Publications — Page 26 of 50 — Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events

How Social Media Is Changing Insurance Claims

Published on: May 14, 2019 | by Jay Lavroff

In April 2019 Litigation Practice Chairperson Jay Lavroff participated as a panelist on a webinar hosted by AMBest which discussed the ways in which social media is changing insurance claims. In the hour long discussion, Jay addressed issues surrounding social media’s use in litigating insurance claims including how social media data for trial is obtained, issues concerning admissibility in court and how the rules of professional conduct address social media.

You can watch the AMBest webinar here.

Medical Marijuana and Employee Benefit Funds

Published on: May 14, 2019 | by Elizabeth Engert Manzo

In May 2019 Employee Benefits Shareholder Elizabeth Manzo spoke at the International Foundation of Employee Benefits Plans’ Heatlhcare Management Conference on the topic of medical marijuana and how changes in state laws will impact employers and benefit funds.

Kenneth Corbin wrote an overview of Elizabeth’s presentation for Employee Benefit News titled, Will Medical Marijuana Become Part of Your Benefits Mix.

Many health plans might not want to touch marijuana with a 10-foot pole, but it might be time to start thinking differently about including cannabis in the benefit mix.

Loans and Financing for Cannabis Businesses: Everything You Need to Know about the SAFE Banking Act

Published on: April 15, 2019 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

Despite the rapid growth of the cannabis industry, banks have been reluctant to provide financial services to cannabis-related businesses. Banks and other financial institutions fear that providing financial services to those in the cannabis industry could violate federal criminal laws and financial regulations such as “The Bank Secrecy Act” (“BSA”) and the “Money Laundering Control Act” codified under both sections 1956 and 1957 of title 18, of the United States Code.

In an attempt to create protections for banks that wish to provide financial services to cannabis-related legitimate businesses and service providers, the U.S. House of Representatives has each year since 2013 introduced the “Secure and Fair Enforcement Banking Act” (or “SAFE Banking Act”). With a change of control of the U.S. Senate in 2021, this may be the year that the SAFE Banking Act is finally enacted into law.

The SAFE Banking Act would provide a “safe harbor” for banks that provide financial services to legitimate cannabis-related businesses, specifically: (1) prohibiting federal banking regulators from terminating or limiting deposit insurance of the bank; (2) prohibiting or discouraging banks from providing financial services to such a business; (3) recommending, incentivizing, or encouraging a bank to not offer financial services to such a business; or (4) taking adverse or corrective supervisory action on a loan made to a person solely because the person owns such a business or owns real estate or equipment leased or sold to such a business.

Expanded Regulation of Home Health Care Services In New Jersey

Published on: April 11, 2019 | by Stephen A. Timoni

On March 18, 2019, New Jersey Governor Murphy signed and enacted Senate Bill Number 2773 , which clarifies the definitions of Health Care Service Firms and Homemaker-Home Health Aides. The bill was primarily sponsored by Senator Nellie Pou and was unanimously passed by the New Jersey Senate and Assembly. According to Senator Pou, “[t]his bill will ensure that all firms acting as health care agencies for our elderly, including the ones using the Internet to arrange and provide companions or health care services are properly registered. We need to ensure that adequate care is provided with registered and qualified caregivers at all times.” Health Care Service Firms are closely regulated by the New Jersey Division of Consumer Affairs. Part of the regulation provides that these firms are required to provide comprehensive training, supervision and oversight to their caregivers who must be directly employed by the firm. In May 21, 2018 New Jersey passed legislation requiring Health Care Service Firms to become accredited by an accrediting body recognized by the New Jersey Department of Human Services and to submit to an audit conducted by a certified public accountant.

The recently enacted bill revises the previous law to clarify that any firm, company, business, agency or other entity that is not licensed by New Jersey as a Home Health Care Agency or Hospice which employs, places or arranges for the placement of or in any way refers an individual to provide companion, personal or health care services in the personal residence of a person with a disability or who is 60 years old or older, must register with the New Jersey Division of Consumer Affairs as a Health Care Service Firm. The bill further stipulates that the Division of Consumer Affairs is authorized to take enforcement measures upon any person who operates a firm that is subject to this Health Care Service Firm registration requirement, whether the operations include the direct employment of individuals, the use of an Internet website or application, or any other process or business model.

In addition, the bill imposes a penalty of $500 per day, for each day that the person continues to operate a firm without registering as a health care service firm as required.

Quick Change: Chronically Revamped Requirements Keep Health Care Attorneys, Doctors on their Toes

Published on: April 8, 2019 | by Stephen A. Timoni

Stephen A. Timoni is quoted in a recent issue of ROI-NJ. Steve says, “The medical field is very interesting right now. And I think it’s going to get even more interesting as the rapidly changing dynamics of healthcare continue to unfold. Practices have learned that they can no longer promise to waive copays or deductibles under this law, with some exceptions. That’s where it leads to some gray areas: How aggressive do you need to get to collect balances?” he said. We don’t know answer to that. But, certainly, the burden is on out-of-network physicians providing services.”

Often, physician groups find a solution to these complications in just merging in with health systems or other large in-network providers, Timoni said. But, even if that has been the answer for some time now, the industry’s constant reconfiguring means one can never safely predict what will continue to be true going forward.

You can read the full ROI-NJ article here.

Elizabeth Candido Petite Interviewed for Princeton TV’s “Discover a New Future” (part 1 of 2)

Published on: April 3, 2019 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

Elizabeth Candido Petite, a member of Lindabury’s Wills, Trusts & Estates practice group was interviewed by Faith Saunders of Princeton TV for her series; “Discover a New Future.” Elizabeth discusses some common issues concerning wills, trusts, and what happens to one’s property upon death. Among the questions Elizabeth answers are:

Who gets my property if I die and do not have a will?
Who can write a legally binding will?

Elizabeth Candido Petite Interviewed for Princeton TV’s “Discover a New Future” (part 2 of 2)

Published on: April 3, 2019 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

Elizabeth Candido Petite, a member of Lindabury’s Wills, Trusts & Estates practice group was interviewed by Faith Saunders of Princeton TV for her series; “Discover a New Future.” Elizabeth and Faith discuss powers of attorney, advance directives for health care, and the consequences of not planning for incapacity during one’s lifetime. Among the questions Elizabeth answers are:

What is a power of attorney?
Why do I need one?

Murphy Administration Strikes Deal Concerning Proposed Legislation to Legalize Adult-Use Marijuana in New Jersey

Published on: March 22, 2019 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

UPDATE: “The much-anticipated vote, tentatively scheduled for Monday afternoon in both the General Assembly and the state Senate, was called off when it became clear there were not enough votes in the Senate to pass it.” Read full coverage at ROI-NJ.com

Governor Phil Murphy, Senate President Steve Sweeney, Assembly Speaker Craig Coughlin, Senator Scutari, and Assemblywoman Quijano announced last week that they have reached an agreement concerning the legislation to legalize adult-use marijuana in New Jersey.

While the proposed legislation will likely be released in the coming days, this is what we know so far based on pending Senate Bill S2703.

To Be Exempt or Not Exempt…That is the Question

Published on: March 14, 2019 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

When hiring, many employers do not give proper consideration to whether newly hired employees should be classified as “exempt” employees who by law are not entitled to overtime pay for hours worked in excess of 40 hours in any workweek, or “nonexempt” employees who are entitled to overtime pay. A failure to properly apply the legal criteria for employee classification can be a costly oversight for employers.

The federal Fair Labor Standards Act (“FLSA”) mandates that employees be paid on an hourly basis of at least the federal minimum wage, currently $7.25. States and municipalities are free to enact higher minimum wage rates. New Jersey recently passed legislation that will progressively increase the current $8.85 per hour minimum wage to $15.00.

The FLSA further mandates that employees be paid at an overtime rate of not less than 1 ½ times the employee’s regular rate for each hour of work time in excess of 40 hours in any one workweek unless the employee qualifies for one of the exemptions from these overtime requirements set forth in the statute. So how does an employer determine the proper classification of an employee as either nonexempt or exempt? Unfortunately, there are no bright-line rules an employer can rely upon in making these determinations, and the employee’s job responsibilities and the employer’s control over the employee largely dictate the proper classification under the FLSA. However, the statue specifies the criteria that must be met if the employer intends to avail itself to one of the three principal exemptions set forth in the statute: i) the Executive exemption; ii) the Administrative exemption; and the Learned Professional exemption. These requirements will be discussed below, as well as certain other exemption classifications that are available under the FLSA Thankfully, New Jersey has adopted the general same criteria for determining an employee’s exempt classification under state law.

Living Arrangements While Going Through Divorce

Published on: February 15, 2019 | by James McGlew, II

Two questions often asked by clients at their initial interview are “Do I need to be separated from my spouse for any length of time before I can file for divorce? and Can I obtain a legal separation from my spouse?” The short answer to both questions is no.

In New Jersey, there is no required term of separation necessary to file for divorce. In fact, spouses are often still residing together at the time one of them chooses to file for divorce, or retain an attorney, and they remain so throughout the process. While a physical separation remains a valid cause of action (reason) to file for divorce, it is not required. The majority of individuals who file for divorce do so with their reason being irreconcilable differences.

In New Jersey, there are nine causes of action or reasons which would entitle an individual to obtain a judgment of divorce from their spouse. Seven of these are fault-based and two are not. They are: