Canada: Administrative Suspension: Paid Or Unpaid?

For a long time, there hasn’t been any debate about an employer’s right to use temporary suspension without pay as a disciplinary measure. There have been many decisions dealing with administrative suspension, however. The question continues to be relevant: can an employer who, to protect his business’s interests, administratively suspends an employee accused of a crime until there is a verdict, avoid the obligation to pay the employee’s salary if the employee remains available […]

By | February 17th, 2015 ||

United States: You're Sick Of Being Warned About Section 409A, But Do You Know About Section 457A?

Most employment lawyers are at least somewhat familiar with the US tax rules on deferred compensation under Section 409A of the US Internal Revenue Code (Section 409A). Many fewer understand the additional rules under Section 457A of the US Internal Revenue Code (the 457A Rules). Those rules apply in addition to Section 409A rules, and they effectively preclude more than a 12-month deferral of vested compensation for many persons subject to US tax who […]

By | February 16th, 2015 ||

United States: OFCCP Proposed Rules Could Have Dramatic Effect On Federal Contractors

On January 30, 2015, the Office of Federal Contract Compliance Programs (“OFCCP”) published a Notice of Proposed Rule Making (“NPRM”) that seeks to update its Sex Discrimination Guidelines (“Guidelines”) to mirror the law developed through legislation and court decisions since the last major overhaul in 1970. Federal contractors will find that most of the material in the NPRM is non-controversial and matches legal requirements they already face. However, if the revised Guidelines become effective, […]

By | February 16th, 2015 ||