Sooner or later, your facility will be the subject of an inspection by the Occupational Safety and Health Administration (“OSHA”). OSHA usually does not provide any advance notice of these inspections (which always seem to occur at the “wrong” time). Nevertheless, how facility representatives handle themselves can directly influence the…
Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events
Historically Low Interest Rates Create Attractive Estate Planning Opportunities
Today’s low interest rate environment, coupled with generous gift and estate tax exemptions, has made this an ideal time to effectively transfer wealth to heirs. Under the Internal Revenue Code (the “Code”), Section 7520, the Internal Revenue Service (the “IRS”) uses a rate based on 120 percent of the Midterm…
DOL’s New Guidebook May Trigger More FMLA Claims
Employment Law Newsletter On June 27, 2012, the Untied States Department of Labor (DOL) issued a new 16-page guide book entitled “NEED TIME? The Employee’s Guide to the Family and Medical Leave Act.” The guide book provides a “simple overview” of the leave benefits accorded to employees under the FMLA.…
New and More Restrictive EEOC Enforcement Guidelines on Criminal Background Checks
Employment Law Newsletter Many employers use criminal background checks to “weed out” individuals who engage in activities that pose significant risks to the workplace. This past April the United States Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions…
New NLRB Report Stymies Employers’ Efforts to Reign in Employee Social Networking Activities
The prevalence of social media in today’s workplace is undisputed. With the lack of discretion often displayed on social media sites such as Facebook, it is no wonder employers seek to control inappropriate employee communications and the unauthorized dissemination of confidential employer information through policies restricting employee social networking activities.…
The NLRB Speaks Again: Routine Confidentiality Requirements for Internal Investigations Take a Back Seat to Employees’ Section 7 Rights
Internal investigations by employers into allegations of unlawful harassment, theft or other workplace misconduct are commonplace in today’s work environment. In an effort to protect the complainant, the accused and the witnesses – not to mention the fundamental integrity of the investigation – employers typically warn those participating in the…
Protecting Social Security Retirement Benefits from Creditors In One Easy Step
By: Eric Levine In this turbulent economy, many people are finding it difficult to make ends meet. With income being stretched to the limit, some people are sometimes unable to pay bills on time or in full. When this happens, creditors are frequently pursuing payment by hiring debt collectors to…
NJ Legislature Proposes Minimum Wage Hike
Employment Law Newsletter For the first time in three years, proposed legislation being championed by Senate and Assembly Democrats would raise the minimum wage from $7.25 to $8.50. The bill was introduced despite the December recommendation from the Minimum Wage Advisory Commission that the rate remain unchanged for 2012. Should…
Attention Home Health Care Agencies: Your Domestic Caretakers May Soon Be Accorded Wage and Hour Protections of the FLSA
Employment Law Newsletter Although many domestic workers are covered by the Fair Labor Standard Act’s (FLSA) minimum wage and overtime requirements, there presently exists an exemption from these requirements for home health care workers providing “companionship services for individuals who are unable to care for themselves.” In 2007, the United…
Just the Facts, Ma’am: DOL Issues Fact Sheets Advising Employees of Legal Rights
Employment Law Newsletter The U.S. Department of Labor (DOL) recently issued two Fact Sheets to provide general information about employee rights under the Fair Labor Standards Act and the Family Medical Leave Act. Fact Sheet #73: Break time for Nursing Mothers under the FLSA: This Fact Sheet provides information about…