It is no secret that a business which is owned by a private equity fund will eventually be sold. As part of the sale process, the potential buyer will examine the employee benefit documents and the plans’ operations to determine if there are any potential risks. If errors are found, the seller may be required …
Asleep At the Wheel: The Growing Debate Regarding Obesity and Workplace Accommodations
As society continues to grow, pun intended, many new injuries and infirmities are entering the realm of “disability” putting employers more at risk at being caught in the crosshairs of the Americans with Disabilities Act (ADA) and comparable state laws (most of which track the original text of the ADA closely). Some of the extension is …
The 2nd Circuit Court of Appeals’ Recent Decision Reveals That the Interpretation of Title VII and its Application to Sexual Orientation Discrimination Claims Continues to Evolve
In a 10-3 decision, the 2nd Circuit Court of Appeals recently ruled that Title VII of the Civil Rights Act of 1964 (Title VII) covers claims of sexual orientation discrimination. In Zarde v. Altitude Express, the plaintiff sued his former employer, Altitude Express, under Title VII and New York law, alleging that he was terminated …
THE MORE THINGS CHANGE, THE MORE THEY … CHANGE: RECENT DEVELOPMENTS IN TRADE SECRETS PROTECTION AND NON-COMPETITION LAW
By: David J. Houston and Angelina Irvine, with contributions by Sara H. Jodka, Kenneth K. Ching, and David G. Bray Executive Summary and Takeaway: Trade secrets and confidential information are receiving increasing protection in many states, and as more states perceive this as a “business friendly” issue, this trend will continue and expand. Non-competition provisions, …
Five Common Employer Social Media Mistakes and How to Avoid Them
Social media has been and will continue to be an issue for employers. It has become the way people, especially Millennials, who make up a significant amount of the restaurant-industry workforce, communicate. When most employers think about social media in the workplace, they tend to think solely in terms of the high-profile social media firing …
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To Institute Arbitration, Employers Must Make Employee Acceptance a Condition of Continued Employment
On December 15, 2017, the United States District Court for the Eastern District of Michigan issued an opinion reinforcing the principle that an employer may only institute arbitration as a dispute resolution mechanism for existing employees if the employer expressly informs the employee that continued employment is contingent upon the employee’s acceptance of the arbitration …
Workforce Mobility at Risk under a NAFTA Renegotiation
The assessments of President Donald J. Trump’s first year in office have a recurring stormy theme, twisting and turning Washington D.C.’s status quo, metaphorically matching a year of once-in-a-generation natural disasters such as Hurricanes Irma and Harvey, wildfires and floods. These disruptive events were not limited to the U.S. domestic policy shorelines; indeed, global trade …
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Interagency Cooperation: Raising the Bar for Immigration Compliance
On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) should again be open for business for a flood of H-1B petition filings, which are subject to the annual cap. Employers are required to pay the higher of the actual or prevailing wage for the area of intended employment to sponsor an H-1B specialty occupation …
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Tax Reform: The Five Big Changes Affecting Employee Benefits
On December 22, 2017, President Trump signed H.R. 1 (formerly, the “Tax Cuts and Jobs Act” (the “Act”)) into law. While the Act was primarily focused on business tax cuts and individual tax reform, the Act includes several provisions that have implications for employee benefits and executive compensation. 1. Compensation Deduction Limits for Publicly Traded …
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Holiday Travel Advisory – Beware Changing Interpretation of “Economist” for Foreign Nationals Holding TN Status
In addition to the long lines, weather delays, expensive travel tickets, and the list of other travel headaches during the holiday season, certain foreign nationals holding Trade NAFTA (TN) status may also have to deal with increased scrutiny as to whether they remain eligible for the visa classification previously granted to them due to new …