USA

Enforceability of employer arbitration agreements in the US

Brian Jebb

The United States Supreme Court recently delivered a landmark decision in Epic Systems Corp. v. Lewis that may give employers more comfort when using arbitration agreements to resolve workplace disputes. The Court held that the Federal Arbitration Act (FAA) requires federal courts to enforce arbitration agreements with class and collective action waivers, and also that employees cannot Read More

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US public sector bargaining – union fees no longer mandatory

Brian Jebb

On June 27, 2018, the U.S. Supreme Court handed down an important decision on collective bargaining in the public sector. The decision, Janus v. AFSCME, struck down an Illinois law that required government workers who chose not to join a union to pay “agency fees.” The premise of an agency fee is that even employees Read More

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Rethinking U.S. executive compensation to optimise tax-deductibility

Brian Jebb

    Newly-passed U.S. legislation, the Tax Cuts and Jobs Act, paves the way for major federal tax reforms, among them changes which significantly limit the tax deductibility of certain types of executive compensation under Section 162(m) of the U.S. Internal Revenue Code of 1986. Under Section 162(m), as it applies to pre-2018 tax years, Read More

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Salary history questions may be prohibited in the USA

Brian Jebb

A new law recently enacted in New York City prohibits private and public employers from asking about an applicant’s salary and benefits history during the hiring process. The law, which comes into effect on October 31, 2017, also prohibits prospective employers from contacting the current and former employers of the applicant to ask about his/her Read More

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