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Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Beltway Buzz - March, 2018

NLRB Returns to Amorphous Joint-Employer Standard. Talk about policy oscillation: the National Labor Relations Board’s (NLRB) joint-employer recusal debacle continued this week, perhaps coming to an abrupt end (for now). ...more

No tax deduction for sexual harassment payments subject to NDAs

by Bricker & Eckler LLP on

Parts of the Tax Cuts and Jobs Act that took effect January 1, 2018, have amended Section 162 of the Internal Revenue Code to eliminate tax deductions for settlements, payouts and attorney’s fees “related to sexual harassment...more

Multiple Artificial Intelligence Bills Introduced in House and Senate

Over the last two months, the United States legislature has introduced three new bills intended to establish a Federal Advisory Committee on the rapidly-evolving field of artificial intelligence (AI) and to analyze and report...more

Government Initiatives in Response to Wave of Harassment Allegations Challenges Manufacturers

Two recent developments, generated from the tidal forces of the #MeToo movement should get manufacturers’ attention. On December 22, 2017, Congress adopted a comprehensive tax reform law. Included in the statute is an...more

Massachusetts Legislature Considers Prohibiting Mandatory Arbitration of Employment Claims

A bill prohibiting mandatory arbitration of employment-related claims, introduced in late 2017 before the Massachusetts House of Representatives, continues to gain traction in early 2018. The bill (House Bill 4058), which...more

Serious changes for fixed-term employment in Germany announced

by Bryan Cave on

The formation of a new government in Germany has not yet been completed however since February 7, 2018, the coalition agreement has been signed. Such political guidelines were consistently implemented during the last...more

Navigating the Shifting Winds of Marijuana Enforcement: A Hazy Issue for Employers

by Faegre Baker Daniels on

The legal state of marijuana continues to be in flux, potentially creating thorny issues for employers related to drug testing and policy drafting and execution. Though marijuana is illegal under federal law, as of January...more

Vermont’s Governor Signs Recreational Marijuana Law

by Jackson Lewis P.C. on

Vermont’s Governor Phil Scott signed a recreational marijuana law on January 22, 2018. The law is the first recreational marijuana law to be enacted by a state legislature without a ballot initiative. It will take effect on...more

Sessions’s Marijuana Memo Reminds Colorado Employers They Are Not Out of the Federal Weeds

by Wilson Elser on

Attorney General Jeff Sessions’s January 4, 2018, Memorandum for All U.S. Attorneys explicitly rescinds all prior nationwide guidance on marijuana-related offenses under the federal Controlled Substance Act (CSA) issued from...more

Weekly Update Newsletter - January 2018 #2

by PilieroMazza PLLC on

The Government Shutdown Top 10: Things You Should Know Before You Send Employees Home - Ms. Atallah’s blog creates an invaluable list for government contractors to keep in mind should the government shutdown actually come...more

Sexual Harassment Legal Settlements: What Employers Need To Know About The New Tax Act

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The new Tax Act prohibits employers from deducting payments to individuals alleging sexual harassment or sexual abuse if the settlement or payment requires the Claimant to execute a nondisclosure agreement....more

New California Employment Law May Impact Acquired Employees' Compensation In The M&A Context

Effective January 1, 2018, California Labor Code Section 432.3 was amended to, among other things, prohibit any employer – public or private – from "seek[ing]" salary and compensation history from applicants for employment....more

Five Important Employment Trends for Massachusetts Retailers in 2018

by Goulston & Storrs PC on

Having survived the holiday shopping season, retailers should begin to prepare for any new employment laws that will go into effect in the coming year (and, of course, should ensure that they are complying with existing...more

Sessions Isn’t Blowing Smoke—Marijuana Enforcement Is Back on the Books

by Blank Rome LLP on

At the beginning of January, Attorney General Jeff Sessions issued a one-page memorandum rescinding the Obama-era approach to marijuana enforcement, which had largely been “hands-off” on prosecuting marijuana users and...more

Tax Bill Means Changes to Employee Benefits and Executive Compensation

On December 22, 2017, President Trump signed into law a tax bill reconciling both the House and Senate versions of the so-called Tax Cuts and Jobs Act. The Act’s major provisions are lowering the corporate tax rate to 21%...more

Lawmakers Take Aim: Will #MeToo Curb Nondisclosure or Arbitration Agreements?

by Littler on

In 2017, the #MeToo movement highlighted the prevalence of sexual harassment in the workplace, toppling prominent figures in numerous fields. Sexual harassment has been unlawful for decades, of course, yet this vexing problem...more

Chronic Dispute: What The Sessions Marijuana Memo Means For Employers

by Fisher Phillips on

Attorney General Jeff Sessions issued a one-page memorandum on December 4th, rescinding Obama-era guidance that had allowed states to legalize medical and recreational marijuana with marginal federal interference, eliminating...more

California Proposes New Legislation Prohibiting Confidentiality Provisions in Settlement Agreements

In the face of a continuing wave of highly publicized complaints of sexual misconduct in the workplace, California state senator Connie M. Leyva introduced Senate Bill 820. If passed, this law would prohibit the inclusion of...more

Sessions Changes the US DOJ’s Position on Prosecutorial Discretion Involving Marijuana in States Permitting Use – But is that a...

by Fisher Phillips on

As predicted by Politico, the Wall Street Journal, Washington Post and other sources, U.S. Attorney General Jeff Sessions today rescinded the 2013 Cole Memorandum “Guidance Regarding Marijuana Enforcement,” which has...more

New Deferral Opportunity for Stock Awards

The Tax Cuts and Jobs Act includes a new provision that can delay the taxation of compensation paid to employees of “eligible corporations” in the form of “qualified stock” for up to five years. The provision is set forth in...more

Tax Bill Cuts Deduction For Confidential Sexual Harassment & Abuse Settlements

by SmithAmundsen LLC on

On December 22, 2017, the Tax Cuts and Jobs Act was signed into law as P.L. 115-97. Hidden about halfway into the law, in Section 13307, is an amendment to the tax code on itemized deductions for individuals and...more

Tax Reform Results in Only Minor Changes for Retirement Plans

by McDermott Will & Emery on

The Tax Cuts and Jobs Act made significant changes to the tax code and will have a significant impact on businesses and individual taxpayers. However, although initial proposals included potentially significant changes to...more

New Tax Cuts and Jobs Act Affects Employee Benefit Plans and Executive Compensation Arrangements

by Ballard Spahr LLP on

The Tax Cuts and Jobs Act, signed into law by President Donald J. Trump shortly before Christmas, is the most significant tax reform legislation in more than 30 years. ...more

E-employment contract

by DLA Piper on

Since 2007 employment contracts can be signed electronically. Moreover, it is also possible to send and archive various social documents electronically. Under the currently applicable provisions, an employment contract...more

Stimulating e-commerce: new rules regarding night work and Sunday work

by DLA Piper on

To develop e-commerce activities, the possibility to perform night work, ie work performed between 8 PM and 6 AM, and Sunday work is crucial. In Belgium however, the current process to implement such work regimes is a heavy...more

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