The Strict Letter of the Law

Sometimes, regardless of how careful you are or how careless an injured victim was, you can still be held liable for damages. It’s a legal doctrine called strict liability. And the principle can be applied in product liability cases. In general, strict liability applies to inherently dangerous activities, such as keeping wild animals near small children […]

William H. ShawnCo-Managing Partner, ShawnCoulson

Just Married? Financial Chores to Complete when You Tie the Knot

Wedding season typically peaks in late summer and early fall, according to wedding website TheKnot.com. This year, that peak may be even more noticeable due to pent-up demand for wedding festivities caused by the COVID-19 pandemic. Last year, because of health concerns and restrictions on in-person events across the country, many people postponed their nuptials — […]

William H. ShawnCo-Managing Partner, ShawnCoulson

New DOL Proposed Rule Reverses Course on Treatment of Tipped Employees

On Monday, June 21st, the Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking (“NPRM”) that would alter regulations interpreting who is considered a “tipped employee” under the Fair Labor Standards Act (“FLSA”) yet again.  Specifically, the NPRM proposes (1) to withdraw the dual jobs portion of the Final Rule promulgated in December 2020; and (2) a […]

Kara MacielFounding Partner, Conn Maciel Carey

Cut Your Risk With Background Checks

Smart employers do thorough background investigations of all candidates considered for employment. But there can be two risks involved in this: Your company learns damaging information about an applicant, and then shares this information with individuals who have no right to know. For example, let’s say a manager finds out that an applicant served time in prison. […]

William H. ShawnCo-Managing Partner, ShawnCoulson

Do You Owe the Nanny Tax?

The COVID-19 pandemic has changed the dynamics of many households. In most cases, schools stopped or limited in-person instruction, causing many children to engage in at-home learning. Some families moved disabled adult children or seniors from long-term care centers to their homes for safety and visitation reasons. These changes were ostensibly temporary, but some families may […]

William H. ShawnCo-Managing Partner, ShawnCoulson

Qualifying for Tax Breaks for a Dependent Parent

For many families, the tables may turn, and adult children provide financial support for their parents. For example, you might have moved your in-laws from a long-term care facility into your home during the pandemic for safety and convenience. Or your widowed father might still live in his own home, but his pension might not be […]

William H. ShawnCo-Managing Partner, ShawnCoulson

The Power of the Federal Trade Commission

Whether your company is in its growth stages or is a major player in your industry, you should be aware of the regulations affecting business practices in the market place. Besides adhering to your own state’s consumer protection laws, you should know what the Federal Trade Commission (FTC) regulates so you can develop policies, and design […]

William H. ShawnCo-Managing Partner, ShawnCoulson

Two Common Types of Financial Fraud That Can Hurt Your Business

Many financial frauds and deceptions fall into two basic categories: 1. Misstatements on company financial reports (balance sheets, income statements, and so forth). 2. Misappropriation of company assets. While the first type of fraud may seem more theoretical and therefore less worrisome, it can hurt your company almost as badly as the second kind — which is definitely not theoretical. […]

William H. ShawnCo-Managing Partner, ShawnCoulson

State COVID-19 Regulations Multiply as Fed. OSHA Declines to Adopt General Industry COVID-19 Regulations

Well over a year after the pandemic began, federal OSHA has declined to adopt a set of COVID-19 regulations for general industry. Just yesterday, federal OSHA announced that it had “completed” the rulemaking process for the COVID-19 emergency temporary standard, which will only apply to healthcare industry employers.  This long awaited rule is expected to […]

Kara MacielFounding Partner, Conn Maciel Carey

Are You Ready for the Return of EEOC Census Reports?

Data collection from employers isn’t new. The Equal Employment Opportunity Commission (EEOC) has been harvesting employment-related information for a long time. The last year employers had to file the EEO-1 report was for 2018, which was due in 2019. Now that the EEOC is returning to a more normal staffing level, companies that are required to […]

William H. ShawnCo-Managing Partner, ShawnCoulson