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Kevin McKernan Kevin McKernan

Employer Guidance for New Tax Deductions for Tips and Overtime Pay

New tax deductions for tips and overtime pay create important compliance responsibilities for employers. Learn how the OBBBA’s “No Tax on Tips” and “No Tax on Overtime” provisions affect qualified compensation, employee eligibility, payroll tracking, and reporting requirements. Early preparation can help employers manage implementation, coordinate with payroll providers, and communicate changes effectively.

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Kevin McKernan Kevin McKernan

Essential Employer Recordkeeping Obligations: Overlook at your Own Peril

Employer recordkeeping requirements are essential to workplace compliance. Learn how long businesses must retain records under the FLSA, EEOC, OSHA, Form I-9, and IRS rules. Understanding federal retention periods for payroll, personnel, safety, immigration, and tax documents can help employers prepare for audits, avoid penalties, and reduce unnecessary legal and compliance risks.

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Kevin McKernan Kevin McKernan

Employer Checklist for Mid 2026

Mid-2026 brings important employment law and workplace updates for employers. Review this employer checklist covering independent contractor rules, OSHA programs, NLRB joint-employer developments, H-1B registrations, non-competes, GLP-1 workplace issues, responsible AI use, and industry-specific concerns. New York employers should also monitor state-specific requirements to maintain compliance and reduce legal risk.

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Kevin McKernan Kevin McKernan

Employers Should Audit Their Forms I-9 NOW

Employers should audit Form I-9 records now as immigration enforcement and workplace inspections increase. Incomplete or inaccurate documentation can result in significant penalties. Learn how internal I-9 audits, proper corrections, updated onboarding procedures, HR training, compliant electronic systems, and an ICE response plan can help businesses reduce risk and strengthen employment compliance.

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Kevin McKernan Kevin McKernan

Sexual Harassment - What Does "In the Course of Employment" Mean?

Sexual harassment can occur beyond the traditional workplace. Learn what “in the course of employment” means, when employers may be liable for harassment outside working hours or at off-site events, and how courts evaluate the connection between the conduct and employment. Understanding these standards helps employers strengthen compliance and reduce workplace liability.

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Kevin McKernan Kevin McKernan

When Termination Becomes a Litigation Risk: Using Severance Strategically

When termination creates potential legal exposure, a well-structured severance agreement can help reduce litigation risk. Learn when severance makes strategic sense, how to separate final wages from severance benefits, determine appropriate terms, and manage employee separations in a way that protects your business and minimizes costly employment disputes.

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Kevin McKernan Kevin McKernan

Essential Legal Documents for Hiring Your Workforce

Hiring the right workforce starts with the right legal documents. Learn the essential forms for employees and independent contractors, including offer letters, employment agreements, Form I-9, Form W-4, background check authorizations, contractor agreements, and employee handbooks. Proper documentation helps employers stay compliant, reduce legal risk, and build a strong hiring process.

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Kevin McKernan Kevin McKernan

Employers' Considerations When Employees' Online Content Results in Real-World Discord in the Workplace

Employers must carefully navigate workplace conflicts stemming from employees’ online activity. Learn how free speech protections, the NLRA, social media privacy laws, anti-discrimination rules, and off-duty conduct protections may limit disciplinary actions. Consistent policies, employee training, and coordinated legal, HR, and compliance responses can help reduce risk and avoid costly missteps.

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Kevin McKernan Kevin McKernan

DOL's Paid Program

The U.S. Department of Labor has revived the PAID (Payroll Audit Independent Determination) program, allowing employers to voluntarily self-audit wage, overtime, and leave compliance issues. By identifying and correcting Fair Labor Standards Act and FMLA violations, employers may resolve problems proactively, pay back wages, and reduce the risk of costly litigation and enforcement actions.

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Kevin McKernan Kevin McKernan

Are Employers Liable in Tort for Employees' Sexual Assaults?

Employers may face growing tort liability for employee sexual assaults under the American Law Institute’s new Special Rule on Vicarious Liability. Learn when liability may arise, what “particularly vulnerable” means, which industries face increased exposure, and proactive steps employers can take to reduce risk through screening, oversight, and workplace safety measures.

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Kevin McKernan Kevin McKernan

Being Commission-Based Doesn't Make a Worker an Independent Contractor

Being paid on commission does not automatically make a worker an independent contractor. Courts look at the full relationship, including long-term treatment as an employee, supervision, and access to benefits like health insurance and 401(k). Misclassification risks remain high if the facts support employee status despite flexible work arrangements.

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Kevin McKernan Kevin McKernan

Employers: Beware of Employment Agreement Integration Clauses and Their Impact on Prior Employee Agreements 

Integration clauses in employment agreements can unintentionally override prior employee agreements. Employers should carefully review applications, handbook acknowledgments, and earlier written commitments when drafting new contracts to ensure critical provisions are preserved. Failing to incorporate prior terms may eliminate protections and create legal exposure in future employment disputes or litigation.

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