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New Jersey Enacts Revised Limited Liability Company Act: What the Changes Mean for New and Existing NJ LLCs

As of March 18, 2013, the Revised Uniform Limited Liability Company Act of New Jersey (the “Revised Act”) became effective. The Revised Act amends the existing law with respect to operating agreements, member relations, entity duration and other various aspects of limited liability companies (individually, an “LLC” and colle...

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New HIPAA and Business Associate Agreement Compliance Requirements Effective 2013 March 19, 2013

The United States Department of Health and Human Services recently issued significant changes to the HIPAA regulations. All entities and persons that are subject to the requirements of HIPAA must comply with the new regulations by September 23, 2013. These changes address a wide range of issues, including the following: Business Associates, Busine...

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Employers Must Use New Form I-9 Starting May 7, 2013

EMPLOYERS MUST USE NEW FORM I-9 STARTING MAY 7, 2013 March 19, 2013On March 8, 013, the U.S. Citizenship and Immigration Services (“USCIS”) released a revised Form I-. The main changes to the revised Form I-9 are as follows: improved instructions; additional data fields for employee telephone numbers and email addresses; and, a revised ...

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The Obermayer Advisor Estate Planning – Winter 2013
The American Taxpayer Relief Act of 2012

Our last newsletter addressed the “fiscal cliff” looming over the financial landscape. As you know by now, the cliff was averted by last minute action of our Congress on New Year’s Day culminating in the American Taxpayer Relief Act of 2012. This newsletter summarizes the key features of the new tax act as it relates to our estate...

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New FMLA Regulations for Airline Flight Crew and Military Members

Employers should review and revise their employee handbook policy language and re-train human resources and management staff on the Family and Medical Leave Act (FMLA) as it relates to benefits for military family members and flight crews. Specifically, on February 5, 2013, the Department of Labor announced changes to the FMLA amendments under the ...

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NLRB’S 2012 Decisions May Be Void Due To Unconstitutional Recess Appointments

In a unanimous decision, the D.C. Circuit Court of Appeals ruled today that the President of the United States can make recess appointments only when the Senate has formally adjourned between sessions of Congress - not when members of Congress leave Washington for a brief break.  Last year, President Obama used the recess appointment power to ...

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Employers Must Use New Fair Credit Reporting Act Forms Starting January 1, 2013

The federal Fair Credit Reporting Act (FCRA) requires that employers comply with certain notice procedures before they can use a third party credit reporting agency (CRA) to obtain a credit report, including an investigative report and criminal background check. Before an employer may obtain a background check on an applicant or employee from a CRA...

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The Obermayer Advisor Estate Planning – Fall 2012
Fiscal Cliff: An Opportunity For Estate Planning?

This issue discussed the “Fiscal Cliff" – An Opportunity For Estate Planning?

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NLRB Finds Unlawful Employer’s Policy And Practice Of Requiring Strict Confidentiality During Ongoing Workplace Investigation

This Summer, the National Labor Relations Board (“NLRB”) ruled that an employer’s policy and practice of requiring complaining employees and witnesses to maintain confidentiality during ongoing investigations was unlawful because it violated the employees’ rights under Section 7 of the National Labor Relations Act (the &ldqu...

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New Jersey Enacts New Posting Requirement Regarding Wage Or Compensation Discrimination Based On Gender

Labor and Employment Law Update On September 19, 2012, the New Jersey Assembly passed a new law, imposing new posting and notice requirements. Effective November 19, 2012, every employer with 50 or more employees must conspicuously post notification, in a place or places accessible to all workers in each of the employer’s workplaces, in a ye...

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