Age discrimination in employment is prohibited and gives rise to a private cause of action under federal and California law. Under the federal Age Discrimination in Employment Act (“ADEA)”) it is unlawful for any employer to take an adverse action against an employee “because of such individual’s age.” 29 U.S.C. § 623(a). Under the California […]
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Financial whistle-blowing
The Securities Exchange Act of 1934 (as amended by the Dodd Frank Act), 15 U.S. Code §78u-6: Securities whistleblower incentives and protection…(h) Protection of whistleblowers (1) Prohibition against retaliation (A) In general No employer may discharge, demote, suspend, threaten, harass, directly or indirectly, or in any other manner discriminate against, a whistleblower in the terms […]
Washington, DC
1500 K StreetSecond FloorWashington, DC 20004 easleyLAW has a work and meeting location in Washington, DC. The firm is not engaged in the practice of law in the District of Columbia, except as follows: (1) Providing legal services to members of the public solely before a special court, department or agency of the United States; […]
Title VII discrimination
SEC. 2000e-2. [Section 703] (a) Employer practices It shall be an unlawful employment practice for an employer – (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, […]
What are SARs?
Stock Appreciation Rights are a method of compensating employees or independent contractors. A Stock Appreciation Right (SAR) is an arrangement, during a specified period, which the employee has the right to receive the increased value of the employer’s stock by cashing out or exercising the SAR. The employee can only benefit from the appreciation in […]
What is phantom stock?
A Phantom Stock Plan is an arrangement under which deferred amounts are determined by a reference to hypothetical “phantom” shares of the employer’s stock without ever issuing the actual shares to the employee. Depending on the terms of the arrangement, the employee may be entitled to receive only the growth in the value of the […]
WARN Act layoffs
The Worker Adjustment and Retraining Notification (WARN) Act helps ensure advance notice in cases of qualified plant closings and mass layoffs. The U.S. Department of Labor has compliance assistance materials to help workers and employers understand their rights and responsibilities under the provisions of WARN. The Worker Adjustment and Retraining Notification Act (WARN) protects workers, […]
ISO or NSO?
If you receive an option to buy stock as payment for your services, you may have income when you receive the option, when you exercise the option, or when you dispose of the option or stock received when you exercise the option. There are two types of stock options: Options granted under an employee stock […]
Paycheck Protection Program
The Paycheck Protection Program is a loan designed to provide a direct incentive for small businesses to keep their workers on the payroll. SBA will forgive loans if all employees are kept on the payroll for eight weeks and the money is used for payroll, rent, mortgage interest, or utilities. You can apply through any […]
CARES Act Employee Retention
The Employee Retention Credit is a fully refundable tax credit for employers equal to 50 percent of qualified wages (including allocable qualified health plan expenses) that Eligible Employers pay their employees. This Employee Retention Credit applies to qualified wages paid after March 12, 2020, and before January 1, 2021. The maximum amount of qualified wages taken into […]