New York State has issued industry-specific interim guidance for “Phase 2” businesses, which includes a number of “minimum requirements” certain businesses must meet before reopening their workplaces in light of...more
The Tax Cuts and Job Act of 2017 was recently signed into law creating two important changes in executive compensation, which we outline below.
The Tax Bill Permits Certain Employees to Elect to Defer Taxation of Qualified...more
1/3/2018
/ CEOs ,
CFOs ,
Compensation & Benefits ,
Deferred Compensation ,
Executive Compensation ,
Incentive Stock Options ,
Publicly-Traded Companies ,
Reporting Requirements ,
Section 162(m) ,
Tax Cuts and Jobs Act ,
Tax Reform
We have been following the high-publicity battle between Uber and Lyft, on the one hand, and the drivers on the other, over whether the drivers are properly classified as independent contractors. Uber and Lyft argue they are...more
Section 162(m) of the Internal Revenue Code precludes the deduction by public companies for compensation paid to certain covered employees in excess of $1,000,000 in any taxable year. This limitation on deduction does not...more
4/2/2015
Section 162(m) of the Internal Revenue Code precludes the deduction by public companies for compensation paid to certain covered employees in excess of $1,000,000 in any taxable year. This limitation on deduction does not...more
Following a number of other localities, the City of Philadelphia has enacted the Promoting Healthy Families and Workplaces law requiring certain employers located in the city to provide employees with up to 40 hours of paid...more
Disruptive “technology” companies Uber and Lyft were back in court recently doing their best to ensure their business models are not upended by a ruling that their drivers should be classified as employees rather than...more
We have written before about the EEOC’s increased focus on the potential disparate impact of employers’ use of background checks in screening applicants for employment, and of a recent federal appeals court decision that put...more
1/5/2015
Back in the summer, we wrote about the Equal Opportunity Commission’s release of its updated enforcement guidance on pregnancy discrimination claims under the Pregnancy Discrimination Act. Under the PDA, discrimination based...more
A recent decision from a Georgia federal district court concerning post-employment non-compete agreements reached two notable conclusions of which employers should take note...more
Understanding the mandates of the Americans with Disabilities Act and similar state and local laws is easy: employers cannot discriminate against individuals with disabilities. However, navigating the reasonable accommodation...more
When most employers hear the word “whistleblower,” they think of their current employees and various anti-retaliation laws; however, under the SEC’s “Whistleblower Program,” the “whistleblower” may be a current or former...more
Do you still think that business owners aren’t responsible for wage and hour law violations? Do you think that a court will only award liquidated damages where the violation is willful? Think again. Following an investigation...more
The IRS announced at recent bar association meeting that it is commencing a formal compliance initiative program (CIP) of selected employers and their deferred compensation arrangements that are subject to Section 409A of the...more
Just because an employer calls someone an independent contractor does not make him or her so. Because revenue-starved states have been increasingly focusing on independent contractor classification issues, challenges to the...more
We have written a few times about the EEOC’s closer inspection of background checks and the use of criminal records in employment decisions because of their potential adverse impact on classes of applicants. The EEOC has also...more
It seems like every day there is a new case highlighting novel and evolving issues employers confront when people disclose information via social media. The latest example involves a hapless college-age daughter in Florida...more
Market disrupters always make news. Uber, which claims to be a tech company, created a smart-phone application that connects drivers of “black cars”, or livery cars, with passengers, and processes the payment with the...more
Last month, we wrote about Young v. Fortis Plastics, where an Indiana District Court found that a private equity firm could be on the hook for the WARN Act liabilities of one of its portfolio companies under the “single...more
When an employer requires an employee to move his or her primary residence to work, or continue working, for the employer, oftentimes the employer, as an inducement for the employee to accept the offer employment or continue...more
In the world of private equity, vast sums of money are raised by private investors who pool their money into collective funds in order to acquire companies, i.e., a “portfolio company”, with the goal of eventually flipping...more
As all employers know, wages paid to employees are subject to required withholdings and deductions for income taxes and employee contributions to Social Security and Medicare (which is commonly referred to in shorthand as...more