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Steven Friedman Explains Effects of Obama's Cap on Executive Salaries
"How Obama's Cap on Exec Salaries Could Cause as Many Problems as it Solves," The National Law Journal
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Littler Strengthens Employee Benefits Practice with Addition of Warren E. Fusfeld and Melissa B. Kurtzman to the Firm's Philadelphia Office
Philadelphia, PA/ March 20, 2009 -- Littler Mendelson (Littler), the nation's largest employment and labor law firm representing management, is pleased to announce the arrival of shareholders Warren E. Fusfeld and Melissa B. Kurtzman to the firm’s Philadelphia office, both formerly of WolfBlock LLP.
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The Coming Regulatory Avalanche: Engineering Practical Employment and Labor Law Compliance Solutions
The focus of this 2011 Littler Report is to provide employers with information to prepare and plan for regulations recently passed and those currently making their way through the agency rulemaking process. Part One of this Littler Report will set the stage and define the challenge employers will face in the coming years as the Obama Administration enters the second half of its term.
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IRS Proposed Regulations Clarify Certain Equity Compensation Rules Under IRC Section 162(m)
Section 162(m) of the Internal Revenue Code (the "Code") generally limits the deductibility of compensation paid by a publicly traded corporation to its top executive officers (the "covered employees") to $1 million annually (the "Million Dollar Cap"). However, this limit will not apply to certain amounts that qualify as "performance-based compensation." Compensation attributable to stock options, stock appreciation rights ("SARs") and restricted stock grants may qualify as performance-based compensation if they meet certain requirements.
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Compensation Landmines: Examining Commission Plans, Bonuses and Employment Agreements
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The Virginia Supreme Court on Damages, Equity Valuation, and the Significance of Delaware Corporations Law in the Termination and Removal of a Chairman and CEO
The Virginia Supreme Court has spoken again on the calculation of damages in a complex employment contract case. In Online Resources Corp. v. Lawlor, No. 120208 (Va. Jan. 10, 2013), the court addressed the expert qualifications required for the valuation of equity following the termination of the chairman and chief executive officer (CEO) ("executive") of a publicly-traded company, as well as the applicability of Delaware Corporations Law to related change in control (CIC) provisions.
Background
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IRS Issues Proposed Regulations Under Code Section 457 Affecting Deferred Compensation Plans of Tax-Exempt Organizations
The Internal Revenue Service recently issued proposed regulations under Section 457 of the Internal Revenue Code (the “Code”) that prescribe rules regarding deferred compensation plans sponsored by state and local governments and tax-exempt organizations. These regulations relate primarily to the taxes imposed (under Code Section 457(f)) on the organization at the time the individual’s right to compensation vests, without regard to actual time of payment.
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Bills 47, 66 and 57: Everything You Need to Know About the Never Ending Changes to Ontario, Canada’s Employment Standards Act, 2000 and Labour Relations Act, 1995 and the Indefinite Delay of its Pay Transparency Act
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Ontario, Canada: Appellate Court Decides Employee Rights to Shares on Termination Governed by Shareholders’ Agreement
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Ontario, Canada: What Is an Employee’s Entitlement to Incentive Plan Compensation during the Notice Period?
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15 Key Developments in Canadian Labour & Employment Law in 2019
Canada saw significant developments in labour and employment law in 2019. As we embark on a new decade, we will undoubtedly see the landscape in this ever-changing area of law continue to evolve. Here is our Littler LLP overview of 15 key developments in 2019 with links to more detailed articles and commentary:
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Publicly Traded Employers Will Need to Claw Back Incentive Pay from Former and Current Executive Officers
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Is a Bonus Clawback Provision a Restraint of Trade in the UK?
In a reassuring decision for employers, the UK High Court has confirmed that an employer’s use of a contractual provision to claw back an employee’s bonus was lawful. The ruling in Steel v Spencer Road LLP provides helpful guidance on the circumstances in which a bonus clawback will not constitute a restraint of trade, though employers should be mindful that not all such provisions will be enforceable.
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Growing scrutiny of stay-or-pay clauses trapping US workers
Johane Severin discusses the growing practice of “stay-or-pay” contracts, which some argue force workers to pay if they resign ahead of a stipulated date.
International Employment Lawyer
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Legal Battle Simmers Over Plan to Give Farmworkers Union Rights
Alexander MacDonald weighs in on the effects of U.S. DOL regulations that seek to expand organizing protections for farmworkers on temporary visas.
Bloomberg Law
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Does Modern Labor Law Violate the Fifth Amendment?
Alexander Thomas MacDonald provides insight into the new regulations under theH-2A visa program.
The Federalist Society
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DOL Releases Annual Fine Increases for Immigration-Related Violations
The U.S. Department of Labor (DOL) published its new immigration-related fines/penalties, effective January 15, 2024. Immigration-related violations before the DOL involve these visas: H-1B, H-2A, and H-2B. These increases are pursuant to the Federal Civil Penalties Inflation Adjustment Act of 2015. Since that time, penalties have been adjusted yearly based on the rate of inflation.
Below are the offenses, including regulation citations, with the old and new penalties:
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DHS Announces Special Immigration Protection for Workers Who Help in Labor and Employment Agency Investigations
The Department of Homeland Security (DHS) has recently announced a streamlined process for foreign workers to request deferred action. Deferred action is a type of prosecutorial discretion to defer removal action (deportation) for a noncitizen for a certain time period. The new process will apply where these workers are participating in or otherwise involved an investigation or enforcement action by a federal, state, or local labor and employment agency.
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Penalties for Immigration-Related Violations Continue to Rise in 2024
As required under the Federal Civil Penalties Inflation Adjustment Act of 2015, the Department of Justice (DOJ) announced, through the Federal Register, increases for penalties under the Immigration Reform & Control Act (IRCA), effective February 13, 2024. Interestingly, the Federal Register announcement for DOJ increases also included penalties for sections of IRCA administered by the Department of Homeland Security (DHS), Immigration & Customs Enforcement (ICE).
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Poland and Other Central-Eastern European Countries Focus on Their Global Mobility & Immigration Policies
In February 2024, Poland’s government revealed that it is working on a comprehensive migration strategy for the years 2025-2030, advertised as a “responsible and safe” approach. The Ministry of Interior and Administration plans to spend the first half of 2024 conducting consultations to learn the preferences and expectations on migration and foreigners’ employment from various stakeholders, including the country’s biggest employers and their organizations, as well the trade unions.
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Washington State Legislative Updates
UPDATE: Since publication, we made a clarifying edit concerning the reasons an employee will be able to use paid sick leave under the amended law.
The Washington state legislature and certain localities recently passed several bills affecting employers, some of which have already been signed into law. These measures address non-compete agreements, mandatory employer-sponsored meetings, immigration reporting, paid leave, and the minimum wage. Each new bill or ordinance is discussed below.
New Law Expands and Clarifies Non-Compete Statute
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Employment Law And Geopolitics: Key Considerations For The C-Suite
Stephan Swinkels and Michael Lotito discuss the intersection of employment and geopolitics and offer key considerations for the C-suite of global companies.
Chief Executive
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Illinois Passes State Law Offering Protection to Employees from Unfair Enforcement of Employment Verification Practices
On August 9, 2024, Illinois Governor JB Pritzker signed Senate Bill 0508 (“SB0508”) into law. This new law provides additional employment protections for individuals flagged by an employment eligibility verification system, including federal E-Verify, as having identification discrepancies. The new rights and protections created by SB0508 will take effect on January 1, 2025. This evaluation does not address whether the state law directly restricts or curtails the use of E Verify.
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What Immigration Changes Can UK Employers Expect from the Labour Government?
Under the previous UK Home Secretary, James Cleverly, minimum salary thresholds for Skilled Worker visas were raised significantly and the 20% discount for shortage occupations were eliminated.
Both the Conservative and Labour manifestos vowed to lower immigration each year, leaving employers wondering what changes are on the horizon.
Review of IT and engineering roles
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Harris' Surge Renews Labor Advocates' White House Hopes
Michael Lotito said labor policy changes could be delayed in a second Trump administration depending on the shifting makeup at the NLRB.
Law360 Employment Authority
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Ten Employment Issues This Labor Day
The past year has brought sweeping changes to the world of work. Federal agencies finalized rules on minimum wage and overtime exemptions, union representation elections, pregnancy accommodations, OSHA inspections, and non-compete agreements. The Supreme Court scaled back agency rulemaking authority and lowered the bar for bringing discrimination claims. State legislatures expanded the patchwork of employment laws on a host of workplace topics. Meanwhile, the looming presidential election adds another layer of uncertainty to the mix.
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The Accidental Success of the NLRA: How a Law about Unions Achieved Its Goals by Giving Us Fewer Unions
Alexander Thomas MacDonald explains how, through a century of trial and error, labor law has been wildly successful in giving us the most peaceful labor market in history.
The Federalist Society
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Election Talk Implicated in Mandatory Workplace Meeting Bans
Michael Lotito says captive audience meeting bans passed by more than half a dozen states are “intrusive” and “against fundamental First Amendment principles.”
Bloomberg Law
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Predistribution, Labor Standards, and Ideological Drift: Why Some Conservatives Are Embracing Labor Unions (and Why They Shouldn't)
Alexander T. MacDonald says predistributional labor policies do none of the things they’re supposed to do and, in fact, amplify the problems they’re supposed to solve.
The Federalist Society
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New Calif. Laws Employers Should Have On Their Radar
Joy Rosenquist talks about some of the 30 new California laws she thinks are particularly significant for employers, including rules addressing pay transparency and off-duty cannabis use.
Law360 Employment Authority
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Layoffs Not In The Cards For Most Employers, Survey Says
Terri M. Solomon talks about Littler’s 2023 Employer Pulse Survey results, which show that employers are rebounding from 2020 as consumer spending on entertainment, travel and sports increases.
Law360 Employment Authority
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How to Avoid a Claim of 'Pretaliation'
Jeff Nowak and Rich Falcone talk through a hypothetical HR dilemma involving a workplace complaint.
SHRM Online
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Littler Global Guide - Netherlands - Q1 2023
Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.
Download full Q1 2023 Global Guide Quarterly
Whistleblower Protection Act Has Entered into Force
New Legislation Enacted
Authors: Dennis Veldhuizen, Partner, and Eric van Dam, Partner – Clint | Littler
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Regulatory Roundup – Key Developments in UK Financial Services
In this article, we share a round-up of the key developments from a regulatory perspective for HR Professionals in UK financial services firms. This covers expected changes to the SMCR regime, regulatory remuneration requirements and whistleblowing framework. We also look at the increasing focus of the regulator on culture and conduct within financial services firms in the wake of recent sexual harassment allegations within a UK asset manager.
SMCR
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Supreme Court Determines When the U.S. Government May Dismiss an FCA Action Over a Relator’s Objection
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When Will a Settlement Agreement Preclude a False Claims Act Action?
A recent District of Columbia federal court ruling reminds employers that a severance agreement containing a release of claims under the False Claims Act does not guarantee dismissal of a suit on those grounds.
Background on the FCA
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SEC Continues to Attack Non-Disclosure Agreements and Personnel Policy Provisions that Could Impede Employees from Reporting Potential Violations of U.S. Securities Law
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Whistle(Blowing) While You Work: An Update on Federal and Virginia State Whistleblower Retaliation Laws
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Practical Ways to Reduce Workplace Theft
Zoe Argento talks about the two main types of valuable and sensitive information that employees typically steal and offers ways employers can prevent workplace theft.
SHRM Online
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Costa Rica Passes First “Whistleblower Law” to Protect Complainants and Witnesses of Possible Acts of Corruption
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SCOTUS: Retaliatory Intent Not an Element of SOX Retaliation Claim
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Littler Lightbulb: February Appellate Roundup
This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.
At the Supreme Court
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Labor Department Seeks Advice on Increasing Equity in Contracting, Other Programs
Meredith Shoop talks about the Affirmative Action Program Verification Interface where covered federal contractors can upload their affirmative action plans for review.
Government Executive
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OFCCP Plans to Disclose Confidential Employer EEO-1 Data: Can Employers Protect Their Information?
On August 19, 2022, OFCCP published a notice in the Federal Register for the stated purpose of advising employers that in response to a Freedom of Information Act (FOIA) request, it is planning to produce confidential information that is protected from disclosure pursuant to a statutory exemption.