Articles

Documentation can be an employer’s best friend: Mar-16-2007 — An employer’s ability to produce documentation that supports the business judgments and actions the employer has made and taken regarding a complaining employee can be a vital factor in establishing a viable legal defense.
Employers should prepare for H-1B filing season starting April 1: Mar-05-2007 — Employers who wish to sponsor an alien employee for H-1B status should begin preparing now to file their petitions. It is anticipated that, this year, the quota will be met in the few weeks after April 1.
Sexual harassment must be prohibited in the workplace: Feb-27-2007 — A recent decision from one of the country’s most respected appellate courts highlights the importance of employers adopting and enforcing a policy prohibiting harassment in the workplace, including sexual harassment.
Florida courts take liberal interpretation of employee ‘misconduct’: Feb-21-2007 — Often, even if an employer has good grounds for terminating an employee, those grounds may not serve as a basis for disqualifying the worker from benefits under the unemployment compensation statute.
Prevent ex-employees from sharing trade secrets with competitors: Feb-12-2007 — In the absence of a covenant not to compete, a business can only prevent former employees from disclosing to third parties information obtained from the company that constitutes “trade secrets.”
FMLA requires time off for specific reasons: Feb-08-2007 — The Family and Medical Leave Act of 1993 requires private employers with 50 or more employees to grant qualifying employees 12 weeks of unpaid leave per 12-month period for certain reasons.
How unemployment compensation affects workers who voluntarily quit: Jan-29-2007 — Just because an employee quits his or her job does not mean that the worker will be denied unemployment benefits. If Florida's Division of Unemployment Compensation finds that the worker had good cause to quit, he or she may still qualify for benefits.
Form I-9 can be a catch-22 for most employers: Jan-22-2007 — Employer’s are obligated to verify that employees are authorized to work in the United States. The recent Immigration and Customs Enforcement raids on Swift Company emphasize the difficult position in which employers are placed.
Employers obligated to keep certain worker records: Jan-18-2007 — Before hauling out the shredder or the garbage bin (the shredder is probably safer), businesses should consider what their recordkeeping obligations are under federal and state employment laws.
New US Passport Rules and Expatriates: Jan-18-2007 — Beginning January 23, 2007, a US citizen travelling by air between the United States and Canada, Mexico, Central America, South America, the Caribbean, or Bermuda must present a valid US passport or Air NEXUS card to enter the United States.
What employers need to know about lie detector tests: Jan-08-2007 — Before even suggesting a polygraph test to employees, employers should be aware of the Employee Polygraph Protection Act.
Ex-workers may sue over negative comments by former employer: Jan-02-2007 — Florida law provides limited immunity from civil liability for employers who provide information about former employees to prospective employers, provided the former employer acts in “good faith.”
Guidelines for creating employee handbooks: Dec-27-2006 — An employee handbook is an extremely important document for an employer, as it can provide legal protection for the employer in the event of a lawsuit with employees.
ADA limits questions employers can ask about health, disabilities: Dec-18-2006 — In their weekly Boca Raton News column, Hodgson Russ partners Larry Corman and Glenn Rissman discuss employment-related medical inquiries under the ADA.
ADA has implications for food service industry: Dec-11-2006 — The ADA is one of the more difficult discrimination statutes with which to comply. Employers in the food service industry also have the difficult task of balancing public health requirements with the ADA.
State, federal laws regulate what you can ask at a job interview: Dec-04-2006 — Federal and state laws prohibit employers from discriminating against individuals in connection with all aspects of employment, including the recruitment, interview and hiring process.
Holiday parties do not give workers an excuse to break fraternization rules: Nov-27-2006 — It is fast approaching the office holiday party season. Employers should once again brush up on the “dos” and “don’ts” of the holiday season to reduce the risk of lawsuits arising from holiday festivities.
Employers should use common sense to avoid harassment suits: Nov-20-2006 — Sex discrimination includes discrimination on the basis of one’s gender, sexual harassment, and pregnancy discrimination. In addition, in 1989 the Supreme Court recognized the theory of sex stereotyping as a form of sex discrimination.
Dress code, religious beliefs require 'reasonable accommodations': Nov-13-2006 — Dress and appearance codes have been objected to and challenged by some employees in court on the grounds that the employer’s policy requires the employee to act in a way that violates the employee’s religious beliefs and practices.
Know Florida's minimum wage law: Oct-27-2006 — Florida’s voters overwhelmingly approved an amendment to the state Constitution establishing a minimum wage higher than the federal minimum wage set by the Fair Labor Standards Act.
Employers use loopholes to beat anti sex-discrimination laws: Oct-20-2006 — Employers can engage in employment discrimination if they can establish that it is essential. Whether or not a particular business truly requires and justifies sexual discrimination when employing workers is often a subject of vigorous dispute.
Marketing limitations and the fax machine: Oct-16-2006 — Q: I am considering a unique marketing program involving faxing materials to existing and prospective customers. Is there any limitation on my use of the fax process to market my company?
Anti-Discrimination in Employment: Retaliation Gets Personal: Oct-12-2006 — The United States Supreme Court has substantially lowered an important barrier to proving a retaliation claim under Title VII of the Civil Rights Act of 1964, the model for most anti-discrimination in employment statutes.
Harassment is unacceptable employers must put it in writing: Oct-12-2006 — To comply with pertinent federal and state discrimination laws, the employer's legal position, as established by a written personnel policy, must be that sexually harassing behavior is unacceptable in the workplace.
Travel concerns regarding passport requirements: Oct-09-2006 — Q: I am planning to travel outside the U.S., will I need a passport to reenter the U.S.?
Weighty issue of morbid obesity, protection from discrimination: Oct-06-2006 — Since the enactment of the Americans with Disabilities Act, the EEOC has taken the position that people who are morbidly obese (body weight more than 100 percent over the norm) are disabled and protected under the ADA.
Deed brings responsibility: Oct-01-2006 — Q: My boyfriend and I want to buy a house but I cannot afford to contribute to the household expenses. He says he will put my name on the deed and I will not have to worry about the expenses. Are there any legal concerns with such an arrangement?
Employers must be cautious when reporting worker ethnicity to Feds: Sep-29-2006 — The EEOC warns that if employers gather post-employment data on race or ethnicity that such documentation should be kept separate from the employees’ personnel files and other records that might be accessed by those responsible for personnel decisions.
Have estate docs reviewed if you move: Sep-24-2006 — Q: I recently moved from to Florida and have established my Florida residency. My neighbor tells me it is necessary to re-write my will and other estate planning documents in Florida and I am wondering whether this is so. Can you please advise me on this?
Requiring an employee to arbitrate disputes isn’t easy: Sep-22-2006 — Given the prevalence of employment litigation, many employers find it beneficial to explore means to potentially limit their exposure to damages and litigation costs. But requiring an employee to arbitrate employment disputes is easier said than done.
Posibility of post-marriage support for a non-citizen: Sep-18-2006 — Q: My daughter is married to a European citizen who she “met” through an international Internet dating/marriage service. Can my daughter be required to support her former husband even though they have been married only a short time?
Questions to job interviewees should be strictly job-related: Sep-15-2006 — There are numerous federal and state laws that prohibit discriminationagainst various classifications of people in connection with employment, housing and public accommodations.
Homeowner’s environmental issues: Sep-11-2006 — Q: My wife and I are looking for a new home and our realtor mentioned there may be environmental issues we should be aware of prior to signing any contract. We’re not certain what we should be looking for. Can you help us?
Does the right to privacy exist in the workplace?: Sep-06-2006 — Employers are well within their legal rights to monitor employees' computer usage, internet use, and voicemail, provided they first take some precautionary steps.
Converting Florida LLCs into Corps: Sep-04-2006 — Q: Can I convert a Florida limited liability company into a Florida corporation and vice versa?
Seven steps before saying, 'You're fired': Sep-01-2006 — Businesses can incur substantial expenses and be exposed to significant potential or actual liability if appropriate termination procedures and policies are not in place.
Florida intangible tax repealed: Aug-29-2006 — On July 27, 2006, Governor Bush signed into law the repeal of the recurring tax on intangible personal property, effective January 1, 2007.
Looking for options when getting money from bankrupt party: Aug-28-2006 — Q: My former husband owes me $10,000 in past due child support that was awarded to me in my divorce judgment, but now has filed for bankruptcy seeking to discharge the obligations he owes me. What can I do?
Office romances may touch the heart, but enflame employer liability: Aug-24-2006 — Employers may face workplace disruptions and exposure to legal liability when workplace relationships go awry.
Former NY residents find it’s not easy to leave the Big Apple behind: Aug-21-2006 — Q: Since moving to Florida five years ago friends have told us that the only thing we need to worry about is making sure we are not in New York for more than six months a year. How can we be sure we will not get trapped by the New York tax auditors?
Background checks part 2: The Fair Credit Reporting Act: Aug-17-2006 — Before requiring background checks as part of the hiring process, employers must be aware of and comply with the federal Fair Credit Reporting Act, which places limits on the use of such checks and creates rights for employees and others subject to them.
Asking potential new employees certain personal questions may not be legal: Aug-08-2006 — The recruiting and training process is often a significant business expense, which makes identifying individuals with the potential of becoming excellent employees an economic imperative.
Social Security 'no-match letters' carry new impact: Aug-01-2006 — It is a violation of federal law for an employer to knowingly hire or continue to employ an alien not authorized to work in the U.S. and all employers are required to verify the identity and work authorization of all newly hired employees.
Applying out-of-state taxes to retirement stock options: Jul-31-2006 — Q: I retired and moved to Florida two years ago. My old New York employer had issued stock options to me when I worked in New York, and I plan to exercise them this year. Since I live in Florida, will I have New York taxes on the stock option income?
Employers must make 'accommodations' for disabled: Jul-25-2006 — When interviewing applicants for employment positions, employers must be aware of their legal obligation to avoid discriminating against individuals with attributes or characteristics that are protected by federal or state statutes.
Employers, be wary: Court widened meaning of 'retaliation': Jul-18-2006 — The U.S. Supreme Court resolved a difference of opinion as to what actions constitute prohibited retaliation under Title VII of the Civil Rights Act of 1964.
Transfering wills from one state to another: Jul-17-2006 — Q: Shortly after my wife and I signed new wills I was transferred to Florida. Do we have to sign new wills? A: Probably not.
Property line disputes in Florida: Jul-14-2006 — Q: I installed a fence to help solve an ongoing personality clash with my neighbor. My neighbor now claims that the fence is located on his property and is demanding that I either move the fence or remove it. Am I legally obligated to move the fence?
FDIC increases protection for retirement funds: Jun-30-2006 — The new rules, however, do not insure non-retirement accounts at the same institution.
Office romances: Legal and practical implications affecting the bottom line: Jun-30-2006 — Written policies may help limit an employer’s liability exposure.
Residency audits may challenge “former” New Yorkers: Jun-30-2006 — The 183-day rule is just the beginning. Are you still a New York State resident? The New York State Department of Taxation and Finance may not agree with your answer.
Reducing litigation risks in US business transactions: May-18-2006 — A failed deal is bad enough; having to contend with the expense and uncertainty of litigation can be a catastrophe. This is even more so for cross-border transactions, given the marked differences between the Canadian and U.S. legal systems.
Veterans' re-employment rights: May-18-2006 — USERRA prohibits employers from discriminating against past and present members of the uniformed services and establishes reemployment rights for service members who want to return to the jobs they held prior to uniformed service.
Final and Temporary PFIC Regs: Feb-01-2006 — On December 8, 2005, the IRS issued final, temporary, and proposed regulations providing guidance for taxpayers that continue to be subject to the passive foreign investment company (PFIC) excess distribution regime of IRC § 1291.
Tax Alert: Corporate Inversions—Recent US Tax Developments: Jan-23-2006 — The U.S. enacted new “corporate inversion” tax rules in 2004 that affect a wide range of cross-border transactions. Two recent U.S. tax developments may clarify and modify certain aspects of these rules.
IRS: Abusive USRPI Transactions: Dec-01-2005 — In its continuing quest to stop tax abuse, the IRS recently outlined two types of US real property transactions involving foreign (non-US) persons that the IRS views as abusive transactions designed to circumvent the US withholding tax.
Tax Alert: Katrina Emergency Tax Relief Act of 2005 (KETRA): Nov-04-2005 — As a result of this temporary provision, individual taxpayers can almost totally eliminate their federal taxable incomes for 2005.
US-Mexico: Transparencies: Nov-01-2005 — The United States and Mexico have agreed on when treaty benefits extend to a fiscally transparent entity formed under the laws of either country.
How Homestead Can Impact Florida Estate Plans: Oct-27-2005 — This article by Hodgson Russ partner Brian K. Duffey is reprinted with permission from the 2006 Annual Edition of South Florida Legal Guide.
Ten Tips to Prevent Identity Theft: Oct-15-2005 — This article includes ten tips for companies seeking to avoid incidences of identity theft as well as civil liability for such incidences.
Cross-Border Income Securities: Oct-01-2005 — Income trusts have become popular with US companies that make Canadian public offerings. New variations may be more attractive to Canadian investors.
How to protect against wrongful termination lawsuits: Aug-25-2005 — This article by Hodgson Russ partner Larry Corman was originally published in the Legal Views Q&A column, July 30, 2005 edition of the Boca Raton News. Reprinted with permission.
Personal debt obligations or liability of a new corporation: Aug-25-2005 — This article by Hodgson Russ partner Arnold M. Zipper was originally published in the Legal Views Q&A column, August 20, 2005 edition of the Boca Raton News. Reprinted with permission.
7 Steps to Take Before Saying “You’re Fired”: Jul-25-2005 — Businesses can incur substantial expenses and be exposed to significant potential or actual liability if appropriate termination procedures and policies are not in place.
Cross-Border Estate Planning Basics: Jul-25-2005 — Canadian residents who acquire property located or deemed to be located in the United States are subject to potential U.S. estate tax on the value of that property owned at death.
Florida Estate Plans: Mind Your Xs and Os: Jul-25-2005 — The provisions of the Florida Constitution regarding homestead can cause an otherwise perfectly well-crafted estate plan to take an unexpected turn, thereby creating unintended consequences.
Health Care Declarations and End-of-Life Decision Making: Jul-25-2005 — The best advice is for an individual to put his or her desires regarding treatment in writing in a document commonly called a health care declaration or advanced directive.
Planning for Beneficiaries With Special Needs: Jul-25-2005 — Planning for beneficiaries with special needs requires special attention and special drafting of estate planning documents.
Prenuptial Agreements and Estate Planning Documents: Coordination Is Key: Jul-25-2005 — To prevent the unfortunate circumstances of the surviving spouse having to litigate with the estate of the late spouse, it is vital that the spouses, while both are alive, draw estate planning documents that mirror the terms of the prenuptial agreement.
Taking the Mystery Out of Divorce Cases: An Overview of Florida Dissolution of Marriage: Jul-25-2005 — The following overview of the fundamental issues of divorce cases in Florida may help take some of the mystery out of the intricate and often intimidating process of getting a divorce.
Will and Trust Contests in the Real World: Jul-25-2005 — While lawsuits may always be prevalent in our society, giving greater thought to the reactions of your heirs to your testamentary plan—along with taking appropriate actions—may help reduce the likelihood of probate or trust litigation after you are gone.
Woodside Village Revisited: Florida Legislature Restores Condominium Leasing Rights: Jul-25-2005 — If you presently own a condominium in Florida and the governing documents are amended in the future to prohibit leasing, you can rest assured that you will still have the right to lease out your unit.
Second Circuit Update: Jun-06-2005 — A brief review of recent notable decisions from the Second Circuit, including cases involving arbitration, electronic privacy, securities litigation, and trademark and copyright infringement.
Temporary Stays in New York: A New Set of Rules in Residency Audits?: Mar-21-2005 — The tax department now takes a more stringent view of the temporary assignment rules and has coupled that shift in policy with an increased focus on the issue in residency audits.
Filing Considerations for Provisional Patent Applications: Sep-12-2004 — The filing of a U.S. provisional patent application preserves foreign filing rights in all Paris Convention countries and disclosures made after the filing will not adversely affect the ability to file foreign patent applications in those countries.
Reach-Through Claims Declared Invalid: Sep-12-2004 — “Reach-through” claims refer to claims for products or uses for products when experimental data is provided for screening methods or tools for the identification of such products.