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Unions to Face Greater Scrutiny for Negligent Conduct to Their Members

Jackson Lewis P.C. • October 18, 2018
National Labor Relations Board’s field office staff have been directed to prosecute a broader array of cases against unions that engage in negligent behavior toward their members, according to an internal memorandum obtained by Bloomberg BNA.

IRS Clarifies Role of Gross-Ups When Taxes Are Assessed on an Earlier Year’s Fringe Benefits

Ogletree Deakins • October 18, 2018
When the Internal Revenue Service (IRS) determines during an examination that a fringe benefit should have been taxed and the employer accordingly has to pay additional taxes in a later year, how is the subsequent payment treated for tax purposes? Recent IRS guidance on this issue serves to clarify when employers will need to “gross up” these payments for the employee.

Joint Employment, Wage and Hour Changes are on the Regulatory Horizon

Littler Mendelson, P.C. • October 18, 2018
Employers will face fewer significant regulations in the coming year, according to the Trump administration's Unified Agenda of Regulatory and Deregulatory Actions ("regulatory agenda"). Released on October 17, 2018, the fall regulatory agenda outlines each agency's rulemaking efforts at any stage in the process—from requests for information to final regulations—and gives estimated timelines for completion. This regulatory to-do list provides insight into the administration's upcoming priorities.

California Legislative Update: Here Are the New Employment-Related Laws for 2019

Carothers DiSante & Freudenberger LLP • October 18, 2018
On the last day for Governor Brown to sign or veto bills this legislative session, here is the list of key employment-related bills that have been signed into law, along with a list of bills that were vetoed. All new laws take effect January 1, 2019 unless noted.

New California Law Aims to Increase PBM Disclosure and Transparency

Ogletree Deakins • October 18, 2018
Employers looking for greater transparency on prescription drug pricing and pharmacy benefit manager (PBM) services will soon have a powerful new tool from an unlikely source: California lawmakers.

Court Confirms Louisiana Anti-Discrimination Statute, Not Tort Law, Provides the Exclusive Basis for Employment Discrimination Claim

Ogletree Deakins • October 18, 2018
Plaintiffs have attempted a number of creative avenues to avoid the procedural and substantive limitations set forth under the Louisiana Employment Discrimination Law (LEDL), which provides a statutory scheme to address employment discrimination. The Fifth Circuit Court of Appeals recently foreclosed one of these avenues and concluded that the LEDL provides the exclusive statutory basis for an employment discrimination case under Louisiana law. The court also held that the plaintiff in that case failed to show that the employer’s justification for its failure to promote her was pretextual, underscoring the high burden for plaintiffs in failure-to-promote cases. Roberson-King v. Louisiana Workforce Commission, No. 17-30899 (September 17, 2018).
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