Tax Reform/Tax Cuts, Who Cares? Tax Gross Up Damages Are Available Under Title VII

Tax

Tax reform legislation is certainly one of the hottest topics in the media. Among others, several of the pressing questions regarding the proposed legislation are: Will it pass? If so, who will receive tax relief (and who won’t)? It goes without saying that many Americans are paying close attention to these questions because it may affect the amount of money they take home.

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Legal Compliance In A Harassment-Conscious Environment

Harassment

As noted in our Legal News Update – Me Too, But Now What? What Board Members Need to Know About Workplace Sexual Harassment – allegations regarding workplace harassment have recently been a major focus of traditional and social media outlets.  From the #MeToo campaign to Susan Fowler’s blog testimony about her experiences involving harassment in the corporate world to the Harvey Weinstein NY Times sexual harassment investigation and upheaval in Hollywood, workplace harassment is front and center.

This particular blog post is not going to recount all of the recent occurrences, nor will it provide a history lesson on the genesis of sexual or other harassment. Rather, we will provide you with some practical compliance advice and recommendations as to what you should be doing to ensure that your company stays ahead of the concerns that are rocking America.

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Time to Think About Holiday Bonuses

holiday

Halloween has passed and we are now squarely approaching the holiday season. While this time of year brings many good things, it can also bring unwanted headaches for employers wanting to spread some “holiday cheer,” especially those who forget how bonuses may affect payment of overtime. So, while we recently discussed bonuses in general, now is a good time for a refresher on bonuses and overtime pay in the context of holiday payments.

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Repeat After Me: College Athletes Are Not School Employees Under the FLSA

FLSA

“Close some doors today. Not because of pride, incapacity or arrogance, but simply because they lead you nowhere.” This quote (attributed to Brazilian author Paulo Cuelho) comes to mind with last month’s filing of yet another lawsuit, Livers v. NCAA, by a college athlete who alleges that playing a college sport is work such that he or she qualifies as an employee of the school, and is thus entitled to wages, under the Fair Labor Standards Act (FLSA).

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Managing the Interplay Between the ADA, FMLA and WC

ADA

The following description may seem quite familiar to those who deal with employee issues on a daily basis. Your employee, who has a physically demanding job on the factory floor, has been out on leave for an injury that he contends is work-related. However, your worker’s compensation insurance carrier has recently denied coverage. Additionally, the employee also has used FMLA intermittently to care for the serious health condition of his spouse before going out on his current leave. And the employee would like to come back to work but his medical condition prevents him from regularly lifting more than 20 lbs., an essential function of the position. In the meantime, the supervisor is complaining and wants an employee who can do the job right now. What are your next steps?

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