The Equal Employment Opportunity Commission (EEOC) is paying close attention to the issue of age discrimination and to the many challenges facing the Age Discrimination in Employment Act (ADEA) 50 years after its enactment. On June 14, 2017, the EEOC launched its commemoration of the ADEA’s 50th Anniversary during its Commission meeting in Washington D.C. As part of this commemoration, the EEOC is focusing on the state of the ADEA today and the challenges it faces for the future. Among the EEOC’s concerns is the fact that Courts have been taking a narrow view of the ADEA, therefore limiting its impact.
Severance agreements – especially severance agreements for terminating executives – are ripe with potential tax planning challenges and opportunities. Before you draft your next agreement, beware of the following three traps:
On Wednesday, June 7th, the U.S. Department of Labor (DOL) withdrew two highly provocative interpretive guidance letters issued under President Obama’s administration. The two letters, issued by the Wage & Hour Division (WHD) Administrator, sought to limit instances of misclassification of workers, and expand the instances where a business might be considered a joint employer of a worker. The move was announced in a statement on the DOL’s web site.
This past week, the nation was shocked with yet another senseless act of violence in the workplace. On Monday, a disgruntled former employee, walked into his former employer’s job site and killed 5 of his former co-workers before taking his own life. No one would suggest that the employer could have done something differently to prevent this kind of violence. However, these events underscore the importance of having strong practices and procedures in place to handle events surrounding the employment termination. These steps allow employers do everything they can to deescalate and defuse these, admittedly, difficult situations. In addition, these steps can serve to protect employers, from a legal perspective, in case the former employee later raises claims relating to the termination or the reasons supporting the termination.
Normally in this space we write about case developments after the case is decided. This time, though the story involves a mid-case development which led to a company firing an employee it fought hard to keep.