Don't Make the Grave Mistake: Avoid Making Duplicative Payments for Final Services!
Have you ever considered paying in advance for your funeral/burial expenses to save your loved ones the financial burden? If your finances allow you to do so, pre-paying for funeral/burial services is an efficient and effective step in your estate planning that can alleviate the often onerous task for your loved ones to undertake while grieving. A few words of caution if you do pre-pay for funeral/ … Read More
Thieves Pursuing Identities of the Deceased: Estate Plan Now!
Identity theft not only violates its victim's privacy rights, but often presents overwhelming challenges which can take years to repair the damage inflicted on one's credit and financial records. To add pain to misery, today millions of Americans are being haunted with an even more disturbing threat: criminals are now using the identity of a deceased loved one to apply for credit.
An ID analytics … Read More
ICE Storm Predicted Arizona Employers Beware, I-9 Audits are on the Rise
By: Kraig J. Marton, Esq. and Jerrie Martinez-Palombo, M.Ed., SPHR
In a speech to the US House of Representatives, Secretary of Home Land Security, Janet Napolitano, stated that since 2009, Immigration and Customs Enforcement ("ICE"), has conducted more than 6,000 audits of employers for I-9 compliance and levied fines to non-compliant employers of more than $76 million!
The Immigration Reform and … Read More
Eight Warning Signs of Potential Employment Termination and Eight Ways to Respond
By: Kraig J. Marton, Esq.
Many employees come in to work and suddenly find themselves laid off or terminated and without a job. The termination comes as a complete surprise. The employee has received warning signs which may or may not have been recognized. If an employee looks for and can recognize the signs, the employee may be able to avoid the termination, look for another job … Read More
Overtime Roulette: Seven Mistakes that Could Cost You
The Wage and Hour Division of the Department of Labor ("DOL") primarily ensures that employers are in compliance with the Fair Labor Standards Act, ("FLSA"). In short, the FLSA requires that non-exempt employees be paid at least the minimum wage for all hours worked and overtime pay at 1 ½ times their regular rate of pay for all hours worked in excess of 40 hours in a workweek. The FLSA also has child … Read More
Walmart's Employee Handbook Cost them $187.6 Million; What Could Your Employee Handbook Cost You?
Pennsylvania's Superior Court upheld a jury verdict of $187.6 million against retail giant, Walmart, Inc. in part for denying employee's meal and rest periods as promised in their employee handbooks. Walmart's violation regarding breaks and meal periods was not statutory but rather contractual.
Pennsylvania law does not require meal breaks or rest breaks to employees over 18 years of age. However, Walmart's … Read More
Adult Children under ACA - Age 26 Requires Changes to Employer Health Care Plans
If you are an employer that offers group health insurance to your employees and their children, you will soon be required to offer coverage to your employees' adult children up to the age of 26. Under current law, young adults typically lose health insurance coverage under their parents' plans at age 19 unless they are enrolled in college full time.* In addition, young adults covered through public … Read More
Grandfathered Plans Under Health Care Reform
As part of health care reform, on March 23, 2010, President Obama signed the Patient and Protection Affordable Care Act, into law. Employer-provided health care plans that existed as of March 23, 2010 and had at least had one person enrolled in the plan at such time, were exempt or rather grandfathered from many but not all of the provisions of the Act.
This is key, as grandfathered plans do not have to comply … Read More
Since the murder of a Yale Graduate student, workplace violence has become a predominate topic in the news. Investigators, from the beginning, have maintained that the murder of Annie Le was an instance of workplace violence, asserting such claims as though to relieve the anxiety of students, faculty, and media. However, workplace violence is one of the leading causes of job related deaths and the fastest growing … Read More
The Fair Labor Standards Act: Minimum Wage, Overtime and Travel Time
The purpose of this white paper is to provide an overview of the Fair Labor Standards Act and related laws in the context of the requirement of paying minimum wage, overtime and travel time for many employees.
The Fair Labor Standards Act (the "Act" or "FLSA") was enacted in 1938 as part of President Franklin Roosevelt's "New Deal" legislation. The goal of the Act is to maintain the "minimum … Read More