No End in Sight – Prepare for Years of Litigation

By Beth Ann Lennon The United States Supreme Court gave plaintiffs an undisputed win on Monday when it decided Artis v. District of Columbia.  In a 5-4 decision, the Court held that when a plaintiff brings both state and federal law claims in federal court, state courts must “stop-the-clock” on the statute of limitations for […]

When Work and Faith Collide

By Joe Hunt and James Korte When it enacted Title VII of the Civil Rights Act of 1964, Congress stated a desire to assure individuals additional opportunities to observe religious practices when they conflict with employment.  But what does it mean that, short of an undue hardship, employers must make ‘reasonable accommodations’ for the religious […]

New Paid Family Leave Tax Credit

By Mike Dubetz and Steve Miller The recently-enacted Tax Cut and Jobs Act (the “Tax Act”) includes a provision that eases the burden for employers who adopt paid family and medical leave policies.  The Tax Act added a new federal tax credit available through 2019 to employers that adopt a paid family and medical leave […]

#MeToo Impacts Harassment Damages/Taxes

By Mike Dubetz and Steve Miller The recently-enacted Tax Cut and Jobs Act (the “Tax Act”) includes an unheralded change to the tax law that will directly affect sexual harassment settlements.  As a direct result of the recent highly-publicized cases involving sexual harassment of employees, a new provision (Section 162(q)) has been added to the […]

DOL Doubles Back on Interns

By James Korte On January 5, 2018, the US Department of Labor (“DOL”) endorsed the seven-factor “primary beneficiary test”, also known as the “Glatt Test,” to determine whether interns qualify as employees under the FLSA. See DOL Press Release. The DOL scrapped its 2010 six-factor test to better align its guidance with the test adopted […]

The More Things Change… The More They Stay The Same.

By Chance Hill On January 5, 2018, the U.S. Department of Labor (DOL) reissued 17 previously withdrawn opinion letters addressing a wide variety of topics under the Fair Labor Standards Act (FLSA). Such letters respond to specific questions submitted to the DOL’s Wage and Hour Division (WHD) and constitute an important form of guidance for […]

Late Limit on Bonus Plan Has No Effect

By Bill Wright The 8th Circuit Court of Appeals recently offered a refresher course on contract formation, as applied to employee bonus plans. The employer promised substantial bonuses, payable in five years, provided the eligible at-will managers were still employed. A couple of years later, the employer saw that the bonuses were going to be […]