Tag Archives: Settlement Agreements

No Tax Deduction for Sexual Harassment Settlements Subject to Confidentiality Provision

Congress recently passed the 2017 Tax Cuts & Jobs Act which includes Internal Revenue Code §162(q). Specifically, § 162(q) provides: No deduction is allowed for any settlement or payment related to sexual harassment or sexual abuse if the settlement or payment is subject to a nondisclosure agreement. No deduction is permissible for attorneys’ fees related … Continue Reading

“No Re-Hire” Clauses May Be Unlawful Restraints of Trade

When settling employment disputes, employers and employees often seek to go their separate ways and avoid crossing paths in the future.  Settlement agreements often include a “No Re-Hire” clause in which employees agree they will not be eligible for re-hire; however, what happens when a former employee challenges the “no re-hire” clause as an unlawful … Continue Reading

California Court Rules On Protections Against Contracts: Why You Should Review Your Form Agreements Today

A divided Ninth Circuit court ruled this week that California’s protections against contracts restraining employment were not explicitly limited to non-compete agreements.  Rather, the law can apply to any type of employment agreement, including settlement agreements. In Donald Golden v. California Emergency Physicians Medical Group et al., case number 12-16514, the employer and employee entered … Continue Reading
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