When you’re thinking about legal action, one of the main considerations is: “What can I expect to gain?” The remedies generally depend on: The nature of the claim, How much harm you suffered, The defendant’s conduct, and The court itself. Briefly, there are four types of civil relief available if your rights have been violated:1. […]
The legal landscape facing employers seems as difficult to navigate as it has ever been. Keeping track of the ever-changing patchwork of federal, state and local laws governing the workplace may often seem like a full-time job whether you are a human resources professional, in-house attorney or business owner. Change appears to be the one […]
Gifts of intellectual property to a qualified charity are generally tax deductible. But can you deduct a charitable donation of a patent if the gift comes with certain built-in restrictions? It depends. A ruling from the IRS answers the question in three different gift-giving scenarios that have strings attached. The recipient of the gift is […]
One significant 2020 development in the area of labor law involves independent contractor status. In September, the U.S. Department of Labor (DOL) proposed new standards for determining whether someone working on your company’s behalf can be considered an independent contractor or must instead be treated as an employee. Employee status puts greater legal burdens on […]
While the $7.25 federal minimum wage has been in place since 2009, most states, and many municipalities and counties, have upped their minimums since then. Of those, 25 have scheduled increases in 2021, most of which take effect on Jan. 1. Meanwhile, longstanding efforts in Congress to raise the federal minimum, thus far unsuccessful, are expected […]
The limits of product liability are not always easy to define. But in one case, the Nebraska Supreme Court helped identify the limits by ruling that a company isn’t liable for harm caused by the criminal acts of others — even if a product failure led to the harm. The court ruled that Ford Motor Co. […]
Let’s say you executed a will years ago but you would like to make changes to it to reflect your current situation. Perhaps you got married, divorced, became a parent, sold a business or experienced some other major event. Or maybe one of your beneficiaries died or you had a falling out with one of your […]
The Biden/Harris election victory confirmed many Americans” faith in their government’s institutions, despite the increasingly desperate and embarrassing lawsuits and legislative maneuvers mounted to invalidate that result. Although a seasoned President-elect Joe Biden should bring a sense of normalcy and predictability to the White House, the election results suggest no mandate for radical changes in […]
Many people are struggling to make ends meet during the COVID-19 pandemic. Fortunately, some individuals qualify for federal-income-tax-free disaster relief and disaster mitigation payments paid by some employers under Internal Revenue Code Section 139. Here are some FAQs and answers about how the rules work. Is COVID-19 Pandemic a Qualified Disaster? The Internal Revenue Code defines […]
Although the Equal Opportunity Employment Commission (EEOC) is intended to be nonpartisan, run by a five-member Commission, a president can appoint a new chairman and vice-chairman when their terms expire. Currently both of those positions are held by appointees of President Donald Trump. The current chairman’s term expires in July 2022. According to the EEOC, its […]
On Monday, December 21, 2020 at 1 p.m. ET, join Kate McMahon, a Partner in Conn Maciel Carey’s national OSHA Practice, and special guest Dr. John Howard, the Director of the National Institute for Occupational Safety and Health (NIOSH), for a one-on-one Q&A event regarding COVID-19 in the workplace. Cases continue to spike throughout the United States, while […]
On Wednesday, December 16th at 1:00 PM ET, join Lindsay A. DiSalvo and Ashley D. Mitchell for a webinar regarding Delaying Retirement: Impact of America’s Aging Workforce on OSHA and Employment Matters. The single biggest factor affecting safety and health in America’s workplaces today is our aging workforce. Older workers offer valuable experience and job knowledge, but with that comes an […]