Taking note of the #MeToo movement, Congress included a new provision in the tax code overhaul bill — Section 13307 – which is titled “Denial of Deduction for Settlements Subject to Nondisclosure Agreements Paid in Connection with Sexual Harassment or Sexual Abuse.” While the title of the section makes its purpose clear, the provision raises more questions than it answers.

Continue Reading #MeToo Settlements and the Tax Code Overhaul: An Attempt to Limit Confidentiality?

This past week, the D.C. Circuit Court of Appeals issued an important decision addressing two on-the-bubble workplace confidentiality policies – one which made the cut, while the other one made its way over to the legal equivalent of the NIT.  The decision explored the boundaries of workplace directives related to the discussion of salary and employee discipline information and non-disclosure in investigations.

Continue Reading March Vastness: Blanket Policies on Employee Salary and Discipline Disclosures Unlawful, Says D.C. Circuit Court