United States: Employers Beware: Increased Attention To Workplace Harassment And Wellness Programs By The EEOC Coming In The New Year

Newly appointed U.S. Equal Employment Opportunity Commission (EEOC) Chair Jenny Yang recently offered some insight into the EEOC’s areas of focus for 2015, providing employers with a preview of some of the key regulatory and enforcement actions on the horizon. Two primary issues have emerged: workplace harassment and wellness programs.
Workplace Harassment
Workplace harassment is a common theme in discrimination complaints filed with the EEOC, showing up in approximately 30 percent of all complaints. Employers should […]

By | February 4th, 2015 ||

United States: District Court Rules On Special Timing Rule For FICA Tax Withholding On Deferred Compensation

In Davidson v. Henkel, No. 12-cv-14104 (E.D. Mich. 2015), a federal district court ruled that an employer violated the terms of its nonqualified deferred compensation plan by failing to withhold Federal Insurance Contribution Act (FICA) taxes using the “special timing rule.” As a result, the employer was liable to the plan participants for the additional FICA taxes owed on the deferred compensation.

There are two timing rules for determining when compensation is included as wages […]

By | February 3rd, 2015 ||

United States: New FCRA Lawsuit Demonstrates Growing Trend Of Consumers Challenging Employer Disclosure Forms

A new putative class action lodged in California federal court against Paramount Pictures Corporation made it the latest employer to be accused of violating the Fair Credit Reporting Act by obtaining credit reports from current and prospective employees without adequate disclosure of their rights under the FCRA. The lawsuit alleges that the company has a standardized practice of obtaining consumer reports for employment purposes, but that its disclosure form is not “in a document […]

By | February 3rd, 2015 ||