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?

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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.

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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.

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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

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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.

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.

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Originally published in The SHRM Blog (Society for Human Resource Management), March 26, 2018.