In mid-October 2006, the IRS and Treasury published Rev. Proc. 2006-47,
which provides methods to compute W-2 wages (as defined in Section
1.199-2(e)(1) — hereinafter “(e)(1) wages”) and
published temporary regulations which provide m... Read more »
Employees who assign other employees to overall duties, are held
accountable for directing subordinates to undertake specific tasks, and
have the discretion to do so without close direction from management will
be recognized as "supervisors."... Read more »
Whistleblower and retaliation litigation are among the hottest and
fastest-growing areas of employment law. The public policies behind
these statutes are self-evident. Lawmakers recognize that
individuals would be reluctant to oppose miscon... Read more »
Uninsured and underinsured employers who bank on never facing an allegation
of an unlawful employment practice because they have never been embroiled
in such a dispute in the past may be gambling with their... Read more »
Employers often give employees the option of resigning instead of being
discharged and often fail to appreciate the dangers of this approach. The
fact that forcing a resignation is actually the legal equivalent of... Read more »
Many accommodating employers offer their employees the opportunity to
work from home (telecommute) either on a regular or temporary basis. The
flexibility of a telecommuting arrangement can benefit both employers and
employees. However, the practical... Read more »
The U.S. Court of Appeals for the Fifth Circuit recently ruled that
Halliburton Co., breached the terms of a merger agreement with Dresser
Industries Inc. when it made modifications to a health plan for... Read more »
Employers frequently ask departing employees to sign separation agreements
releasing the employer from any and all claims that the departing employee
may have, in return for severance pay or some other form of consideration.
However,... Read more »
Most fraud is ongoing; once it starts it does not stop by itself, and as it
continues, it grows. Very few thefts occur for the first time in large
amounts. However, after the fraudster... Read more »
On November 22, 2006, the Fifth Circuit Court of Appeals decided Fiber
Systems International, Inc. v. Roehrs, ruling that the
Computer Fraud and Abuse Act (“CFAA”) allows an employer to
bring a civil action against... Read more »
