Scott F. Cooper and Brooke T. Iley
Public Company Alert: New Tax Law Re-Writes the Rules under Tax Code Section 162(m)
Employers Score Major Win as Predicted Changes at National Labor Relations Board Start to Come True
NLRB Reverses Landmark Browning-Ferris Decision and Loosens Test for Joint Employer Status
Scott F. Cooper
In Hy-Brand Industrial Contractors Ltd. and Brandt Construction Co., NLRB Chair Philip Miscimarra, joined by the two newest NLRB board members, William Emanuel and Marvin Kaplan, significantly reduced the scope of joint employer status in reversing BFI. The issue over the scope of joint employer status at the Board has been simmering for some time, as NLRB Chair Miscimarra wrote a dissenting opinion in the 2015 BFI decision, which was issued under the Obama administration when Democrat members held the Board majority. Continue reading “Employers Score Major Win as Predicted Changes at National Labor Relations Board Start to Come True”
Congress’ New Tax Law—Excise Tax Coming on Compensation of Tax-Exempt Organization Executives
Under the Act, an employer subject to the new rules would be required to pay the excise tax with respect to compensation paid to any of its five most highly compensated employees (referred to under the Act as “Covered Employees”) in two separate instances. Continue reading “Congress’ New Tax Law—Excise Tax Coming on Compensation of Tax-Exempt Organization Executives”
NLRB Chairman Miscimarra’s Last Stand – Bye-Bye “Micro Units”
However, Republican-appointed Chairman Phil Miscimarra is making up for all of the labor-friendly opinions during Obama’s administration where he found himself in the minority, left to argue seemingly in vain in some classic dissenting opinions. Now, he’s been leading the majority charge to “right” as many Obama Board “wrongs” as possible before stepping away from the Board on Saturday. Continue reading “NLRB Chairman Miscimarra’s Last Stand – Bye-Bye “Micro Units””
NLRB Kicks Things into Gear – To Benefit Employers!
Led by Chairman Phil Miscimarra (a Republican who unfortunately is stepping down at the end of his term next week), the NLRB has attacked and reversed two critical issues that have plagued employers for the last several years: Continue reading “NLRB Kicks Things into Gear – To Benefit Employers!”
A Call to Action—Stamping Out Workplace Harassment
“This” isn’t just about Harvey Weinstein, Roy Moore, Kevin Spacey, Al Franken, Matt Lauer, or others in the news. “This” isn’t just about politicians, Hollywood, and the media.
“This” is a real problem in workplaces across the country. Every time we hear a story that sounds surreal, we want to believe it’s some type of joke. But, it never is. Although the law—and common sense—make clear that such conduct is not acceptable, it still happens. It’s been happening in the employment setting for decades. Now, with the latest revelations being broadcast across the news, it’s finally getting more widespread attention. And, “this” needs attention, as well as focused efforts at eradication. Continue reading “A Call to Action—Stamping Out Workplace Harassment”
Just in Time for the Holidays
Employees testifying before the State Department of Labor said that these practices often leave workers unable to manage child care schedules and personal engagements, and prevent them from taking second jobs. Business representatives argued they require flexibility and that employers need to have these scheduling practices available to adapt to unpredictable circumstances, such as employees not attending work, unexpected customer demands, or inclement weather. Continue reading “Just in Time for the Holidays”
The Salary Privacy Act—Stacking the Deck
The Salary Privacy Bill, AB 168, enacted by Gov. Jerry Brown on October 12, 2017, prohibits California employers from asking job candidates about their prior salaries, either orally or in writing, and prohibits employers from using an agent to get the information. The law applies to both public and private employers of every shape and size. Continue reading “The Salary Privacy Act—Stacking the Deck”
DOJ Reverses Course—Title VII Does Not Cover Gender Identity
Susan L. Bickley and Emery Gullickson Richards