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Settling Employment Claims: Keeping More

Tax strategies for employment settlements: reducing wage characterization, maximizing deductions, and solving the plaintiff double tax problem.

2025-11-07 14:00:00

Program Details

2025-11-07 14:00:00

2025-11-07 14:00:00

1h CLE Credits

Program Details

2025-11-07 14:00:00

Program Details

2025-11-07 14:00:00

Over 1,000+ webinars

2025-11-07 14:00:00

Course Overview

Maximizing Plaintiff Recovery Through Tax Strategy

2025-11-07 14:00:00

Participants will learn settlement language techniques, allocation strategies, and solutions for the plaintiff double tax problem to minimize tax liabilities on employment and discrimination settlements.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
Settlement Language
Settlement agreement language is the primary evidence courts examine for tax treatment.
02
Tax Allocations
Without allocations, the IRS may treat the entire settlement amount as taxable.
03
Wage Reduction
Allocating to legal fees, emotional distress, and reimbursements reduces employment tax.
04
Double Tax
The plaintiff double tax problem is now permanent after recent legislation.
05
Settlement Funds
Qualified settlement funds let defendants exit while preserving plaintiff tax planning flexibility.
06
Structured Settlements
Structured settlements provide tax-free investment returns in physical injury cases.

Program schedule

clock 2:00 pm - 2:15 pm EST

Understanding Settlement Value and Tax Reduction Approaches

This session explores the true value of settlements beyond gross recovery, examining how taxes, liens, and fees affect plaintiff outcomes. Participants will learn three primary tax reduction approaches: exemptions, deductions, and deferral through structured settlements.

Jeremy Babener.Jeremy Babener.
clock 2:15 pm - 2:30 pm EST

Crafting Settlement Language for Optimal Tax Treatment

This session covers how settlement agreement language serves as primary evidence for tax treatment and can shift the burden of proof to the IRS. Attendees will learn specific allocation techniques and recommended language structures to protect tax-preferred treatment.

Jeremy Babener.Jeremy Babener.
clock 2:30 pm - 2:45 pm EST

Addressing Defendant Objections and Allocation Strategies

This session tackles common defendant objections to tax allocations and debunks myths like the ‘50% rule’ for wage characterization. Participants will learn strategies for allocating away from wages and reducing both employment and income tax exposure.

Jeremy Babener.Jeremy Babener.
clock 2:45 pm - 3:00 pm EST

Solving the Plaintiff Double Tax Problem

This session addresses the permanent elimination of miscellaneous itemized deductions and its devastating impact on plaintiff recoveries in taxable cases. Attendees will explore trust-based solutions, qualified settlement funds, and when the legal fee deduction remains available for discrimination cases.

Jeremy Babener.Jeremy Babener.
Jeremy Babener.

Jeremy Babener.

Structured Consulting

Jeremy Babener.

Jeremy Babener.

Structured Consulting

Jeremy advises plaintiffs and plaintiff lawyers on tax strategies at settlement, leveraging experience from the U.S. Treasury’s Office of Tax Policy.

Professional Involvement

Serves on the legal committees of the three national settlement planning associations.

Experience

Previously served in the U.S. Treasury's Office of Tax Policy; currently advises plaintiffs and plaintiff lawyers on tax strategies at settlement.
Jeremy Babener.

Jeremy Babener.

Structured Consulting

Jeremy advises plaintiffs and plaintiff lawyers on tax strategies at settlement, leveraging experience from the U.S. Treasury’s Office of Tax Policy.

Professional Involvement

Serves on the legal committees of the three national settlement planning associations.

Experience

Previously served in the U.S. Treasury's Office of Tax Policy; currently advises plaintiffs and plaintiff lawyers on tax strategies at settlement.

Credits by state

AK1.0
AL1.0
AR1.0
AZ1.0
CA1.0
CO1.0
CT1.0
DC
DE1.0
FL1.0
GA1.0
HI1.0
IA1.0
ID1.0
IL1.0
IN1.0
KS1.0
KY1.0
LA1.0
MA1.0
MD1.0
ME1.0
MI1.0
MN1.0
MO1.2
MS1.0
MT1.0
NC1.0
ND1.0
NE1.0
NH60.0
NJ1.0
NM1.0
NV1.0
NY1.0
OH1.0
OK1.0
OR1.0
PA1.0
RI1.0
SC1.0
SD1.0
TN1.0
TX1.0
UT1.0
VA1.0
VT1.0
WA1.0
WI1.0
WV1.2
WY1.0

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MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Approved
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs