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McDermott Launches German Employment Law Blog

Focused on companies doing business in Germany, we are please to share McDermott has launched, The McDermott Blog ArbeitsRecht* (McDermott Employment Law Blog).  The blog provides insights and important updates on individual as well as collective German labor law issues.  It gives practical advice on how to deal with works councils and updates on legislative and court developments with regard to review of clauses in employment contracts, bonus and company car arrangements, rights and obligations of works councils and unions, specially protected employees, part time and fixed term employment, non-compete obligations, anti-discrimination and employee’s protection against dismissal. 

Visitors can follow this blog at https://www.mwe-blogar.de/.  *Please note all content is in German.




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IRS Guidance Favorably Modifies Voluntary Worker Classification Settlement Program

by Diane M. Morgenthaler, Ruth Wimer and David Diaz

One year ago the Internal Revenue Service (IRS) published Announcement 2011-64, which provided a Voluntary Classification Settlement Program (VCSP) for employers to treat their workers as common law employees rather than independent contractors only on a prospective basis.  Now the IRS has issued two new announcements that favorably modify and expand the VCSP.  Because certain favorable tax relief is available only for applications filed before June 30, 2013, employers should review quickly their worker classification issues in light of this new guidance.

To read the full article, click here.




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Workplace E-mail Monitoring in Germany

by Volker Teigelkötter and  Bettina Holzberger

In 2009, the German public was shaken by several scandals that revealed a number of international companies systematically, continuously and comprehensively monitored their employees’ personal data.  This included spying on employees’ private bank accounts and secretly observing employees in their offices via hidden video surveillance.

Even though the general Federal Data Protection Act (the BDSG) was effective at the time, the German Government came to the welcome conclusion that it was necessary to implement a data protection act dedicated to the particularly sensitive relationship between employers and employees, with the primary objective of protecting employees and their right to privacy.

To read the full article, click here.

 




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UK Employment Alert: European Court of Human Rights Finds That Greater Protections Are Required For The Political Beliefs Of UK Employees

by Katie Clark and Paul McGrath

The European Court of Human Rights (ECtHR), in Redfearn v United Kingdom [2012] ECHR 1878, has held that employment law in the United Kingdom does not adequately protect individuals from dismissal as a result of their political beliefs or affiliations.  The UK has been given two options to address this failing.

To read the full article, click here.




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Employers Can Provide Tax-Free Disaster Assistance to Employees

by Jonathan J. Boyles, Robert C. Louthian, III and Ruth Wimer

Section 139 of the Internal Revenue Code (Code) allows an employer to provide tax-free disaster relief to its employees, and the employer may take a tax deduction for these payments, if the payments constitute qualified disaster relief payments.  Given the benefits of tax-free status for qualified disaster relief payments, employers that choose to provide such payments should consider adopting an administrative system that validates such payments meet Code Section 139 requirements.

To read the full article, click here.




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Seminar Reminder – Myths and Misconceptions Dispelled

Thursday, October 4, 2012
8:45 a.m.: Registration and breakfast 
9.00 – 10.30 a.m.: Employment Seminar

McDermott Will & Emery UK LLP
Heron Tower
110 Bishopsgate
London EC2N 4AY
View map

To register to join the seminar, please click here.

We are pleased to invite you to attend the London Employment Group’s third breakfast seminar of 2012, at which we will consider and dispel some commonly held myths and misconceptions about UK employment law.

If you would like to attend this seminar, please click on the link above or if you have any queries, please email rsvptomcdermott@mwe.com.




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Quality Stores Decision Could Lead to Significant Refunds of FICA Tax

by Ira B. Mirsky, David E. Rogers and Ruth Wimer

The U.S. Court of Appeals for the Sixth Circuit recently held that certain dismissal payments were Supplemental Unemployment Compensation Benefits (SUB) exempt from FICA taxes—a clear split with the U.S. Court of Appeals for the Federal Circuit’s decision in line with an Internal Revenue Service (IRS) Revenue Ruling that significantly narrowed the criteria for determining whether certain separation payments qualify as SUB pay.  For employers that have made significant reductions in force payments in open years, the Quality Stores decision could lead to significant refunds of FICA tax.

To read the full article, click here.




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December 31 Deadline to Update Severance, Employment and Change in Control Agreements

by Jonathan J. Boyles

Agreements that require a release or other signed document from an employee before payment should be reviewed to ensure compliance with Code Section 409A guidance.  Transition relief ends on December 31, 2012, and the penalties for noncompliance can be harsh.  Employers that conducted a fulsome Code Section 409A review in 2007 and 2008 should ensure their arrangements are in compliance with new guidance.

To read the full article, click here.




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