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McDermott Will & Emery logo
McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. With 20 locations on three…
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McDermott Will & Emery | USA | 16 Jun 2021

Return to work: remote work considerations

As COVID-19 vaccines continue to be rolled out, many employers that shifted to remote work environments at the onset of the pandemic still have employees working from home. While some employers intend to transition back to the regular workplace once the environment improves, many intend to maintain a remote workforce for the longer term. However, remote work arrangements create a number of......
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McDermott Will & Emery | USA | 9 Jun 2021

COVID-19 vaccine – Q&A

This article answers employers' questions on the COVID-19 vaccine, including with regard to mandatory and voluntary vaccination policies, requests for remote working, the individualised enquiry framework, anti-vaccination advocacy, Health Insurance Portability and Accountability Act privacy, religious exemption requests and workers' compensation claims.
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McDermott Will & Emery | USA | 2 Jun 2021

Reverse discrimination risks to consider in managing ESG aspirations

Environmental, social and corporate governance (ESG) efforts are important but create unique risks for multinationals with US operations due to the risk of reverse discrimination litigation under US law. This is because US employment discrimination laws swing both ways. For example, the prohibition against sex discrimination protects men as well as women. This means that ESG efforts involving......
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McDermott Will & Emery | USA | 26 May 2021

COVID-19 vaccine: what can employers require?

Employers that implement a mandatory vaccination programme should pay close attention to their responsibilities under Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Genetic Information Non-discrimination Act, Occupational Safety and Health Administration guidelines and the Employee Retirement Income Security Act, as many of the traditional applications of those......
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McDermott Will & Emery | USA | 19 May 2021

How should employers prepare for New York's most stringent workplace safety law?

New York Governor Andrew Cuomo recently signed into law the New York Health and Essential Rights (HERO) Act, which imposes stringent new workplace safety requirements on all employers in New York. The HERO Act requires the New York commissioners of labour and health to create a model airborne infectious disease exposure prevention standard for all employers across the state, differentiated by......
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McDermott Will & Emery | 2 Apr 2021

IRS issues practice unit on Section 965 transition tax

One of the most pressing audit issues for large taxpayers today centres on the Internal Revenue Code Section 965 transition tax. The Internal Revenue Service has designated Section 965 as a campaign issue and is actively auditing taxpayers' transition tax calculations and positions, along with other tax reform items. The stakes are high, particularly given the potential to pay this tax over......
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McDermott Will & Emery | USA | 17 Mar 2021

COVID-19 vaccine Q&A for employers

With the COVID-19 vaccination process underway, employers are navigating unprecedented issues within their workforce. This article explores the most pressing questions that employers are asking – including whether employers can (and should) mandate vaccination – as well as other novel workplace challenges stemming from the roll-out of a COVID-19 vaccine.
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McDermott Will & Emery | USA | 10 Mar 2021

Mandatory COVID-19 vaccination programmes

With the COVID-19 vaccination process underway, employers are navigating unprecedented issues within their workforce. This article explores employers' obligations when implementing mandatory vaccination programmes, issues concerning employee data that is provided as proof of vaccination or pre-vaccination screening and defining 'reasonable accommodation' and potential Americans with......
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McDermott Will & Emery | 19 Feb 2021

Exxon prevails in $200 million tax penalty case

The US District Court for the Northern District of Texas recently ruled in favour of Exxon Mobil Corporation in its battle against the government over tax penalties. Exxon had filed amended returns for its 2006 to 2009 tax years seeking a $1.35 billion tax refund based on a change of character of certain transactions. The government disallowed the refund claims and imposed a $200 million......
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McDermott Will & Emery | USA | 13 Jan 2021

COVID-19 vaccine FAQs for employers

Employers can implement a mandatory COVID-19 vaccination policy, subject to some conditions and exceptions. There are a number of factors that employers should consider when determining whether to make a COVID-19 vaccine mandatory or voluntary, including the administrative burden, legal exposure and public relations issues. This article answers employers' key questions on the matter.
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