits Law," effective Jan 1, 2018. They noted the differences from the FMLA, and discussed insurance considerations. The discussion concludes herein.
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Employment Law Strategist
Emergency Shutdowns and Employee Compensation
John W. Hargrove
In the face of acute weather-related conditions or other emergencies, how do you pay your employees during emergency shutdowns? Here's all you have to know.
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The Corporate Counselor
Emergency Shutdowns and Employee Compensation
John W. Hargrove
In the face of weather and other emergencies, how do you handle pay for shutdowns in the middle of a day, extended company closings, and planned or unplanned late openings?
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Employment Law Strategist
Overtime Rule Uncertainty
Companies have open questions about the fate of the Obama-era overtime regulations, despite a Texas federal court ruling nixing rules that would have doubled the salary threshold for workers eligible for time and half pay, and extended greater pay to millions of more workers.
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Employment Law Strategist
Opt-Out Incentives: The Ins and Outs
Julia M. Vander Weele
As annual open enrollment season approaches, many employers may be evaluating ways in which to control rising health plan costs. One strategy frequently considered is a financial incentive for employees to waive or opt out of the employer-sponsored group health coverage. But this raises potential problems under the Affordable Care Actas well as a number of other federal laws.
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Employment Law Strategist
Securing Your Information-Rich Employee Benefit Plans
Robert M. Projansky and Miriam S. Dubin
Hackers have turned to a new information-rich source: employee benefit plans. This article examines the threat facing benefit plans, explores the applicable legal landscape, and recommends steps to better equip plans to prepare for and manage data breaches.
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The Corporate Counselor
Arizona's New Paid Sick Leave Law
Tamara Cook
As of July 1, 2017 all employers in Arizona are now required to provide employees with paid sick leave as directed by a new law, the Fair Wages and Healthy Families Act. The law dictates how employers must implement the new rules — from when the benefits begin to accrue to when they pay out, and what fines will be imposed for non-compliance.
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The Corporate Counselor
Opt-Out Incentives: The Ins and Outs
Julia M. Vander Weele
As annual open enrollment season approaches, many employers may be evaluating ways in which to control rising health plan costs. One strategy frequently considered is a financial incentive for employees to waive or opt out of the employer-sponsored group health coverage.
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Employment Law Strategist
The Equal Pay Act
Robert G. Brody and Lindsay M. Rinehart
With the trend among cities and states moving toward closing the gender wage equality gap, the question remains: What was the U.S. Court of Appeals for the Ninth Circuit thinking this April when it decided Rizo v. Yovino?
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The Corporate Counselor
Update: Stage Now Set for DOL to Adopt More Modest Salary Level for Overtime Exemptions
Tim K. Garrett
In his final ruling, Judge Mazzant clarified that he was not questioning the DOL's authority to adopt a salary level test as part of the overtime exemptions. Rather, Judge Mazzant explained that the Obama-era DOL had gone too far in adopting a salary level so high as to become the "de-facto" test for meeting the overtime exemptions.
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Employment Law Strategist
No Harassment, But Retaliation Claim Survives
Sid Steinberg
Just as the adage is that "the coverup is worse than the crime," we know that in employment law, "the retaliation claim is more dangerous than the underlying discrimination." The latest example of this is in the recent decision of Austin v. Bloomin' Brands, Inc..
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Employment Law Strategist
NY's Paid Family Leave Program
Sharon P. Stiller and Rachel Demarest Gold
Part One of a Two-Part Article
Effective Jan. 1, 2018, New York State will have its own "Paid Family Leave Benefits Law." Since the payroll deductions supporting the Law began July 1, 2017, it is not too early to begin reviewing your employer obligations.
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The Corporate Counselor
Federal Judge Rules on the Overtime Salary Rule
Tim K. Garrett
Judge Mazzant issued a final ruling striking down the overtime rule. The Texas Federal Judge used essentially the same reasoning on which he based his temporary injunction ruling. In light of this final decision, the appeal of his temporary injunction likely becomes moot.
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Employment Law Strategist
Medical Marijuana
Stephanie Dutchess Trudeau
Accommodating Employees Who Use It
Here is the latest tip for employers: Do not be too quick to "just say no" to medical marijuana. The "it's a federal crime" escape hatch employers invoked previously has been closed by more and more courts in states with medical marijuana laws.
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The Corporate Counselor
The Equal Pay Act
Robert G. Brody and Lindsay M. Rinehart
In 2017, 25 states and the District of Columbia are considering legislation that would prohibit employers from asking job candidates about past salaries. But the Ninth Circuit recently affirmed a 35-year-old decision at a time when the rest of the country is moving to bridge the gender wage equality gap.
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Employment Law Strategist
The Latest Trend in Employment Law: Banning Salary History Inquiries
Christopher D'Angelo
Add salary history to the growing list of inquires off limits to those who interview and evaluate prospective job candidates. Several cities and states have passed legislation that, broadly, prohibits a prospective employer in the private sector from asking questions about an applicant's compensation history.
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The Corporate Counselor
NY's Paid Family Leave Program
Sharon P. Stiller and Rachel Demarest Gold
What Employers Need to Know
Effective Jan. 1, 2018, New York State will have its own "Paid Family Leave Benefits Law." Since the payroll deductions supporting the Law began July 1, 2017, it is not too early to begin reviewing your employer obligations.
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Employment Law Strategist
Is Trump the New Obama?
Robert G. Brody and Alexander Friedman
Possible Regulatory Enforcement Against Business After All
Immigration is now the focus of the Trump administration. Last year, ICE released "Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits." Employers would do well to review and familiarize themselves with it. Additionally, employers should also seek the advice of competent counsel to ensure their self-audits are useful without creating the smoking gun that the government audits are hoping to find.
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