Love As a Matter of Contract?
February 25, 2005
With Americans spending more time at work, and with large numbers of women joining the workforce since World War II, the workplace has become a principal place where men and women seek and find their romantic partners, whether for a fling or a long-term relationship ending in marriage. Indeed, by some reports, nearly 60% of employees acknowledge engaging in a workplace romance. At the same time, however, American employers have been tempted to cultivate a near zero-tolerance culture for workplace romance given the development of sexual harassment law and the explosion of discrimination lawsuits alleging harassment. In many ways, it is impracticable for employers to maintain an outright ban on workplace romance: love will find a way, and employees may well hide relationships, which could end up being more problematic for the employer and just as likely to lead to an eventual lawsuit.
Litigation
January 26, 2005
Recent rulings of interest to you and your practice.
Defining Income for Child Support Purposes
January 26, 2005
It has become important to keep track of national trends with respect to the definition of income for support purposes. More often than not, your state will not have decided the specific question with which you are struggling, ie, whether or not a particular item constitutes income. The odds are increasing that other states will have dealt with the issue. This article presents some examples of cases over the last few years.
A New World for Nonqualified Deferred Compensation Plans
January 26, 2005
Employment lawyers have been inundated in the last few weeks with calls from clients asking how and whether the new American Jobs Creation Act affects various severance pay plans and other deferred compensation plans. If you are still recovering from the recent presidential election, or are preoccupied by the pending elections in Iraq, this one may have slipped by you. The smart thing to do would be to consult your benefits partner, as I did. In this article, I explain this new law in layman's terms and help you respond to those callers clamoring for information about this creatively titled statute.
Second Opinion: New Tax Requirements for Nonqualified Deferred Compensation
January 26, 2005
The American Jobs Creation Act (the "Act") was passed by the House of Representatives on Oct. 7, 2004, and received final approval from the Senate on Oct. 11, 2004. President Bush was expected to sign the Act into law before the end of 2004. The Act enumerates an array of requirements intended to curb perceived abuses in the realm of executive compensation. In many ways, the thrust of the new requirements is to conform a number of aspects of the operation of nonqualified deferred compensation arrangements to those applicable to tax-qualified "401(k)" plans. Consequently, to be tax-effective under the new requirements of the Act, deferred compensation arrangements will need to operate in a fashion more akin to true retirement arrangements.
Survey Shows Diversity Increasing At Big NY Firms
January 26, 2005
Slightly more than 2% of the lawyers at 23 of New York City's largest firms identify themselves as being lesbian, gay, bisexual or transgender, according to a New York County Lawyers' Association survey. The survey, the first of its kind, also found that the participating firms prohibit discrimination against employees because of their sexual orientation or identity. Those firms also uniformly reported extending family benefits coverage they provide to married couples to same-sex couples registered with the city as domestic partners.
