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Employers Be Forewarned and Forearmed: Recent IRS Announcements Require Action on ERTC Claims

Asserting that many employers have improperly claimed Employee Retention Tax Credit (ERTC) refunds, the Internal Revenue Service (IRS) released two new announcements that address ERTC claims. Following these new IRS announcements, most employers should consult their legal and tax advisors and consider filing protective refund claims to preserve their employment and income tax positions and to defend against potential IRS penalties and interest.

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Employer Due Diligence Lessons from UK Share Scheme Case

The recent decision in Ponticelli Limited v Gallagher provides a salient reminder that the right to participate in a share incentive plan can transfer to a new employer under the Transfer of Undertakings (Protection of Employment) Regulations. The right applies even if the employee’s right to participate in the plan arose outside of the contract of employment. The employee will be treated as a leaver under their old employer/transferor’s scheme, and the transferee employer must then provide a scheme of substantial equivalence for the employee to participate in post-transfer.

While this is a Scottish case, the decision is binding on the employment tribunals throughout the UK.

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Managing Your Workforce During Market Volatility: RIFs

Market volatility and other business disruptions can force employers to make difficult personnel decisions around reductions in force (RIFs). These may include reducing employee headcount, eliminating entire departments, hiring independent consultants or implementing hiring freezes to ease potential financial burden.

During this webinar in our series exploring best practices for workforce management in volatile markets, Pankit DoshiLisa Loesel and Saniya Ahmed offered strategies to follow when making restructuring decisions.

Access the recording and top takeaways.




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DOL Wage Rule for Immigrants and H-1B Visa Holders Could Be History

The Biden administration may eliminate a US Department of Labor rule that would have modified how the US government sets prevailing wages for H-1B professionals and employment-based green card applicants, according to this Forbes article. The Trump administration originally sought to use the wage rule to make it more challenging for foreign-born scientists and engineers to seek employment.

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New York Legislature Passes Noncompete Ban and Awaits Governor’s Signature

The New York State Legislature recently passed a bill that will prohibit employers from entering covenants not to compete with their employees and contractors. The bill specifically exempts nondisclosure and client nonsolicitation agreements, but it is silent on employee nonsolicitation agreements and sale of business restrictions.

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