Employment Law Questions? Ask an Employment Lawyer.
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The answer to this question is handled in the same manner that the Department of Labor considers the requirement to purchase any equipment for an employer. Because you are free to leave the employment any time you wish, under the concept of "at will" employment, if you do not agree with the arrangement you can seek employment elsewhere.
I know that is a very cold legal response to this issue, but courts have repeatedly upheld this point. You can deduct any expense that you have against your tax burden, as a loss, to help financially offset the cost.
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Well, the President certainly has not changed the law on this issue, but he also wasn't the person that signed the law.
This has been the state of the law for decades and decades, each President (and more importantly, each Congress) not changing the manner in which employers are regulated.
I wish I could tell you differently here, but the law ties my hands. If you have further questions, please let me know.
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