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On Wednesday, November 13, 2024, the National Labor Relations Board (NLRB) ruled that an employer may no longer require employees to attend meetings in which the employer expresses its views on unionization. The 3-1 decision overturned more than 75 years of labor law precedent that allowed companies...
When crafting an individual estate plan, you should consider whether a Revocable Trust is right for you. Below is an analysis of an artificial fact pattern and the estate plan I would recommend based on that fact pattern. For a more concise and technical explanation of the benefits of a Revocable...
The number of states enacting pay transparency laws increased by one on November 18, 2024, when New Jersey Governor Phil Murphy signed into law a pay transparency act (P.L.2024, c.91) that requires covered employers to disclose wage or salary information and a description of benefits in job postings...
Today, a federal court in the Eastern District of Texas vacated the Department of Labor’s (“DOL”) April 2024 Final Rule (the “Rule”) that would have raised the minimum salary level at which executive, administrative, professional and highly compensated employees can be classified as exempt from...
The Maryland Department of Labor (“MDOL”) recently issued guidance to address the Maryland Wage Range Transparency law (the “Wage Transparency Act”) and the Pay Stub and Pay Statement law (“Pay Stub Act”) that went into effect October 1, 2024. Wage Transparency Act According to the MDOL, employers...
When creating trusts for estate-reduction purposes, nothing compares to the Intentionally Defective Grantor Trust. This type of trust is referred to by the acronym “IDGT.” Called by some as an I-D-G-T and others a word that rhymes with “digit,” the IDGT is an excellent tool for reducing the value of...
Account changes by a loved one are often done in secret, and direct evidence of undue influence is rarely available. In cases where manipulation has led to changes in a beneficiary designation that have caused you harm, the claim typically hinges on whether there was a confidential relationship...
Last month, in DraftKings Inc. v. Hermalyn, the First Circuit Court of Appeals issued a decision concerning the application of California’s non-compete ban to agreements formed outside the state. Broadly, the decision indicates that California’s ban on non-competes does not apply where the non...
On September 4, 2024, New York Governor Kathy Hochul signed the Retail Worker Safety Act (Labor Law §27-e), which requires certain employers to adopt a workplace violence prevention policy and implement annual training, and further mandates that large retail employers install panic buttons in the...
California recently enacted two laws that expand the scope of discrimination claims and prohibit retaliation against employees for failing to participate in employer-sponsored meetings regarding religious or political matters. Both laws will take effect on January 1, 2025. On September 27, 2024...
The benefits of a Revocable Trust are three-fold. Firstly, assuming that the Revocable Trust is properly funded with all of a person’s assets, a Revocable Trust helps avoid a state’s probate procedure, which can be costly depending on the state’s specific procedure. Secondly, a Revocable Trust is an...
Most Florida residents are aware that Florida has a homestead exemption law, but there is more to it than one might think. There are actually three different sets of laws in Florida that deal with the homestead. One of those is the “save our homes” exemption. The save our homes exemption limits how...
For many clients, the inclusion of revocable and/or irrevocable trusts as part of their overall estate plan is an important feature. Revocable trusts can allow for probate avoidance and estate tax planning, whereas irrevocable trusts can be useful for leveraging the use of gift and estate tax...
On August 9, 2024, Illinois Governor JB Pritzker signed HB 2161, the newest amendment to the Illinois Human Rights Act (IHRA), which prohibits employers from discriminating against an employee or applicant based on their “family responsibilities.” Illinois is the sixth state to offer this type of...
On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act (IHRA) to restrict an employer’s use of artificial intelligence (“AI”) in employment practices. The law is comprehensive in that it restricts employers from using AI that has the effect of...
On August 23, 2024, the Fifth Circuit Court of Appeals vacated the U.S. Department of Labor’s (DOL) much maligned 80/20 rule, which has largely been in flux in the decades since it was first introduced in a Field Operations Handbook in 1988. Under the 80/20 rule, up to 20 percent of a tipped...
On July 31, 2024, Massachusetts Governor Maura Healy signed into law the Frances Perkins Workplace Equity Act (the “Act”). The Act—aimed at promoting wage equity and transparency—imposes new requirements relating to both pay disclosure and pay data reporting on many businesses with employees in...
By now, employers across the country are aware of the Federal Trade Commission’s (“FTC”) pending rule banning the vast majority of non-competition agreements on a national level (the “Rule”). We have been tracking the Rule from its beginning, through various stages of the different legal challenges...
On July 25, 2024, the U.S. Court of Appeals for the Ninth Circuit rejected the notion that harassing conduct must occur inside the workplace to be considered actionable. The court also affirmed the notion that “the totality of the circumstances in a Title VII sexually hostile work environment claim...
In the recent decision of New Jersey Staffing Alliance v. Fais, — F.4th —- (3d. Cir. July 24, 2024), the Third Circuit Court of Appeals affirmed the denial of a preliminary injunction seeking to bar enforcement of New Jersey’s Temporary Workers’ Bill of Rights Law. New Jersey’s Temporary Workers’...