Read Labor & Employment Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Failed Unpaid Intern Class Action Hints at Impact of Comcast v. Behrend
Dewey's Bankruptcy Lawyer: More Large Law Firms Will Fail
Social Media At Work - What's Allowed and What Isn't? PODCAST - Inside Law
Yahoo’s New Parental Leave Policy Raises Some Interesting FMLA Questions
Ann Curry’s Departure from the Today Show Presents a Number of Lessons for Employers
Businessweek Reporter: BigLaw Is "Crash Landing"
[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
D.C. Court Wreaks Havoc on NLRB Pro-Worker Cases
Can You Be Fired for a Tattoo?
President Obama Appoints Three Members to NLRB, but Will They Be Confirmed?
Social Media Law Report - Who Owns Your LinkedIn Account, FTC Guidance on Social Ads, More...
Your Employer Doesn’t Own Your LinkedIn Account, and They Shouldn’t Try To
What You Need to Know About New Secretary of Labor Thomas Perez
Study Reveals Alarming Statistics On Theft and Employee Misuse of Company Data
As Expected, Noel Canning v. NLRB Headed to the Supreme Court
Marijuana in the Workplace
5 Risks of Telecommuting (And How Employers Should Handle Them)
Two Key Elements Every Social Media Policy Should Include
Corporate Law Report: Global HR, Textual Harassment, Working Interviews, and Other Workplace Issues
As Supreme Court Defines “Clothes,” Biggest Impact Will Be on Judiciary’s Deference to DOL
In response to the Nuttall Review of Employee Ownership, the Government has introduced the Companies Act 2006 (Amendment of Part 18) Regulations 2013 (the Regulations) which entered into force on 30...more
A recent decision of the United Kingdom’s First Tier (Tax) Tribunal has provided a timely reminder of the importance for employers of notifying their employees of the requirement to promptly reimburse the employer for income...more
In this article we consider some alternative approaches to the proposed U.K. status of “employee shareholders,” who receive capital gains tax-exempt shares in their employer (or its parent) in return for waiving certain...more
What is ERISA?
The Employee Retirement Income Security Act of 1974 (“ERISA”) protects the interests of employee benefit plan participants by establishing strict standards of conduct for “plan fiduciaries” – i.e.,...more
The United States Court of Federal Claims recently issued an opinion confirming that § 409A of the Internal Revenue Code of 1986 applies in the context of discount stock options. The case, Sutardja v. United States, is one of...more
When an employee or service provider receives stock that is subject to vesting, they should immediately consider how that stock might be treated under Section 83 of the Internal Revenue Code. Stock grants subject to Section...more
Who, What, Why . . .
Who does it apply to: In this edition, it varies according to the requirements of the particular law identified below. I am taking a short two-part break from my regular format to bring you the...more
Court of Federal Claims agrees with the IRS position that section 409A applies to discounted stock options; holding is important for compensatory stock option grants.
On February 27, the U.S. Court of Federal Claims...more
In this issue:
- FINRA Proposes Rule Change that Would Require Reporting OTC Equity Transactions Within 10 Seconds
- FINRA Offers Changes to Proposed Rules Governing Markups, Commissions and Fees
- CFTC Permits...more
On January 28, 2013, the Internal Revenue Service (IRS) published a generic legal advice memorandum (GLAM), AM2012-10, addressing the timing under the consolidated return regulations of certain deductions that commonly arise...more
Annual Information Statements and IRS Returns -
Requirement to Report -
For any exercise of an incentive stock option (ISO) or transfer of a share previously purchased pursuant to a tax-qualified employee stock...more
This is a reminder to public and private companies that grant incentive stock options (“ISOs”) or maintain a tax-advantaged employee stock purchase plan (“ESPP”). Under IRS regulations, these companies must provide...more
As discussed in our December 16, 2010 blog article, the IRS issued final regulations in 2009 under Section 6039 of the Internal Revenue Code (the "Code") that require Employers to annually furnish each employee who exercised...more
In This Issue:
- 2013 – What's On the Horizon
- Changes Confirmed
- Changes Expected In 2013 But No Implementation Date
Each January, companies that grant incentive stock options (ISOs) are required to provide notices to current and former employees who exercised ISOs during the preceding calendar year. Similar notices must be given to current...more
IRS Affirms Rule on Reimbursements and Wages
by James F. McDonough, Jr. on December 5, 2012
The rules governing employee wages, reimbursements and taxes have been confusing for some business owners who have been levied...more
The Tax Court of Canada held in Alcatel Canada Inc. v. The Queen,  2 C.T.C. 2001 (TCC), that the taxpayer was entitled to an investment tax credit in respect of the value of stock option benefits granted to its...more
October 26, 2012 - The Federal Crimes Watch Daily
The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney.
The Pension Protection Act of 2006 added Section 401(a)(35) to the Internal Revenue Code generally effective for plan years beginning after December 31, 2006. That section provides in general that defined contribution...more
The UK Chancellor announced at the Conservative Party conference this week an outline plan to enable a new category of “employee owners” to receive shares in exchange for zero capital gains tax and a significant reduction in...more
UK Chancellor George Osborne has announced a plan to allow employees in smaller companies to give up employment rights in exchange for stock (shares) in the employer. How will this work from a tax and equity perspective?...more
In This Issue:
- FBAR Reports due June 29...1
- Investment Advisers to ERISA Plans and Plan Asset Funds Must Provide New Disclosure to Clients by July 1, 2012...2
- SEC Issues Additional Guidance on Form PF...3
INSIDE THIS ISSUE:
The ESOP Association submits comments on corporate tax reform to House committee; ESOP champion Olympia Snowe not running for reelection; Pro-ESOP legislation garners support; Bear Stearns agrees to...more
EMI stock options are clearly the most tax-effective incentive arrangements in the UK, and have been given a boost by favourable changes in the 2012 Budget...more
The March edition of BrownWinick's The Legal Monitor contains the following articles:
• Growth and Developments at BrownWinick
• The I-9 Audit: Why You Should Care and How You Can Prepare - United States Immigration and...more
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