If you recall, President Biden announced in September that the Occupational Safety and Health Administration (“OSHA”) would be issuing a mandate requiring all employers with 100 or more employees to have a mandatory vaccination policy to minimize the spread of COVID-19 transmission in the workplace and protect unvaccinated employees. OSHA released the emergency temporary standard…READ MORE
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Establishing an estate plan is a crucial step toward peace of mind. An estate plan typically includes the following documents: a Will, a Financial Power of Attorney, a Health Care Power of Attorney, and in many cases, a Revocable Living Trust. These documents help control your assets if you become disabled or pass away. The…READ MORE
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New federal guidance issued August 13, 2021 reinforces that all employers should implement multi-layered interventions to protect unvaccinated and otherwise at-risk workers and mitigate the spread of COVID-19. The District of Columbia and all major surrounding counties in Maryland and Virginia are considered to be areas of substantial or high transmission (as of September 15,…READ MORE
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The Health Care Power of Attorney and the Advance Medical Directive are critically important estate planning documents. The Advance Medical Directive (often called a “Living Will”) allows you to make your wishes known about whether to withhold life support in certain contexts. The Health Care Power of Attorney allows you to name someone (usually called…READ MORE
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As the pandemic wears on and effective vaccines roll out to many adults, employers and employees are hoping to stop wearing masks in the workplace. To reduce labor risks, we advise employers to keep a workplace mask policy in place, remind all employees that the policy remains in effect, and directly address employees who do…READ MORE
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Employers, schools, and real estate developers should take note of a new Executive Order issued on Inauguration Day which gives an expansive reading to last summer’s Supreme Court decision in Bostock v. Clayton County. In Bostock, conservative Justice Neil Gorsuch writing for a 6:3 majority held that Title VII’s prohibition on employment discrimination “because of…READ MORE
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With the blurring between remote work and home life due to the ongoing pandemic, some employers are seeing an uptick in the workplace effects of domestic violence. Fortunately, many of the tools to effectively and compassionately manage such concerns are already found in most employee handbooks. Businesses can and should proactively minimize the effects of…READ MORE
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It was a relief when Pfizer and, then Moderna, released that they had both developed an effective Covid-19 vaccine. We saw a light at the end of the tunnel. The state and local governments have released plans for the roll-out of the vaccines to those populations most in need, starting with health professionals, first responders,…READ MORE
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As we begin 2021, we are still faced with Covid-19 affecting every part of our lives. While hope is on the horizon as vaccines are being produced and distributed, we must continue to proceed thoughtfully as we face these challenges. Besides the changes that the vaccine will bring, there are several important updates from the…READ MORE
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As the United States (and many parts of the world) experiences a new rise in Covid-19 cases, Maryland Governor Hogan, by Executive Order, and Montgomery County have implemented new restrictive orders, effective November 10th, to strive to flatten the curve. These orders will affect many businesses throughout the state and will likely impact your actions…READ MORE
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The end-of-year giving cycle can make or break the revenue projections for nonprofits which rely on donor gifts to support valuable programming and staffing. Given a tumultuous and unpredictable year, which has disrupted office routines and sometimes re-focused efforts to “critical” work, it is even more important that your organization comply with state charitable giving…READ MORE
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COVID-19 is affecting every part of our lives in some way or another. Protecting the brand that you created should not be overlooked. To be competitive and recognizable in the market place, you have no doubt expended resources to build your brand and its related goodwill. Whether by common law or through federal registration, trademark…READ MORE
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As everyone is adjusting to working and living with Covid-19, we must not forget that the governments are continuing to enact laws that affect employers. While we have previously provided updates for Maryland and Virginia employers, the District of Columbia has also recently enacted several important updates to its employment laws: Time Off to Vote. …READ MORE
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By now, most business owners have read the emerging scientific news that the COVID-19 pandemic may linger for one to three years. Alongside this “lengthening” of the curve, the media is filled with coverage of the political, social and economic pressure to re-open and significant concerns from employees that their workplaces will not be safe…READ MORE
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Even though employers are busy adjusting, evolving, and pivoting their policies due to the constantly changing effect of the Coronavirus pandemic, Virginia employers must also ensure they are complying with new employment laws that will be effective on July 1, 2020. Many of these laws have significant penalties for non-compliance from by the employee and…READ MORE
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There are a lot of websites out there that allow you to make your own estate planning documents at a bargain rate. Wills, Powers of Attorney . . . even Trusts. If you can make a Will for a fraction of the price, why wouldn’t you? My advice: stay far away from these websites. And…READ MORE
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Re-opening your business is the hot topic as local and state governments relax COVID-19 shelter in place orders. Regardless of industry, most small businesses need to address core labor issues and evaluate what additional industry-specific concerns should be addressed. Both valid and specious employment claims are already on the rise due to a combination of…READ MORE
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While much of the recent Maryland Legislative session was consumed with the coronavirus crisis, several pro-employee bills were passed. These bills address race discrimination, sex discrimination, pay equity, and wage transparency. All will become effective October 1, 2020 without the signature of Governor Hogan, who declined to hold any bill signing ceremonies this month. The…READ MORE
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Beginning on February 29, 2020, all Maryland employers with fifteen or more employees must comply with the new ban the box law unless they fall within an exemption. But, what is “ban the box”? “Ban the Box” is a term that refers to laws which control when in the hiring process you can ask an…READ MORE
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Now that Maryland is beginning to relax its shelter in place order and other local jurisdictions will likely follow suit, business owners need to begin planning for re-opening so that it can be done in a safe and effective way. Over the next few weeks, we will be publishing a series of articles that are…READ MORE
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The state legislature is betting the answer for Maryland companies and nonprofits is “yes” and has modified the state’s tax law to require gender representation data to be reported by most companies and larger non-profits on annual business tax returns. Citing a long list of corporate reports, the legislation concludes that the state has a…READ MORE
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If you’re like me, you’ve seen every episode of the documentary Tiger King on Netflix. As an animal lover and estate planning attorney, the show covered a lot of issues that interest me. The biggest estate planning issue centered around the disappearance of Carole Baskin’s husband, Don. It struck a lot of people as highly…READ MORE
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Emergency legislation has made unemployment benefits an important financial lever for small businesses faced with closing the margin between expenses and revenues. Labor costs often make up more than half of gross sales for service businesses, so payroll is one of the first places many owners are looking to be able to manage through the…READ MORE
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An information page for the Montgomery County Public Health Emergency Grant Program (PHEG) went live this week. Local businesses, including for-profit and not-for-profit organizations, may be eligible for grants of up to $75,000 from a $20 million fund. $5 million is reserved for restaurants and retail establishments. The catch is that local businesses must show…READ MORE
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We are now living in a profoundly new world where many workplaces are being transitioned to teleworking with limited planning or time to test systems. This rapid shift brings challenges that must be addressed and resolved from both a legal and operations standpoint. Confidential Information and Data Privacy Issues. One of the major issues is…READ MORE
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Last week, the federal government enacted the CARES Act. It provides economic relief to Americans both as individuals and businesses. While the Act contains a variety of tax, loans and other measures, the following programs are of particular interest to employers and small businesses: Payroll Protection Program. In part, this law allows small and mid-sized…READ MORE
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As the number of Covid-19 infections rise, the federal, state, and local governments are taking more drastic actions to protect and support the public during this time. The following updates summarize major changes that affect employers in the DMV: 1.Families First Coronavirus Response Act. The FFCRA became effective April 1, 2020. All employers, even those…READ MORE
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Another week has passed during the Covid-19 pandemic, and we have seen the DMV governors close all non-essential businesses, schools closing for another month or even the rest of the school year, the legislatures are working to provide relief to employers and employees. The number of positive cases rise even as we wait with baited…READ MORE
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On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act. The important part for employers is it enacts temporary measures requiring employers with fewer than 500 employees to provide paid sick leave and family leave for those directly affected by COVID-19. It is important to note that these measures are…READ MORE
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Due to our current global pandemic, employers are faced with very difficult decisions as the government further restricts movement and closes businesses in an effort to contain the community spread of Covid-19. One of these questions is – should I shut my doors and temporarily lay off my employees? As you are considering this action,…READ MORE
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From day to day, hour to hour, as our government responds to the COVID-19 pandemic, our laws change. Some are relaxed, others are altered, and new ones are added. In the last week alone, we have seen the following: The federal government is requiring paid sick leave and family leave to some employees. The EEOC…READ MORE
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By now you have been hearing a lot about the Coronavirus (Covid- 19), which has spread to the United States from other parts of the world. While the Center for Disease Control and Prevention has stated that this is not yet a pandemic, it is important that you plan now on how to protect yourself,…READ MORE
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Effective October 1, 2019, it will be easier for a Maryland employee to bring a claim of harassment against its employer based on race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, general identity, or disability (“Protected Class”). It is important to take action now and implement policies and procedures to…READ MORE
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On July 1, 2019, the Universal Paid Leave Amendment Act of 2016 went into effect and applies to all employers, who have employees that work at least fifty percent (50%) of their time in the District of Columbia or work substantially in the District of Columbia and do not work more than 50% of their…READ MORE
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Lately, the news has been filled with stories about women forced to settle sexual harassment claims through severance agreements. Many of those agreements are perceived as oppressive because they suppress the victim’s rights to tell her story and fail to inform other actual or potential victims that a company has retained a bad actor after…READ MORE
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We often hear from frazzled business owners about routine contracts gone wrong. What seemed like a simple service agreement has gone south. They want their money back, or at least cut their losses, but when they call to cancel the contract, they learn they are stuck. All too often, what the service representative told them…READ MORE
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The new Maryland employer survey for reporting sexual harassment settlements is now open on the website of the Maryland Commission on Civil Rights (MCCR). Context Maryland was one of the 32 state legislatures to consider #MeToo legislation in the 2017-2018 legislative cycle. Across the country, approaches to addressing workplace harassment include restricting confidentiality agreements, restricting…READ MORE
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You have probably heard that you need to protect your intellectual property but what does that mean? Here is a short guide of the different types of intellectual property and how to protect them. Contact the attorneys at McMillan Metro at (301) 251-1180 for more information.
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February 11th is a date every employer in Maryland needs to know and prepare for right now. On that day, the new Maryland Healthy Working Families Act (the “Act”) takes effect. For many businesses, it will affect the nature and details of sick and safe leave that you must provide to your employees. It will…READ MORE
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It is hard to turn on the news these days without hearing about a new executive, celebrity, or news personality being accused of sexual harassment. These accusations are sometimes followed by news of large settlements or verdicts (often in the millions). You may think that this will not affect your business because you are a…READ MORE
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Recently, many of our clients have discovered that their business entities—whether LLCs or corporations—are not in “good standing.” In fact, a few are facing forfeiture, a process by which the state terminates an entity’s existence. If that happens, essentially any limitation of liability under your entity’s charter or its LLC “shield” will cease to exist,…READ MORE
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In May 2016, the Fourth Circuit Court of Appeals determined that two Maryland exotic dance clubs misclassified their dancers as independent contractors rather than employees. The dancers sued under the Fair Labor Standards Act (FLSA) and Maryland wage and hour laws for unpaid wages and liquidated damages. The Court found that the facts presented suggested that exotic dancers are employees. According to the…READ MORE
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A change in Maryland policy in 2016 may put you at risk of missing an important tax deadline. As you know, if you own a business in Maryland (whether it’s an LLC or a corporation) or your business is registered to conduct business in Maryland, you must file Personal Property Tax Returns each year with…READ MORE
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Does your business ever join forces with others to go after government contracts? If you do, you should execute a teaming agreement to cover just how you will combine your resources. It’s a smart tactic for a smaller company that wants to obtain access to business that would otherwise be beyond its reach or capacity….READ MORE
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This year, employers will face a number of challenges when it comes to managing, monitoring and maintaining their workforces. From providing paid sick leave and equal opportunity under state and municipal laws, to extending equal rights and benefits to transgendered employees, complying with these new obligations may require a change in the way you operate…READ MORE
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Some 5,000,000 white-collar workers who are currently exempt from overtime compensation may soon be entitled to such pay. The effect on your payroll could be significant if changes to the Fair Labor Standards Act (FLSA) are allowed to take effect, per a recent proposal from the U.S. Department of Labor (DOL). The impact will arise…READ MORE
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On June 23, 2015, the Montgomery County Council significantly altered your obligations as an employer by passing the Earned Sick and Safe Leave Act. You will now be required to provide paid sick leave to your employees at new, higher levels. It is estimated that this will affect as many as 90,000 private-sector employees who…READ MORE
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You’re an entrepreneur. You’re deal-focused. You’ve got your eye on the prize, and you can’t be bothered with unnecessary details. You are driven by the desire to get things done. So when you establish a relationship with a partner, a supplier, an employee, or a client, it’s easy enough to imagine you can skim over…READ MORE
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As of October 1, 2014, if you have 15-49 employees in Maryland, your business needs to be prepared to provide parental leave to anyone who is eligible. Here are a few key facts to help you determine if you will be affected and how to comply. Am I subject to the Parental Leave Act (PLA)?…READ MORE
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With Spring upon us, it is a great time to review your employment practices, ensure compliance with any new laws, and make updates to protect your business. Here are a few easy steps to take: Hold your annual Sexual Harassment and Discrimination training. Your business’s best line of defense against sexual harassment or discrimination claims…READ MORE
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On October 1, 2013, both Maryland and District of Columbia employees were given powerful tools to collect unpaid wages from their employers. These new remedies have the potential to cause significant problems for employers. If you are a business owner, it is imperative that you understand these new laws and take steps to minimize your…READ MORE
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During the most recent legislative session, the Maryland legislature enacted a new law which requires employers to give reasonable accommodation for employees with disabilities due to pregnancy. It is very important for small businesses to understand this law and be aware of its impact on their operations. Who is affected? If you have fifteen employees…READ MORE
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Your employment manual should be a living document that grows and changes as the company evolves. Both employees and management view the manual as a guide on how to resolve conflicts and problems that arise in the workplace. You need to be able to apply policies consistently to resolve employment issues and reduce the company’s…READ MORE
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Collection notices from the IRS are daunting, but addressing them quickly can prevent bank and wage attachments. The Taxpayer Bill of Rights is designed to protect taxpayers. However, you must timely respond to the IRS to take advantage of these protections. If the IRS violates your rights, you may be entitled to recover damages from…READ MORE
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Easements are interests in real estate which usually provide a benefit to owners of one parcel of land, while burdening another parcel of land over which the easement runs. Sometimes the creators and drafters of easements describe them generally and do not ever provide their specific locations, or even specify the full nature or extent…READ MORE
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When an employer terminates an employee, it can easily expose itself to liability by not issuing the final paycheck on time. Not surprisingly, this subject is heavily regulated by the states. Sometimes companies hold on to the last paycheck until all company property is returned. Employers should NOT do this because it is often prohibited…READ MORE
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Owners of both residential and commercial real property in Maryland recently received notices from the State Department of Assessments and Taxation (“SDAT”) indicating the newly assessed values of their real properties. These notices are generated by the SDAT every three years. For many, the assessed property values have increased since the last assessment date. Therefore,…READ MORE
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The New Year is typically a time of reflection and planning for individuals. It is also a great time for your business to catch its breath and do the same thing. Many companies use the beginning of a new year to audit legal issues and consider such items as: Are we in compliance with all…READ MORE
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Effective October 1, 2012, amendments to the Maryland Limited Liability Act require that attorneys review and evaluate the impact of the LLC Act’s default rules on their clients. If the following topics are not addressed in the Operating Agreement then the LLC will require unanimous consent of its Members to take any of the following…READ MORE
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New D.C. Use Tax The District of Columbia is now attempting to make certain that every sale of goods is subject to tax in D.C., if not paid elsewhere. The “use tax” will now be enforced for D.C. businesses on purchases that are not otherwise subject to sales tax. All items purchased by a business…READ MORE
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Most businesses do not realize that they use copyrighted work every day. Whether the business or someone else owns the copyright, these rights are common in the business place. If your employee designs marketing materials then your company owns the copyright to those materials. If those marketing materials contain a photograph from the internet, someone…READ MORE
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The Maryland Homestead Tax Credit protects homeowners when their home’s assessment value increases more than 10% in any given year. The credit is applied to all taxes due on the amount of the increase that exceeds 10%; in effect, the increase in value is capped at 10%. In recent years, this has not been an…READ MORE
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2012 will be coming to an end before you know it, along with the expiration of numerous tax savings provisions. It is important to review the current benefits under the tax code to maximize your savings. This Tax Tip provides guidance on what to expect in 2013 and what you might do about it in…READ MORE
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A lease for the office building in which your business operates is essential. Unfortunately, these documents also tend to be very long and complex. The average commercial lease is 30 pages long, and filled with fine print which the typical business owner is not equipped to understand, much less negotiate. Unlike a landlord who drafts…READ MORE
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With 2012 nearly half over, now is a perfect time to start tax planning for 2013. At the end of 2012, two very important acts from the “Bush-era” tax cuts expire: the Economic Growth Tax Relief Reconciliation Act of 2001 (“EGTRRA”) and the Jobs and Growth Tax Relief Reconciliation Act of 2003 (“JGTRRA”). It is…READ MORE
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In an effort to promote commercial success, most businesses rely upon contracts, generally written by attorneys, which contain the business’ “standard terms.” Proprietors are often told that these contracts are not negotiable, and they frequently sign such agreements regardless of the incredibly burdensome provisions. However, most of these provisions can be mitigated, if not completely…READ MORE
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Do your shareholders want to protect the environment, improve human health, or promote the arts? AND make a profit? In the past, the laws and custom of the United States only supported one or the other. Businesses are either devoted to making money for their shareholders or helping the community. Recently, this has begun to…READ MORE
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Federal courts have historically ruled on issues that affect land and river ownership, and often such decisions impact outdoor companies and recreation outdoor enthusiasts. On February 22, 2012, the Supreme Court issued a decision in PPL Montana, LLC v. Montana which could impact recreational kayak, canoe, and raft paddlers. The case addressed whether the State of Montana…READ MORE
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You own “Awesome Bagels” the best bagel place in the Washington Metro area. You have four locations in Gaithersburg, Chevy Chase, Silver Spring and Columbia Heights. Your stores have been reviewed by numerous magazines and newspapers as the “Best Breakfast Place,” “A Local Gem,” and “A Must Try.” Everyone talks about those “Awesome Bagels.” After…READ MORE
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Background We advised our readers a few months back about the IRS’s new Voluntary Classification Settlement Program (VCSP). The VCSP offers employers that have misclassified their employees as independent contractors the opportunity to remedy their misclassifications and comply with the appropriate employment laws prospectively. The program began in September 2011 and, to date, a termination…READ MORE
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Imagine a small business owner with the best new restaurant in town. She hires an artist to paint a mural on the walls. The restaurant takes off. The customers love the atmosphere and food. The small business owner attributes the success, in part, to the mural and she copies the mural in every additional restaurant…READ MORE
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Organizations and businesses that operate adventure sports and/or outdoor activities confront special legal issues that their executives need to consider. This introductory article seeks to address those issues and provides basic guidance for assessing the need for legal advice specifically tailored to an outdoor/adventure organization. First Basic Issue: Waivers. Most organizations that allow participants to…READ MORE
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The IRS recently announced a new voluntary settlement program for employers that have misclassified their employees as independent contractors or other nonemployees. The Voluntary Classification Settlement Program (VCSP) offers employers a significantly reduced penalty framework, as well as audit protection for previous years, in exchange for agreeing to prospectively treat any and all misclassified workers…READ MORE
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Individual taxpayers filing joint returns with their spouse have always been entitled to relief, individually, when a joint liability has accrued and the cause of the liability is the fault of the other spouse. This is based upon what is commonly known as innocent spouse relief. Regardless of whether the parties are still married and…READ MORE
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Are you in compliance with the new minimum wage regulations applicable to tipped employees that took effect on May 5, 2011? Read on to find out. For purposes of this article, a tipped employee is one who customarily and regularly receives more than $30 per month in tips. Employers are permitted to take a tip…READ MORE
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Identity theft is a growing problem nationwide and its effect on victims can be devastating. Identity thieves often use a stolen identity to open accounts, including credit cards and utility accounts, to ruin one’s credit history. On occasion, identity thieves do not stop there. They may also use their victim’s tax-related information, causing significant problems…READ MORE
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Many businesses use a payroll service to file and remit their payroll tax payments. The use of a payroll service simplifies business’ payroll responsibilities because the business itself does not have to worry about the weekly or bi-weekly deposits or calculating employee withholdings. When using a payroll service, business owners need to be aware that…READ MORE
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Tax laws change all the time. Seven recent changes in the law are discussed below so that taxpayers are aware of the changes and have the opportunity to take full advantage of the law to maximize their deductions or to resolve outstanding issues with the IRS. Bonus Depreciation In an effort to assist business, the…READ MORE
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Ordinarily, the written terms of a contract control what the parties can and cannot do. That, of course, is the reason parties execute contracts. A recent Maryland Court of Special Appeals case, Cappell v. Riaso, LLC, shows why that may not always be the case. Parties to commercial promissory notes often agree to confessed judgment provisions…READ MORE
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Our area is graced with an abundance of mature trees, many of considerable size. The maturity of the tree canopy is part of what gives many local residential areas their character and contributes greatly to their livability and charm. The severe storms that have visited the region in recent years, however, also remind us of…READ MORE
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You are a business person and you know what your contracts mean, right? A recent Maryland Court of Appeals case, Ocean Petroleum Company, Inc. v. Yanek, shows why that may not be the case. The Maryland rules of contract interpretation require courts in some situations to disregard what you may think is your best evidence –…READ MORE
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The 2010 Small Business Jobs Act has been passed by the Senate on September 16, 2010 and the House on September 23, 2010 and is expected to be signed into law by the President shortly. The Act includes a wide-ranging assortment of tax breaks and incentives for small business, paid for with various revenue raisers….READ MORE
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A landlord must be prepared to protect its rights as soon as it receives notice that its tenant is in bankruptcy. The Bankruptcy Code provides tenants in bankruptcy with the right to either reject or assume leases. This is a powerful right that can have a significant affect on a landlord that is not keeping…READ MORE
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Via recent legislation, and in an effort to raise revenues, the District of Columbia is offering tax amnesty for submissions made between August 2 and September 30, 2010. All civil penalties and collection fees will be waived upon payment of overdue DC taxes and interest. For taxpayers who are behind with their D.C. taxes and…READ MORE
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Noncompete Agreements – Why Bother? So often we hear that noncompete agreements are not worth the paper they are written on. Whether that statement is true or not depends on what is written on the paper. Earlier this year, the United States District Court of Maryland unequivocally confirmed that employee noncompete agreements are enforceable in Maryland! TEK-systems, Inc….READ MORE
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The “Hiring Incentives to Restore Employment Act of 2010” (the HIRE Act, P.L. 111-147) can provide a substantial benefit for private-sector employers (including employers that are non-governmental nonprofit organizations) who are beginning to expand their businesses through the hiring of new employees. To provide employers with an incentive to hire unemployed individuals, the HIRE Act…READ MORE
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Notice of a client’s or customer’s bankruptcy filing can strike fear in the heart of the most experienced business person. Even after the initial shock has worn off, the same business person may be served with a frightening complaint in which the bankruptcy trustee is attempting to avoid a preferential transfer by the client, now…READ MORE
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There are a number of important changes for both employers and individuals included in the new 2010 Health Care Act (as amended by the Health Care Reconciliation Act) that are effective immediately. These changes confer a real benefit on small businesses as well as individuals with young adult children. Individuals with children who have not…READ MORE
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Under the federal estate tax rules as they existed prior to January 1, 2010, the basis of property, whether real or personal, acquired from a decedent by reason of his or her death, was its fair market value on the date of death (or 6 months later, if the later if the alternate valuation date…READ MORE
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Summary Despite the economy remaining largely in the doldrums, there were a variety of benefits which should not be overlooked by taxpayers who are able to take advantage of them. Keying on those which would have the most likely application for the small, medium and large local businesses which comprise the majority of the Firm’s…READ MORE
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Following on the heels of the current tax amnesty program in the State of Maryland, and in its own effort to raise revenues, the Commonwealth of Virginia will be offering tax amnesty under its recently announced “Get Square VA” campaign for submissions made between October 7, 2009 and December 5, 2009. All civil penalties and…READ MORE
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Via recent legislation, and in an effort to raise revenues, the State of Maryland is offering tax amnesty for submissions made between September 1 and October 30, 2009. All civil penalties and one-half of accrued interest will be waived. For taxpayers who are behind with their Maryland taxes, this is a no-brainer. Who is an eligible…READ MORE
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Cell Phone Use and Texting While Driving in Maryland Beginning October 1, 2009, it will be against the law in Maryland to write or send a text message while operating a motor vehicle in the travel portion of the roadway (House Bill 72 and Senate Bill 98). A violation of this law is a misdemeanor…READ MORE
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The need for a divorced individual to look at all of his or her beneficiary designations on his or her retirement plans was made clear this week in a unanimous Supreme Court decision which upheld the beneficiary designation set forth in a retirement plan over the waiver of rights to the retirement plan under a…READ MORE
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The first material revisions to the federal Family and Medical Leave Act (FMLA), since the law was enacted fifteen years ago, will take effect January 16, 2009. The new regulations clarify many of the implementing terms that had caused confusion and costs to both employers and employees. The new regulations also add extensive employment protections…READ MORE
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The IRS has issued a new Form 941-X and its instructions to be used for making corrections to previously-filed Forms 941, Employer’s Quarterly Tax Return, and replaces Form 941c, Supporting Statement to Correct Information. Form 941-X also replaces Form 843, Claim for Refund or Request for Abatement, for refund or abatement requests of over reported…READ MORE
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Late on December 11, the Senate approved H.R. 7327, the “Worker, Retiree and Employer Recovery Act” (the Pension Act) by unanimous consent. The bill was passed by the House on December 10 by unanimous consent, so the measure is cleared for the President’s signature. The Pension Act suspends the need to take required minimum distributions…READ MORE
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The Medicare Part D sign-up period for prescription drug insurance coverage during 2009 runs from November 15, 2008 through December 31, 2008. Medicare Part D allows people 65 and older with no other prescription drug insurance and for younger people receiving Social Security benefits, to obtain drug coverage through numerous private health insurance plans. Each…READ MORE
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During all of the pre-election discussions about taxes, one type of tax has failed to generate much interest in the media: the federal estate tax. However, this is of intense interest to any number of people in this area. The federal estate tax is now an irrational amalgam of competing interests. Currently, each individual has…READ MORE
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The Securities Investor Protection Corporation (hereinafter “SIPC”) insures investment accounts in the event of the failure of a brokerage firm that is covered by SIPC (the “covered brokerage firm”). Under SIPC, brokerage accounts in a covered brokerage firm are insured up to $500,000 per account. This may include $100,000 held in the account as cash….READ MORE
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The U.S. Treasury Department’s Temporary Guarantee Program for Money Market Funds guarantees a $1.00 share price of participating money market fund, if those shares were held on close of business September 19, 2008. The guarantee is triggered if a participating fund liquidates its assets as a result of its net asset value falling below $.995…READ MORE
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The Emergency Economic Stabilization Act, signed into law on October 3, 2008, has raised the Federal Deposit Insurance Corporation insurance limits on bank accounts in FDIC insured banks to $250,000 per covered account. This increase is effective for the period October 3, 2008 through December 31, 2009. As a general rule, an individual can have…READ MORE
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On October 3, 2008, President Bush signed into law the Emergency Economic Stabilization Act of 2008 (H.R. 1424) (“EESA”). EESA provides a significant financial bailout to many financial institutions. However, it has also changed many different tax provisions. The following is a brief discussion of the highlights of the tax changes which may be of…READ MORE
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Maryland Developments Domestic Partner Benefits – Family Coverage Expansion Act The Maryland General Assembly enacted a law which requires insurers who issue health insurance in the State of Maryland to provide coverage for domestic partners and dependents of domestic partners. See 2007 Md. House Bill No. 1057 Full enrolled text – http://senate.state.md.us/2007RS/bills/hb/hb1057e.pdf Effective June 1, 2007…READ MORE
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Employment Law Bulletin Uniformed Services Employment and Reemployment Rights Act (USERRA) To many of you I sent this information regarding the USERRA after September 11, 2001. Now, with our country going to war with Iraq it is even more relevant and important to many people and employers. The USERRA protects employees who are in the…READ MORE
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