More companies are considering paying their employees in tokens such as Bitcoin. The Japanese GMO group and the German Digitalmagazin t3n, for example, have announced that they plan to pay their employees in Bitcoin. This trend gives rise to the question: Are there restrictions under German employment law that companies must take into account?
Employment
Transgender Employees and Employment Discrimination
By Alison L. Nadel & Natalie Colvin on
Posted in Employment
Alison Nadel and Natalie Colvin wrote this bylined article about considerations for employers around gender identity and expression under Title VII.
Dynamex: Stricter Definition of Independent Contractors Brings New Challenges for California Employers
Posted in Employment
Ron Holland, Ellen Bronchetti and Kevin Connelly presented on challenges California employers face in light of a stricter definition for independent contractors. They discuss the Dynamex presumption which places the burden on the hiring entity to establish that the worker is an independent contractor who was not intended to be included within the wage order’s coverage.
IRS Releases FAQs on Paid Family and Medical Leave Credit
By Samantha Souza, David Fuller & Judith Wethall on
The IRS released guidance in April on the new credit for paid family and medical leave. In FAQ form, this guidance helps employers gauge whether their current policies are sufficient, or whether implementation of conforming paid leave policies may be necessary.
Federal Appellate Court Finds That Title VII Bans Gender Identity Discrimination
By Todd Solomon, Brian Mead & Rick Stepanovic on
Posted in Employment
The US Court of Appeals for the Sixth Circuit ruled on March 7, 2018, that workplace discrimination on the basis of gender identity and gender expression violates Title VII of the Civil Rights Act of 1964. The language of Title VII does not expressly prohibit discrimination on the basis of gender identity. However, the US EEOC has taken a broad approach to enforcing Title VII’s prohibition on sex discrimination, arguing that it includes both gender identity and sexual orientation.
IRS Announces Limits for Health Savings Accounts and High-Deductible Health Plans for 2019
On May 10, 2018, the IRS announced cost-of-living adjustments to the applicable dollar limits for health savings accounts and high-deductible health plans for 2019. Many of the limits will change for 2019.
Navigating the Challenges of Cross-Border M&A Transactions
Last month, Alexander Lee and Maureen O’Brien joined with Rob Wellner from Velocity Global to discuss the tax and employee benefits complications that arise in cross-border transactions. Key points discussed:
- Complex tax structures must be considered and understood
- Transfers of employment may be governed by different statutes in each affected jurisdiction
- Purchasers may not be ready to provide employment, payroll and benefits on the closing date without significant pre-closing work
San Francisco Health Care Security Ordinance Annual Reporting Due April 30
By Judith Wethall on
Posted in Employment, Health and Welfare Plans
If an employer has employees in San Francisco and is subject to the Health Care Security Ordinance (HCSO), the employer must submit its 2017 Annual Reporting Form by April 30, 2018. Failure to timely submit a report could expose employers to penalties of up to $500 per quarter. To begin, obtain your company’s San Francisco business identification number and submit your report online here.
If you are not sure whether you are subject to the San Francisco’s HCSO, reach out to the author or your regular McDermott attorney.
Increase in UK Employment Protection Awards
By Katie Clark, Paul McGrath & Carlene Nicol on
Posted in Employment
The compensation limits on Employment Tribunal awards and certain other amounts payable under UK employment legislation will increase as of 6 April 2018.
This alert sets out the changes in full and highlights important consequences for employers.
The Forgotten “T” in LGBT Diversity: Best Practices for Creating a Transgender-Inclusive Workplace
By Todd Solomon on
Posted in Employment
Todd Solomon urged employers to “get past” a reluctance to deal with transgender employee concerns and “press the issue in order to create a comfortable and inclusive environment” in the workplace. “Support for LGBT employees must come from the top down in order to be effective, and it has to be evidenced by concrete actions in addition to mere words,” Mr. Solomon stated.
Originally published in The SHRM Blog (Society for Human Resource Management), March 26, 2018.