Law Alerts/Updates

Confidential sexual harassment settlement payments no longer tax‑deductible

In a workplace era that may soon be referred to as “Pre-Weinstein,” employers not only could quietly settle sexual harassment claims by including a nondisclosure agreement that virtually assured the matter would be kept confidential and out of the public spotlight, but they could also deduct the settlement payment and attorney’s fees as a business…

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Fiduciary Rule cancelled, subject to further appeal by DOL

For several years now, many in the retirement plan industry have been talking about the U.S. Department of Labor’s (DOL) new regulations and rules collectively referred to as the “Fiduciary Rule,” which significantly expanded the population of persons considered to be fiduciaries and, therefore, subject to regulation under the Employee Retirement Income Security Act (ERISA).…

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DOL rescinds prior guidance on interns, adopts primary beneficiary test

On Friday, January 5, 2018, the Department of Labor rescinded prior agency guidance from 2010 regarding internship programs for “for-profit” employers. The prior guidance had been criticized by courts as “too rigid” and inconsistent with the Fair Labor Standards Act. The 2010 guidance required employers to apply a rigid six-factor test. Under the 2010 guidance,…

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New Form I-9 available

A Form I-9 is used for verifying the identity and employment authorization of individuals — both citizens and noncitizens — hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. On July 17, 2017, U.S. Citizenship and Immigration…

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