Skip to main content
Insights
Inflation Reduction Act
Federal Contractors Beware: New Hiring Restrictions Proposed on Companies Doing Business With the Federal Government
Earlier this week, the Federal Acquisition Regulatory Council proposed a new rule that would amend the Federal Acquisition Regulation (FAR) to impose new restrictions on federal contractors and subcontractors, including: (1) prohibiting, seeking or considering an applicant’s compensation history; (2)...
EEOC Releases Proposed Workplace Harassment Guidance – 25 Years in the Making
On September 29, 2023, the Equal Employment Opportunity Commission (EEOC) released its long-awaited proposed guidance on workplace harassment. The last EEOC guidance on workplace harassment was issued in 1999. The public will have until November 1, 2023, to comment on...
What to Expect When You’re . . . Under the Pregnant Workers Fairness Act Proposed Rules
On August 7, 2023, the US Equal Employment Opportunity Commission (EEOC) issued proposed rules for implementing the Pregnant Workers Fairness Act (PWFA). Once published in the Federal Register, the public will have 60 days to comment on the proposed rules...
NLRB Revises Test for Evaluating Workplace Policies
On August 2, 2023, in Stericycle, Inc. (Stericycle), the National Labor Relations Board (the Board) revised the test for determining whether an employer’s workplace policies comply with the National Labor Relations Act (the NLRA). Stericycle reverses the Board’s 2017 decision...
DOL Stance on Cryptocurrency in 401(k) Plans Becomes a Political Football
A recent release by the DOL raising concerns about plan sponsors allowing cryptocurrency investments in 401(k) plans has gotten the attention of both sides of the Congressional aisle as well as industry groups. Some of the reactions to the release...
ESG Seminar: Best Practices for M&A and Quick Hits on In Different Disciplines
ESG Considerations and Best Practices for Mergers and Acquisitions - Ben Martin Quick Hits on ESG Issues in Different Disciplines Cybersecurity Strategic and Crisis Communication - Scott Segal Labor Environmental - Matt Paulson Executive Compensation - Matthew Grunert Intellectual Property...
Fifth Circuit Sets New Framework for Fair Labor Standards Act Certification Analysis
Yesterday, the United States Court of Appeals for the Fifth Circuit rejected the commonly used and admittedly lenient Lusardi framework for Fair Labor Standards Act (FLSA) conditional certification and set a new framework for courts to determine whether and to...
2020 Incentive Stock Option & Employee Stock Purchase Plan Reporting
Now that 2021 is here, corporations should be aware of IRS reporting requirements regarding certain 2020 stock transactions with their employees. Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”), requires a corporation to report (i)...
IRS Provides Guidance on Presidential Payroll Tax Deferral
On August 28, 2020, the IRS issued Notice 2020-65 (the “Notice”) to provide guidance with respect to the Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster , issued by President Trump to the Secretary of...
IRS Eases Restrictions on Cafeteria Plans and FSAs in Response to COVID-19
On May 12, 2020, the Internal Revenue Service issued Notice 2020-29, which allows employers to make temporary changes to section 125 cafeteria plans. The permitted changes include giving employees more flexibility to make mid-year election changes, and extending the claims...
The CARES Act Provides Significant Relief With Respect to Distributions From Qualified Retirement Plans
Late last night, the U.S. Senate passed by a vote of 96-0 the Coronavirus Aid, Relief and Economic Security Act (the CARES Act). In addition to, among other things, financial assistance to individuals and certain businesses, the CARES Act provides...
Tax Relief under High Deductible Health Plans for COVID-19 Testing and Treatment
Due to the rapid spread of COVID-19, the Internal Revenue Service has issued Notice 2020-15 (the “Notice”) to provide relief for high deductible health plans (“HDHPs”) with respect to providing health benefits associated with testing for and treatment of COVID-19...
2019 Incentive Stock Option & Employee Stock Purchase Plan Reporting
Now that 2020 is almost here, corporations should be aware of IRS reporting requirements regarding certain 2019 stock transactions with their employees. Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”), requires a corporation to report...
SECURE Act Provisions
Major changes in federal law are in the works that could significantly impact employers’ qualified retirement plans, which could require amending such plans to reflect mandatory and elective changes. The U.S. House of Representatives recently passed the Setting Every Community...
Compensation Newsletter: Trends In Director Equity Compensation This Proxy Season
The trend of including director-specific limits on the size of annual equity awards to non-employee directors under long-term incentive plans (“LTIPs”) continues to pick up steam, as evidenced by our survey of LTIPs filed this proxy season for shareholder approval...