NLRB Delays Union Organizing Rights Posting Rule
By Hope B. Eastman, Principal
Employers that have been gearing up to meet the January 31, deadline for posting an National Labor Relations Board (NLRB) poster notifying employees of their right to unionize, no longer need to rush. The NLRB has for the second time delayed the implementation deadline; posters need not go up before April 30, 2012.
January 2012New NLRB Report on Social Media & Networking
By Ethan L. Don, Associate
On January 24, 2012, National Labor Relations Board (NLRB) General Counsel Lafe E. Solomon issued his second report summarizing 14 social media and networking cases. The cases addressed the lawfulness of employers’ social media policies and discharges of employees based on use of social media, specifically Facebook. The report and accompanying press release make clear that the NLRB considers this an emerging area of law upon which it hopes to develop a consistent approach.
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Advance Authorization For Medical Emergencies
By Robert H. Maclay, Principal
Maybe you’ve experienced this yourself or know someone who has, but it’s a situation that’s an all too common occurrence. Your child or other family member has been rushed to the hospital, you are desperate to find out his or her condition –and no one will tell you anything because of the privacy laws. It doesn’t matter if it’s a college age child or elderly parent; no amount of pleading or threats will get you the information you want.
December 2011Retirement Plan Contribution Limits in 2012
By Paula A. Calimafde and Arnold B. Sherman, Principals
Each year IRS makes cost of living adjustments to many of the limits on benefits from — and contributions to — qualified and non-qualified retirement plans. Here are the new limits for 2012:
December 2011Maryland Law Clarifies Patient’s End-Of-Life Wishes
By Jeffrey A. Kolender, Principal
One of the most important parts of any estate plan is providing for your health care treatment in case you become disabled and cannot make medical decisions yourself. You may already have signed an Advance Directive, designating someone (a “health care agent” ) to make medical decisions for you, and also stating your wishes for the withholding of medical treatment in extreme situations.
November 2011Arbitration Agreements, Employee Handbooks: Bad Mix
By James R. Hammerschmidt, Principal
So, you’ve heard that arbitration agreements are the way to go. You’ve read or been told that arbitration is less expensive than litigating discrimination and other employee claims in court, and that it avoids the risk of a runaway jury verdict in favor of your employee. Just slip the agreement into your company’s employee handbook and you’re good to go.
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IRS Initiative for Reclassification of Contractors
By James R. Hammerschmidt Principal
As part of the IRS Fresh Start initiative to help employers obtain a “fresh start” with their tax obligations, the agency has outlined a new program for employers to create a “low cost” resolution to prior worker classification issues by voluntarily reclassifying their employees.
September 2011Confession of Judgment Key Loan Provision
Arthur H. Blitz, Principal
Every commercial loan made by a bank or other financial institution includes a promissory note which is the borrower’s “promise” to pay back the loan. The note contains all of the important terms of the transaction, including the interest rate, the amount of the monthly payment and the date the loan matures. If the borrower makes all of his payments on time and pays off the note at the maturity date, all is well. What happens when the borrower falls behind and cannot make the required payments? Read the rest of this entry »
September 2011Executor, Personal Representative Seeking Attorney
By Deborah A. Cohn, Principal
Your parent or spouse just passed away and you’ve been named the executor or personal representative of the estate. You know you need a lawyer who can help you probate the will or administer the revocable trust. How do you go about finding an estates and trusts attorney? What specific qualities and credentials should you look for in your search?
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Damages Waiver Clauses Often Problematic
By Arthur House, Principal
Waivers of consequential damages in contractual agreements have become commonplace, yet these clauses often result in significant unintended consequences. Here is an example of a simple consequential damages waiver clause, the kind frequently found in the “miscellaneous” section of contracts:
September 2011MD Inheritance Tax Exemptions – Domestic Partners
By Arnold B. Sherman, Principal
The Maryland Code exempts from inheritance tax all property received by the spouse of a deceased Maryland resident. It also exempts property that passes from a decedent to or for the use of, among others, the decedent’s children, grandchildren, the spouse of a child of the decedent, the spouse of a lineal descendant of a child of the decedent and the brother or sister of the decedent.
August 2011Lender Beware Upstream vs. Downstream Guarantees
By Arthur H. Blitz, Principal
In the world of commercial finance, many loans are secured by real estate; the borrower gives the lender a lien on the borrower’s real estate to secure payment of the loan. In Maryland, the downside to granting this type of lien is the large amount of taxes collected by the clerk of court when the lien is recorded. On a loan of $1 million, for example, the taxes collected could easily exceed $10,000. Loans running in the many millions of dollars are not uncommon and they can cost the borrower hundreds of thousands of dollars in taxes collected when the lien is recorded.
August 2011