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Reconciling Executive Order Regarding Social Security Withholding with IRS Guidance

As previously reported on, President Trump has issued an Executive Order requiring employers to “make available” to employees the option to defer the employee portion of Social Security taxes from September 1, 2020 through December 31, 2020. The deferral is only available to employees who are paid less than $4,000 bi-weekly. The Guidance issued by the Internal Revenue Service addresses repayment of the deferred withholdings, but does not address whether an employer is required to comply with an employee request to stop the withholding.
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NLRB Issues Decisions regarding Social Media and Non-Disparagement Rules

Employee social media expression can damage an organization’s brand and violate its social media and non-disparagement rules. Discipline for social media expression can run afoul of the National Labor Relations Act (NLRA). The National Labor Relations Board (NLRB) recently clarified the types of employee social media activity employers may regulate, giving employers more latitude to discipline employees for social media conduct that violates employer rules and threatens the employer’s reputation. In short, employers still need to carefully review social media policies to make sure they protect the company’s reputation with customers and/or the general public without impermissibly limiting employees’ rights to discuss working conditions among themselves.
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U.S. Supreme Court to Hear ACA cases in November

The United States Supreme Court has granted the House of Representatives’ request to expand the time allotted on November 10 for oral argument in the consolidated Patient Protection and Affordable Care Act (ACA) cases that will determine whether the statute stands in the aftermath of the 2017 Tax Cuts and Jobs Act, which amended the ACA to zero out the shared responsibility payment. TheCourt expandedthe previously allotted one hour to 40 minutes for each side. The adjusted time allotment gives 30 minutes to California (and other states that support the ACA); 10 minutes to the House of Representatives (which supports the ACA); 20 minutes for the Solicitor General (who the ACA struck down); and 20 minutes for Texas (and other states that want the ACA struck down). Two private citizens and 18 Republican-controlled states filed suit against the United States to have the ACA declared unconstitutional on the ground that the shared responsibility payment was no longer a tax because it was set at $0.

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"Thanks, Brenda. I appreciate all of the help and hard work you put into our handbook. It was a pretty hefty task, and you did a great job. Thanks again."

– Tony Vermaas — Sobie Company, Inc.

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