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On Tuesday, January 16, the United States Supreme Court unanimously ruled that interstate transportation workers are exempt from the arbitration requirements of the Federal Arbitration Act (FAA) and cannot be forced to arbitrate.
McGlinchey Labor & Employment Alert
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Although the IRS announced on November 28, 2018 that no plan amendments are required in 2018 to 401(k) plan documents in order to maintain their tax-qualified status, this announcement is not the whole story if a plan allows hardship distributions, or a plan sponsor wants to apply forfeitures against qualified non-elective (QNEC) or qualified matching contributions (QMAC).
McGlinchey Labor & Employment Alert
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On September 21, 2018, the U.S. Fifth Circuit Court of Appeals ruled that a Louisiana charter school is subject to the National Labor Relations Act (NLRA) like most other privately controlled employers.
McGlinchey Education Law Alert
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The Supreme Court in Epic Systems v. Lewis recently upheld the rights of employers to require employees to sign mandatory arbitration agreements in which employees must waive their rights to bring a class or collective action against their employers.
McGlinchey Labor & Employment Alert
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A specific provision was included in the congressional spending bill approved on March 23, 2018, to amend the tip credit provisions of the Federal Labor Standards Act (FLSA) to expressly provide that employers cannot keep any portion of the tips earned by their workers, regardless of whether the employer utilizes the tip credit.
McGlinchey Labor & Employment Alert
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The Louisiana Supreme Court issued a landmark decision on March 13, 2018, upholding the constitutionality of the allocation of state and local Minimum Foundation Program (MFP) funding to New Type 2 charter schools pursuant to La. Const. art. VIII, § 13. Iberville Parish Sch. Bd. v. Louisiana State Bd. of Elementary & Secondary Educ., No. 2017-C-0257 slip op. (La. March 13, 2018).
McGlinchey Labor & Employment Alert
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Employers who pay employees while they are on Family and Medical Leave Act (FMLA) leave can receive a new tax credit under new Internal Revenue Code Section 43S, but the limitations on the applicability of the credit may make this tax deal more trouble than it is worth.
McGlinchey Labor & Employment Alert
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Beware of including nondisclosure agreements when settling sexual harassment claims, because neither the settlement payment nor the attorneys’ fees related to that settlement will be deductible under new Internal Revenue Code Section 162(q).
McGlinchey Labor & Employment Alert
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Employers in service industries may soon be able to require their tipped employees to share their tips with “back of the house” employees. The catch: the tipped employees must be paid at least minimum wage with no use of the tip credit.
McGlinchey Labor & Employment Alert
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Federal government agencies are in conflict among themselves as to whether Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation, including transgender status. Likewise, federal courts have reached differing conclusions.
McGlinchey Labor & Employment Alert
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