A recent wave of pay transparency laws has left many employers apprehensive about recruiting across state lines. Pay transparency refers to the practice of making employee compensation figures visible to others – internally, externally, or both. Roughly 1 in 4 U.S. workers lives in a state or locality with a salary transparency law in place
New IRS guidance confirms no step up in basis for grantor trust assets that are not included in the decedent’s estate.
Rev. Rul. 2023-02 clarifies that the basis adjustment under section 1014 of the Internal Revenue Code does not apply to “step up” the basis for assets in grantor trusts treated as owned by the
In the continuing saga of the (possible) use of Environmental Social and Governance (“ESG”) factors by retirement plan fiduciaries under the Employee Retirement Income Security Act (“ERISA”), on Thursday, March 23, 2023, the House in a 219-200 vote failed to reach the two-thirds majority required to overturn a presidential veto regarding a joint resolution of
We recently reported on the National Labor Relations Board’s McLaren Macomb decision, which held that employers commit an unfair labor practice by merely proffering a severance agreement including broad confidentiality and non-disparagement clauses, regardless of whether the employee actually signs the agreement. The Board’s General Counsel (“GC”) has now issued a Guidance Memorandum explaining her
On March 13, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) released its Annual Report for fiscal year (“FY”) 2022, demonstrating a significant increase in the number of charges of discrimination filed with the agency, as well as emails and calls to the agency’s contact center, from the year prior.
A total of 73,485 new
The United States Department of Justice (DOJ) recently announced a nationwide policy that gives credits for companies that make “voluntary self-disclosures” for corporate misconduct. The policy builds on changes to DOJ’s Corporate Enforcement Policy that was announced in January.
The U.S. Attorneys’ Offices’ (USAO) Voluntary Self-Disclosure Policy, which was prepared by a Corporate Criminal
In a follow-up to our February 3, 2023 Blog post, DOL Finalizes New Regulations –Retirement Plan Fiduciaries May—But Are Not Required To –Take Into Account Environmental, Social, and Governance Factors When Making Investment Decisions and Exercising Shareholder Rights | The Energy Law Blog:
On Tuesday and Wednesday, the U.S. Congress, split primarily along party lines
The National Labor Relations Board (“NLRB”) ruled this week in the McLaren Macomb case, a decision applicable to both non-unionized and unionized employers, that merely including standard confidentiality and non-disparagement provisions in a severance agreement violates the National Labor Relations Act (the “Act”). The new Biden administration Board found that such provisions “interfere with, restrain
On February 22, 2023, the United States Supreme Court issued a 6-3 decision holding that an employee who is paid a day rate (without any weekly guarantee) must be paid overtime under the Fair Labor Standards Act (“FLSA”) because day rates are inconsistent with the Department of Labor (“DOL”) regulations governing many exemptions from the
Today the Louisiana Department of Revenue issued Revenue Information Bulletin No. 23-009, concerning partnership filing requirements for the 2022 tax year. The purpose of the RIB is to specifically provide administrative filing relief for certain eligible partnerships with regard to the 2022 tax year. However, the RIB does indicate that at the appropriate time these