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Standby Guardianship Can Be An Important Part Of Estate Planning

Although Delaware’s Standby Guardianship Act became law nearly a decade ago, many are still unfamiliar with the concept.  This type of guardianship serves such an important purpose and is important to understand. Continue Reading  

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Are High School Sports Dangerous Enough to Become a Custody Issue?

Recently the New York Times highlighted a Pennsylvania child custody case focusing on whether or not a child who has sustained multiple concussions should continue to play football.  The court has allowed the child to play high school football on an interim basis while the case moves forward.  The issue involves decisions regarding choice of ac...

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Sixth Circuit Rules that Gender Identity Discrimination is Not Religious Freedom

On March 7, 2018, the United States Court of Appeals for the Sixth Circuit reversed the dismissal of a gender identity discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC)  against a Michigan funeral home under VII of the Civil Rights Act of 1964 (Title VII).  The EEOC brought the case, EEOC v. R.G. & G....

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US Department of Labor Still Actively Investigating Per Diem Payments in the Energy Industry

Over the past few years, the U.S. Department of Labor (DOL) has investigated the misuse of per diem payments as a substitute for compensation in a number of industries. At a recent event for employment lawyers in Pittsburgh, an attorney with the DOL indicated that this is still an issue that they were actively investigating, especially within t...

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Second Circuit Holds That Sexual Orientation Claims are Permissible Under the Civil Rights Act

While the lesbian, gay, bisexual and transgender community has made a number of important legal advancements over the last decade, it still amazes many people to learn that, under federal law, an employee can be fired because they are gay.  Politicians, advocacy groups and courtroom litigants have worked for decades to change that.  And while...

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Back to Browning-Ferris: Returning to an Obama-Era Joint Employment Standard

Yesterday, February 26th, the National Labor Relations Board (NLRB or Board) vacated its December 2017 ruling in Hy-Brand Industrial Contractors (Hy-Brand), reinstating the employee-friendly joint employment standard crafted by the Obama-era Board in Browning-Ferris Industries(Browning-Ferris). Continue Reading  

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Does My Business Need an Employee Handbook?

While your business is not required to have an employee handbook, handbooks do offer many legal and non-legal benefits. A well-drafted and regularly updated employee handbook can provide employees and their supervisors with the “rules of the road.” A handbook with clear rules can help ensure that employees are treated fairly and consistently...

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AAML Opposition to Repeal of the Alimony Tax Deduction

We blogged recently about the 2017 Tax Cuts and Jobs Act which, in part, eliminates the tax consequences of alimony. To briefly recap, alimony is tax-deductible to the payor and taxable as income to the recipient under the current tax laws. The Tax Cuts and Jobs Act, however, revises the tax code to completely eliminate a payor’s ability to d...

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Estate Planning is Still Important Even with the Passage of the Tax Cuts and Jobs Act

The Tax Cuts and Jobs Act of 2017 (the Act) signed into law by President Trump on December 22, 2017 made sweeping changes that affect individuals, businesses, trusts and estates.  This alert focuses on the impact of the Act on estate planning. Continue Reading

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Employer Alert – The Fiscal Year 2019 H-1B Visa Season is Almost Here

  Employers who hire foreign workers may already be familiar with U.S. Citizenship and Immigration Services (USCIS), the government agency that oversees lawful immigration to the United States. USCIS is also responsible for determining which foreign workers will be approved for the highly coveted H-1B skilled worker visa. Among all categories of ...

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