Labor & Employment

Newly enacted California employment laws have either recently or will in the near future become effective.  Like most employment laws these ones are very easy to comply with, and the risk of non-compliance far outweighs the perceived inconvenience of compliance.  To the extent that these...

For federal income tax purposes, the IRS view is that a partner (or member of an LLC that is taxed as a partnership) cannot be an “employee” for tax purposes and instead must be taxed as a “partner” on their share of the LC’s income.The...

On September 27, 2010 the President signed the Small Business Jobs and Credit Act of 2010 (the “Act”) into law.  The Act provides for more than $40 billion worth of tax benefits aimed to support economic growth among small businesses. In summary, the Act provides...

According to the recent decision in United States v. Quality Stores, Inc., No. 1:09-cv-44 (W.D. Mich. Feb. 23, 2010) ("Quality Stores"), severance payments resulting from an involuntary termination are not subject to taxation under the Federal Insurance Contributions Act ("FICA") because such payments do not constitute "wages."   Prior to Quality...

On March 18, 2010 the President signed the Hiring Incentives to Restore Employment Act of 2010 (“HIRE”) into law.  HIRE provides $13 billion worth of tax incentives to businesses in the form of –(1) Temporary payroll tax relief for employers who hire individuals that have...

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