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    Sixth Circuit Court of Appeals holds certain severance payments are not subject to FICA tax
    2012-09-19

    On September 7, the Sixth Circuit Court of Appeals issued a decision (United States v. Quality Stores, Inc.) holding that certain severance payments are not "wages" subject to Federal Insurance Contributions Act (FICA) tax, and upheld a bankruptcy court’s decision ordering a full refund of more than $1 million of FICA taxes paid by an employer with respect to severance payments it made to employees whose positions were eliminated in connection with the bankruptcy.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Insurance, Litigation, Tax, Bass Berry & Sims PLC, Wage, Federal Insurance Contributions Act tax, Severance package, Sixth Circuit
    Location:
    USA
    Firm:
    Bass Berry & Sims PLC
    Sixth Circuit holds that supplemental unemployment compensation benefits are not ‘wages’ subject to FICA taxation
    2012-09-10

    In an important recent decision, United States v. Quality Stores, Inc., et al.,1 in which Pepper represented the prevailing party, the U.S. Court of Appeals for the Sixth Circuit held that supplemental unemployment compensation benefits (SUB payments) paid by a bankrupt company to its former employees were not wages subject to taxation under the Federal Insurance Contributions Act (FICA).

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Tax, Troutman Pepper, Wage, Unemployment benefits, Federal Insurance Contributions Act tax, Severance package, Internal Revenue Service (USA), Sixth Circuit
    Authors:
    Robert S. Hertzberg , Michael H. Reed , Lisa B. Petkun
    Location:
    USA
    Firm:
    Troutman Pepper
    Are insurance adjusters eligible for overtime pay to be decided by California Supreme Court
    2011-10-17

    On October 3, 2011, the California Supreme Court heard argument in Francis Harris et al v. Superior Court, Case No. S156555. The issue here is whether insurance adjusters should be eligible for overtime pay under California’s wage and hour laws.

    Filed under:
    USA, California, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Hinshaw & Culbertson LLP, Tax exemption, Wage, Dissenting opinion, US Federal Government, Liberty Mutual, California Supreme Court, California courts of appeal
    Authors:
    Michael Newman
    Location:
    USA
    Firm:
    Hinshaw & Culbertson LLP
    Employee rights after liquidation: FT Q&A
    2011-08-27

    I am a director and employee of a small media company which has now been put into liquidation by the chief executive due to mounting debts.  The company is due to close any time soon, which means I will then be unemployed.  What rights, if any, do I have as an employee and is there any scope for compensation.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Faegre Baker Daniels LLP, Wage, Unsecured debt, Employment tribunal, National Insurance, Debt, Liability (financial accounting), Liquidation, Unfair dismissal, Liquidator (law), Chief executive officer
    Authors:
    Victoria Pengelly
    Location:
    USA
    Firm:
    Faegre Baker Daniels LLP
    Evergreen Solar files bankruptcy in Delaware
    2011-08-22

    On August 15, 2011, Evergreen Solar ("Evergreen"), filed chapter 11 petitions for Bankruptcy in the United States Bankruptcy Court for the District of Delaware.  According to the Declaration of Evergreen's CEO, Michael El-Hillow (the "Declaration" or "Decl."), filed in support of its bankruptcy petitions, Evergreen incorporated in Delaware in 1994 and manufactures "multi-cystalline silicon wafers."  The company uses its silicon wafers in the production of photovoltaic solar cells, which in turn are installed in solar panels under the Evergreen trade name.  Decl. at 3.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Wage, Solar energy, Bankruptcy, Limited liability partnership, Subsidy, Delaware General Corporation Law, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Whose money is it? Supreme Court rules for debtor in dispute over postpetition wages
    2015-05-28

    When an individual contemplates filing for bankruptcy protection, he or she has a few options. One is to file a Chapter 7 case, and another is to file a Chapter 13 case. In a Chapter 7, all of a debtor’s non-exempt assets are transferred to a bankruptcy estate to be liquidated and distributed to creditors. In a Chapter 13, the debtor retains assets and makes payments to creditors according to a court-approved plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Foster Swift Collins & Smith PC, Wage, Debtor, Supreme Court of the United States, Fifth Circuit
    Authors:
    Patricia J. Scott
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    WARN Act class action status sought in Aegis Mortgage Company bankruptcy
    2007-09-07

    One week after Aegis Mortgage Corp. filed for chapter 11 in Delaware, a group of former employees filed their complaint seeking class certification over allegations that Aegis Mortgage Corporation, Aegis Wholesale Corporation and Cerberus Capital Management, L.P.—all allegedly acting as their employer—violated the Worker Adjustment and Retraining Notification (WARN) Act when they failed to give over 400 employees 60 days' notice prior to a mass termination by Aegis Mortgage on August 7, 2007.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Wage, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Debtor, Unsecured debt, Class action, Mortgage loan, Debtor in possession, Worker Adjustment and Retraining Notification Act 1988 (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    When laws collide: U.S. Attorney’s Office addresses tax consequences of paying wages to a bankruptcy trustee
    2008-11-14

    The Friday, October 10, 2008, edition of The State newspaper (Columbia, South Carolina) carried an article about the possible Wells Fargo-Wachovia merger. The article stated the merger could cause “major job cuts.” In an economic downturn such as the current one, employees are going to suffer job losses. Any employment attorney will tell you that will result in more employment-related lawsuits being filed by former employees against their former employers. Any bankruptcy attorney will tell you that will result in increased bankruptcy filings.

    Filed under:
    USA, Alabama, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Ogletree Deakins, Wage, Bankruptcy, Interest, Income tax, Withholding tax, Federal Insurance Contributions Act tax, Form 1099, Internal Revenue Service (USA), Wells Fargo, Internal Revenue Code (USA), Certified Public Accountant
    Location:
    USA
    Firm:
    Ogletree Deakins
    Delaware Bankruptcy Court refuses to grant administrative claim status to employee WARN Act claims
    2008-12-31

    In Henderson v. Powermate Holding Corp. (In re Powermate Holding Corp.)1, the United States Bankruptcy Court for the District of Delaware became the second bankruptcy court to address the status of WARN Act claims after the 2005 amendments to section 503 of the Bankruptcy Code.

    Filed under:
    USA, Delaware, Employment & Labor, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Wage, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Debtor, US Code, Title 11 of the US Code, Worker Adjustment and Retraining Notification Act 1988 (USA), United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Ford announces debt restructuring initiatives
    2009-03-06

    On Wednesday, Ford Motor Co.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Wage, Credit (finance), Interest, Beneficiary, Debt, Adoption, Bail, Debt restructuring, Ford Motor Company, United Automobile Workers, General Motors, Chrysler, Chief executive officer
    Authors:
    Tara Castillo
    Location:
    USA
    Firm:
    Alston & Bird LLP

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