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Who Determines How to Celebrate Your Life and the Disposition of You When You Die?

An often-overlooked step in the estate planning process is determining how you want the world to celebrate your life and determining your final resting place.  If not addressed, conflict may occur because different loved ones have different opinions.  Continue Reading

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Political Speech, Discrimination and the Law: How Employers Should Respond to Charlottesville

  The recent tragic events in Charlottesville, Virginia and other news regarding the activities of white supremacists and similar groups, have served as a rude awakening for many that our national reality has shifted. These events, which occurred in the public square and have been widely documented through social media, are unfortunate exam...

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Immigration Visa Update: USCIS Resumes Premium Processing for Cap-Exempt H-1B Visas

In a July 24, 2017 news release, U.S. Citizenship and Immigration Services (“USCIS”) announced an immediate resumption of Premium Processing for certain cap-exempt H-1B (Temporary Worker) Visa petitioners, including: institutions of higher education; nonprofits related to or affiliated with an institution of higher education; or nonprofit...

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Wage and Hour Update: DOL Proposes Changes to FLSA Tip-Pooling Rule

On July 20, 2017, the U.S. Department of Labor (“DOL”) announced that in August it plans to propose rescinding current restrictions on tip-pooling by employers who pay tipped employees the full minimum wage directly.  Under the current rule, tips are considered employee property and cannot be distributed to other workers or retained by t...

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Antidotes for America’s Addiction Crisis

Opioid addiction and abuse has exploded into a national epidemic. Every three weeks, America faces a death toll equivalent to the September 11th attacks due to drug overdoses, 75 percent of which are from opioid use. With more Americans dying each year from drug overdoses than gun violence and car crashes combined, the issue has been catapult...

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Enforcing Court Orders in Family Law

What happens when your former spouse or ex-partner refuses to comply with a court order? After going through a difficult court proceeding and draining your bank account to pay legal fees, it is very frustrating when the adverse party refuses to cooperate.  A court order can feel meaningless.  Here are a few things that you can do: Continue Re...

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One Strike and You’re Out—Third Circuit Holds a Single Severe Incident Sufficient to Establish a Harassment Claim

The United States Court of Appeals for the Third Circuit held on July 14, 2017 that a single severe incident of harassment may give rise to a claim of workplace harassment in Castleberry v. STI Group, No. 16-3131 (3d Cir. 2017).  Continue Reading  

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Yet Another New Form I-9 in Effect

In November 2016, HR Legalist announced that United States Citizenship and Immigration Service (USCIS) issued a revised version of Form I-9, Employment Eligibility Verification.  The most significant change was to make the form easier to complete and print using a computer.  Today, July 17, 2017, USCIS has introduced yet another revised For...

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Trade Vendor Victory — The Third Circuit Refines Eligibility for Administrative Claims Under § 503(b)(9)

It is hardly news that the seismic shift in buying habits towards travel and experiences and to internet shopping has dealt a devastating blow to many traditional brick and mortar retailers.  Retailers are going bankrupt at a record pace, and 2017 is on track to post the highest number of retail bankruptcies since the Great Recession. Venera...

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Overtime Update: DOL Signals Changes to the FLSA and White Collar Exemptions may be Coming Soon

For the past few years, HR legalist has been following the Department of Labor’s proposed overtime rule, which would have roughly doubled the salary threshold under which employees are guaranteed overtime pay, and made millions of additional employees eligible for time-and-a-half overtime for hours worked over 40 per week.  Last fall, that rul...

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