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Employer Law Blog

We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.

Employer Law Blog
January 16, 2018

EMPLOYER BEWARE: New Tax Bill Requires Full Disclosure of Sex Harassment Settlements or… Lose the Business Expense Deduction

In the Tax Cuts & Jobs Act, congress in its infinite wisdom, determined to publically shame or, alternatively, financially burden companies that settle claims of sex harassment. Under the new law, taxpayers will not be allowed to take a business deduction: For any settlement or payment related to sexual harassment or sexual abuse claims if the settlement or payment is subject to a nondisclosure/confidentiality agreement; For any attorney fees related to such a settlement or payment subject to a nondisclosure/confidentiality agreement.

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