In light of all the recent storms, Connecticut employers should be reminded that the Connecticut Department of Labor’s rules on deducting paid time off (“PTO”) from an exempt employee’s PTO bank for office closures differ from federal law.  While federal law allows employers to deduct PTO from an exempt employee’s PTO bank for an office closure, the CT DOL prohibits this practice when the employer chooses to close the office.  View Full Post
A federal court in New York dismissed all claims asserted by a recovering alcoholic under the Americans with Disabilities Act and the Rehabilitation Act for numerous reasons including that he did not show he was “disabled.” Johnson v. N.Y. State Office of Alcoholism & Substance Abuse Servs. View Full Post
With the current focus on US multinational operations around the world and the pressure to meet globally acceptable and locally effective compliance, companies regularly turn to global employment policies as a tool to manage their local employment-related risks. Often the desire is to house these policies in a single “global” employment handbook. View Full Post
In a 2-1 decision, the U.S. Court of Appeals for the Fifth Circuit vacated the Department of Labor’s fiduciary rule, including the expanded definition of “investment advice fiduciary” and the associated exemptions.  The decision nullifies the Department’s 2016 regulation—at least in the Fifth Circuit, which includes Texas, Louisiana, and Mississippi—but is not likely to be the last word on this topic.  View Full Post
The Department of Labor’s Proposed PAID Program: An Invitation To Turn Yourself In Or To Turn Yourself Inside Out? Last week, the U.S. Wage and Hour Division (“WHD”) announced that it will soon offer employers the chance to self-report to the WHD and potentially resolve minimum wage and overtime violations. This opportunity will be offered under the new WHD Payroll Audit Independent Determination (“PAID”) program. View Full Post
As a business attorney, I try to understand my clients’ businesses and keep up with trends that may help my clients address problems they may encounter as their business grows. Three of my favorite podcasts that help me do that include Mac Power Users, which helps you get the most out of your technology, Cortex, which features business and productivity tips from independent content creators, and Free Agents, which discusses the trials and tribulations of starting your own business. View Full Post
Part of Our Series on the Tax Cuts and Jobs Act of 2017 The Tax Cuts & Jobs Act of 2017 adds a new provision to the Code, section 162(q), that eliminates deductions for settlement payments related to sexual harassment or sexual abuse “if such settlement or payment is subject to a nondisclosure requirement.” The new provision also prohibits, in a separate subsection, deductions for attorney’s fees “related to such a settlement or payment.” Thus, if an employee asserts a claim of sexual harassment against of coworker or supervisor, and the employer enters into an agreement to settle the claim that includes a standard confidentiality provision, neither the amount of the settlement nor any amount of the settlement allocated to attorneys’ fees can be deducted as a business expense. View Full Post