November 2013

The law is strict about providing FMLA notice to workers

When an employee takes leave under the federal Family and Medical Leave Act, the employer is supposed to quickly provide him or her with certain notices. These may include an “eligibility” notice, a “rights and responsibilities” notice, and a “designation” notice. Although these notices can be somewhat technical, they’re strictly required to protect your rights. The Wackenhut Corporation found this out the hard way when Jacqueline Young took 12 weeks of FMLA leave. Once her leave

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Company buys rival’s assets, also buys itself a lawsuit

By the time Wisconsin-based JT Packard & Associates ran into financial trouble, it was also the target of a lawsuit by employees who claimed they hadn’t been paid overtime. Eventually, Packard went out of business, and its assets were sold to a company called the Thomas & Betts Corp. As part of the sale agreement, Thomas & Betts specifically said that it wasn’t assuming liability for the overtime claim. When a company purchases the assets of

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It’s easier to deduct a home office

The IRS has made it easier to deduct a home office, starting in 2013. In the past, the home office deduction was very difficult to document, and the IRS was very suspicious of it. Even people who could legitimately claim the deduction were often hesitant to do so for fear that it could trigger an audit. This year, though, the IRS has created a “safe harbor” for taxpayers. You might not be able to deduct every

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Visa rules for foreign employees leave many companies stymied

Companies that want to hire foreign workers with specialized skills and expertise are facing a growing bottleneck with the H-1B visa program, which allows skilled foreign employees a visa if they are sponsored by an American employer. The number of visas is capped at 65,000 a year, with an additional 20,000 possible under a special program for applicants with master’s degrees and doctorates. This year, the government was flooded with 124,000 applications, and the cap was

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Why you should have a written telecommuting policy

More and more companies are allowing employees to work from home. That can be great … but working from home raises a lot of legal issues that many managers simply aren’t aware of. If you allow telecommuting – even if you allow it for only a few employees, or only part of the time – it’s a good idea to have a written policy that will protect you if questions arise or if something goes wrong.

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Attorney Mary Hart

I am a part time real estate agent and have known Attorney Hart from the Beliveau Law Group for six years. She has handled many of the real estate transactions for my clients, family members as well as myself. She is a very dedicated and responsible attorney who always goes the extra mile to complete the tasks on the client’s behalf. She answers questions promptly, and I can even talk to her late in the evening

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Don’t get tripped up by a wash sale

Are you eyeing your portfolio with year-end investment loss harvesting in mind? Before you place those sell orders, take a moment to review the “wash sale” rules. A wash sale occurs when you sell a stock, bond, or mutual fund and buy the same or a substantially identical security within 30 days before or after the sale. When this happens, you’re barred from deducting a tax loss on the sale. Instead, your cost basis of the

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Kickoff of health care law for individuals

Although the employer mandate for providing health insurance coverage to workers under the Affordable Care Act (ACA) was postponed for one year – until January 1, 2015 – the rules for individuals remain in place, at least for the foreseeable future. What are your main rights and responsibilities under the ACA? Here’s a brief summary. Essentially, unless you are already covered by an employer’s plan, Medicare, or Medicaid, you’re required to obtain coverage on your own

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1099s: A little form with a painful bite

When Congress tried unsuccessfully to expand the Form 1099 filing requirements a couple of years ago, at least one thing was accomplished. It raised awareness of an important IRS business reporting rule. And at $100 per infraction, the penalty for ignoring this regulation can be painful. That’s right; the IRS can fine you $100 for each 1099 form that you fail to file, up to a maximum penalty of $1.5 million. The most common Form 1099

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