AUGUST 7, 2018
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Labor & Employment News
In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.

Around the clock, the National Law Review's editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists.

There is no log in to access the database and new articles are added hourly.
Congress recently passed the 2017 Tax Cuts & Jobs Act which includes Internal Revenue Code §162(q). Specifically, § 162(q) provides:
No deduction is allowed for any settlement or payment related to sexual harassment or sexual abuse if the settlement or payment is subject to a nondisclosure agreement. No deduction is permissible for attorneys’ fees related to a confidential sexual harassment settlement or payment.  These payments remain tax-deductible, however, if they are not subject to a nondisclosure agreement.  More on Sexual Harassment Settlements Here >
The Latest: FTC Settles Civil Complaint for Wage-Fixing 
Barnes & ThornburgA recent settlement shows that the US Federal Trade Commission (FTC) will use its enforcement authority to target employer collusion in the labor market.  WHAT HAPPENED:  The FTC brought a complaint against a medical staffing agency, Your Therapy Source, LLC, and the owner of a competing staffing agency, Integrity Home Therapy, for allegedly agreeing to reduce the rates they would pay to their staff. Simultaneously, the FTC settled the case with a consent order that forbids the parties from any future attempt to exchange pay information or to agree on the wages to be paid to their staffs.  More on Wage-Fixing Here >
Recently, the California Court of Appeals affirmed employer-timekeeping practices that round employee work hours to the closest quarter hour are lawful when neutrally applied. In AHMC Health Care, Inc. v. Superior Court, the court interpreted a federal regulation, 29 C.F.R. § 785.48, which permits employers to round employee worktime in a “manner that will not result, over a period of time, in failure to compensate the employees properly for all the time they have actually worked.” The court also relied on a U.S. Ninth Circuit Court of Appeals decision, Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership,  More on California Appellate Court Decision Here >
The expiration date for the U.S. Department of Labor’s (“DOL”) model Family and Medical Leave Act (“FMLA”) notice and medical certification forms has once again been extended. The new expiration date is now August 31, 2018. Expiration dates are located at the top right corner of the model FMLA forms.  The DOL’s model FMLA notices and certification forms were originally due to expire on May 31, 2018, then again on June 30, 2018, and the DOL has again pushed the expiration date, now to the end of August, from the July 31, 2018 expiration date. Once approved by the Federal Office of Management and Budget, the new FMLA forms will be valid through 2021.  More on FMLA Forms Here >
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