News & Analysis as of October 6, 2024

Wage and Hour

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Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -

IRS Increases Pressure on Businesses That Claimed Employee Retention Tax Credits

Fox Rothschild LLP on 8/9/2024

The Internal Revenue Service (IRS) recently issued a news release identifying five new signs that a business’s Employee Retention Tax Credit (ERC) may be incorrect. It has also begun issuing a third round of letters denying...more

Employee Retention Credit Voluntary Disclosure Program to Be Reopened: What You Need to Know

Cole Schotz on 8/1/2024

On July 26, 2024, the IRS announced that they are in the final stages of reopening the Employee Retention Credit (ERC) Voluntary Disclosure Program. The ERC is a credit that was available to certain eligible employers...more

IRS Offers Employers a Chance to Withdraw Inaccurate Employee Retention Credit Claims

Fox Rothschild LLP on 10/26/2023

Amid an ongoing federal crackdown on fraud in COVID-19 relief programs, the IRS announced that it will offer certain employers an opportunity to withdraw Employee Retention Credit (ERC) claims if they are concerned about...more

Federal Credit Unions Can Claim Employee Retention Tax Credits

Woods Rogers on 9/7/2023

The IRS released new guidance for federal credit unions as to their ability to claim the Employee Retention Credit under Section 2301 of the CARES Act. According to the Office of Chief Counsel for the IRS, federal credit...more

OFCCP Week In Review - January 2023

DirectEmployers Association on 1/4/2023

Wednesday, November 30, 2022: U.S. IRS & Treasury Department Published Notice on Prevailing Wage & Apprenticeship Requirements for Enhanced Tax Benefits Under Inflation Reduction Act - U.S. DOL Wage & Hour Division Seeking...more

The Infrastructure Investment and Jobs Act: Key Takeaways for Employers

Jackson Lewis P.C. on 11/24/2021

On November 15, 2021, President Joe Biden signed the $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. According to the White House, the IIJA will play an important role in rebuilding and improving roads,...more

May 2021: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 6/2/2021

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Reimbursing Business Expenses For A Remote Workforce

Vinson & Elkins LLP on 9/10/2020

Most employers reimburse their employees for money spent on meals, hotels and other expenses during work trips as business expenses, but few have given thought to reimbursing employees for employee costs incurred at home,...more

Employers’ Back-to-School Obligations under the FFCRA

Miles & Stockbridge P.C. on 9/4/2020

With Labor Day upon us, many families are facing the start of a school year with remote or hybrid learning. As a result, many employees must figure out how to satisfy their work obligations while making alternate arrangements...more

New Guidance Regarding Deferral of Withholding of Employees’ Social Security Taxes

Ruder Ware on 9/3/2020

On August 8, 2020, President Donald Trump issued an executive order titled “Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster.” The order directed the Secretary of the Treasury to use...more

Potential Payroll Tax Deferral Is Available – Employers Must Understand the Program and Use Extreme Caution Before Blindly Jumping...

Foster Garvey PC on 9/2/2020

On August 8, 2020, President Trump issued an executive order, directing the U.S. Treasury to grant employers the ability to defer the withholding, deposit and payment of certain payroll taxes as further COVID-19 tax relief....more

IRS issues guidance on Social Security tax deferral

Bowditch & Dewey on 9/1/2020

On August 28, the IRS issued Notice 2020-65 to provide guidance on the President’s decision to allow deferral of the employee portion of Social Security taxes owing for the rest of 2020 for employees earning up to $104,000...more

Employers Have Little Incentive to Implement Social Security Tax Deferral Under New IRS Released Guidance

Partridge Snow & Hahn LLP on 9/1/2020

On Friday August 28th the IRS issued limited guidance on the payroll tax deferral that was part of President Trump’s August 8th executive order. Under IRS Notice 2020-65 (the “Notice”), employers are not required to withhold...more

Guidance on Directive to Defer Payroll Tax Obligations Leaves Unanswered Questions

Farella Braun + Martel LLP on 9/1/2020

On August 8, 2020, the President directed the Secretary of the Treasury to authorize the deferment of certain payroll tax withholding, depositing, and payment obligations otherwise incurred on wages and compensation paid...more

IRS Issues Guidance To Implement Deferral Of Employee Social Security Taxes Through December 31, 2020

Lowenstein Sandler LLP on 8/31/2020

On August 8, President Trump issued a Memorandum directing the Treasury Department to permit employers to defer the withholding of employees’ social security and railroad retirement taxes through December 31, 2020. On August...more

IRS Notice On Presidential Order Deferring Payroll Tax Obligations Creates Additional Uncertainty

Jackson Lewis P.C. on 8/31/2020

The Internal Revenue Service has issued Notice 2020-65 to provide guidance on the employment tax deferral that is the subject of President Donald Trump’s August 8, 2020, Memorandum on Deferring Payroll Tax Obligations in...more

Reimbursements And Remote Work 101

Jackson Lewis P.C. on 8/18/2020

In March 2020, many employers suddenly found themselves managing a mostly remote workforce due to COVID-19. As the pandemic stretches on, some businesses remain remote because of necessity, while others are considering the...more

An Employer’s Guide To Managing PTO Donation Requests In The COVID-19 Age

Fisher Phillips on 7/17/2020

As the pandemic continues to scar wide portions of our society, a number of employees have expressed to their employers an interest in donating their own PTO to help co-workers and community members adversely impacted by...more

IRS Releases Guidance on Charitable Leave-Based Donation Programs

Morgan Lewis on 6/18/2020

Charitable leave-based donation programs provide employees the option of donating leave that can be converted into cash contributions to charities assisting the victims of the novel coronavirus (COVID-19) pandemic....more

IRS Issues Revised Guidance on Employee Retention Credits and Qualified Health Plan Expenses, Offering Relief for Employers that...

Snell & Wilmer on 6/1/2020

The Coronavirus Aid, Relief and Economic Security Act ("CARES Act") provides for an employee retention credit (“ERC”) designed to encourage employers to retain workers during the COVID-19 crisis. The Internal Revenue Service...more

The Worlds of Sports and Tax Law Intersect During the COVID-19 Pandemic

Foster Garvey PC on 5/18/2020

During these trying times, especially with stay-at-home orders still in effect in most states, it is difficult not to over-focus on the uncertainty that lies ahead. Hopefully, we can find healthy distractions to refocus our...more

Finally – SBA Guidance On An Employer’s PPP Loan Forgiveness When Employees Refuse to Return To Work

Weintraub Tobin on 5/5/2020

On May 3, 2020, the SBA updated its FAQs regarding the Paycheck Protection Program (“PPP”) under the CARES Act. Among other things, the updated FAQs finally addressed this issue: What happens to an employer’s ability to...more

Jackson Walker Updates FAQs on Employment Issues Arising Out of COVID-19

Jackson Walker on 4/13/2020

Jackson Walker posted its update to FAQs on employment issues arising out of the COVID-19 pandemic. The JW updates reflect recent Department of Labor (DOL) regulations and guidelines for employer compliance with the...more

DOL Finalizes FFCRA Regulations

Holland & Hart LLP on 4/9/2020

After days of uncertainty and looming deadlines created by the Families First Coronavirus Response Act (FFCRA), the DOL has finally issued some definitive regulatory guidance, as well as twenty new Q&As to its list of...more

Financial Daily Dose 3.17.2020 | Top Story: The Bear Market Roars, with Markets Falling nearly 13% as Whole Sectors of US Economy...

Robins Kaplan LLP on 3/17/2020

As Americans [way-too] slowly come to the realization that COVID-19 is a very real and very present threat, the business world is changing around them at a staggering pace. Stocks nosedived again on Monday, with the three...more

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