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2018 Tax Reform Series: Change to Employer Deduction Rules

Jackson Lewis P.C. • January 15, 2018
This is the sixth article in our series covering the various tax and employee benefits-related changes contained in the Tax Cuts and Jobs Act signed by the President on December 22, 2017.

ICE Announces Enforcement Priorities, Raids Nearly 100 7-Eleven Stores

Jackson Lewis P.C. • January 15, 2018
On January 10, 2018 ICE issued a press release setting forth its three-pronged approach to worksite enforcement compliance: “compliance, through I-9 inspections, civil fines and referrals for debarment; enforcement, through the arrest of employers, knowingly employing undocumented workers, and the arrest of unauthorized workers for violation of laws associated with working without authorization; and outreach, through the ICE Mutual Agreement between Government and Employers (IMAGE) program, to instill a culture of compliance and accountability.”

Beltway Buzz, January 12, 2018

Ogletree Deakins • January 15, 2018
Some welcome hot air has finally come to D.C., and it’s not just coming from the mouths of politicians and regulators. Seriously. It’s 60 degrees today in D.C.! This time last week, it was 20 degrees. That’s quite a flip-flop for a town that is used to flip-flopping. Without further ado, here is this week’s Beltway Buzz.

Do You Want to See the Report That an OFCCP Compliance Officer Must Complete on Your Audit Before It Can Be Closed?

Ogletree Deakins • January 15, 2018
In order to close an Office of Federal Contract Compliance Programs (OFCCP) evaluation, a compliance officer (CO) must complete the Standard Compliance Evaluation Report (SCER) Form. The SCER is an internal OFCCP document that provides a road map for the compliance evaluation.

On-Demand Workers Help Both David and Goliath: Small Businesses Owners Continue to Embrace The Gig Economy in 2018

Fisher Phillips • January 15, 2018
Amidst all of the year-end articles recapping the world of labor and employment law and predicting the upcoming legal trends for the year-to-come, Bloomberg BNA identified “The Gig Economy and Flex Work” as one of the top five workplace issues to watch in 2018. We agree, and the proof lies in the numbers.

Nationwide 7-Eleven Immigration Raids Herald New Worksite Enforcement Strategy

Fisher Phillips • January 15, 2018
Slurpees are not the only ICE-y things being served at 7-Eleven these days. For the second time in five years, Immigrations and Customs Enforcement (ICE) raided dozens of 7-Eleven stores across the country in search of undocumented workers and managers who knowingly employ them. Yesterday’s raids involved 98 stores in 17 states from coast to coast, and resulted in at least 21 arrests.

Business Immigration Zone (BIZ): Federal Judge Relies on Presidential Tweets to Block DACA Phase Out and Prevent Job Losses

Phelps Dunbar LLP • January 15, 2018
Companies who employ DACA beneficiaries can rest easier – at least for now. On Tuesday, January 9, 2018, San Francisco U.S. District Judge William Alsup granted an injunction, blocking President Trump’s attempt to end Deferred Action for Childhood Arrivals (“DACA”), a federal program that protects young undocumented immigrants from deportation. In his ruling, Judge Alsup determined DACA should be left in place until lawsuits concerning DACA’s legality are concluded.

Business Immigration Zone (BIZ): Worksite Enforcement Is Back and Employers Should Take Note

Phelps Dunbar LLP • January 15, 2018
Federal immigration agents bombarded 7-Eleven convenience stores across the country on January 10, arresting alleged undocumented employees and demanding employment verification paperwork from managers. The Trump administration described this operation as its largest worksite enforcement operation against employers to date. These types of worksite enforcement actions likely will continue for the foreseeable future, so employers should start the New Year by making sure their employment eligibility verification policies and documents are in order.

OSHA Says Lawsuits Constitute Adverse Action Too

Jackson Lewis P.C. • January 15, 2018
Not only is the Occupational Safety and Health Administration (OSHA) continuing to crack down on employers suspected of retaliating against employees who blow the whistle and will not hesitate to pursue litigation on behalf of employees, OSHA considers lawsuits against whistleblowers to constitute adverse action for purposes of finding unlawful retaliation.

NLRB Litigates In Bad Faith And Ordered To Pay Approximately $18,000 In Fees

Brody and Associates, LLC • January 15, 2018
In Heartland Plymouth Court MI, LLC v. NLRB, 838 F.3d 16 (D.C. Cir. Sept. 30, 2016), the Federal Court of Appeals in the District of Columbia ordered the National Labor Relations Board (“NLRB”) to pay approximately $18,000 in attorneys’ fees for engaging in bad faith litigation.

Reminder! California Employers Must Provide Notice of the Federal and California Earned Income Tax Credit

Jackson Lewis P.C. • January 15, 2018
California employers should remember that they must revise their notice to employees regarding the federal Earned Income Tax Notice to include California’s version of it. Effective January 1, 2017, employers must revise their notice to employees regarding the earned income tax credit when issuing W-2 or 1099 forms.

Consider This – Minnesota Court Of Appeals Again Requires Proof Of Additional Consideration For Non-Compete Agreements For Existing Employees

Jackson Lewis P.C. • January 15, 2018
In October and November of this past year, we wrote about two Minnesota court decisions – Mid-America Business Systems v. Sanderson et al., Case No. 17-3876 (Dist. Minn. Oct. 6, 2017) and Safety Center, Inc. v. Stier, Case No. A17-0360 (Minn. App., Nov. 6, 2017) — that addressed the adequacy of consideration that is provided in exchange for entry into a non-compete agreement.
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