New 401(K) Investment Option

As of January 1, 2006, employers are able to offer a new retirement savings option, the Roth 401(k). The new account allows the features of a Roth IRA to be incorporated into the setting of a 401(k) account, but without the income restrictions that limit a Roth IRA. Contributions will be made with after-tax dollars, … Read more

AEDs Help Treat Heart Attacks . . .

But Can Cause Legal Headaches An automated external defibrillator (AED) is used to treat people suffering sudden cardiac arrest whose hearts have an irregular heartbeat. Since September of 2004, when the Federal Food and Drug Administration approved over-the-counter sales of AEDs, it has been possible for individuals and businesses to have AEDs on hand, instead … Read more

Social Security Number Verification for Employers

The Social Security Number Verification Service (SSNVS), set up by the Social Security Administration (SSA), allows employers to use the Internet to match their records of employee names and Social Security numbers with those of the Government’s before preparing and submitting W-2 forms. You can access the SSNVS at www.socialsecurity.gov/bso/bsowelcome.htm. This is a faster and … Read more

ADA Protects Employees with Cancer

Now 15 years old, the Americans with Disabilities Act (ADA) protects disabled persons from discrimination in employment settings. When you first think of individuals with disabilities, the millions of Americans who have some history of cancer may not immediately come to mind. But, as the Equal Employment Opportunity Commission (EEOC) discusses in a recently published … Read more

Property Transfers and Medicaid Eligibility

An applicant for Medicaid may have eligibility for benefits delayed if he or she has recently transferred real property to an individual for less than the fair market value of the property. A penalty period is imposed if the transfer took place during a span of time known as the “look-back” period. This provision is … Read more

Where to Sue? Websites Can Affect Jurisdiction

In a nation of 50 different systems of state courts and a highly interconnected national economy, the issue of when one state’s courts can assert jurisdiction over a nonresident person or business has always been fertile ground for litigation. State legislatures have addressed the matter with laws that are the civil counterparts to the notion … Read more

Summer 2009 Report from Counsel

“E-Mails Can Modify Contracts” informs of the possible ramifications of agreements made informally via email. “Roth 401(k)s” discusses the differences between Roth and Traditional 401(k) plans. “New Identity Theft rules Affect Businesses” outlines new precautions financial institutions and creditors should take to prevent abuses, and potential ramifications of noncompliance. “Religous Land-Use Lawsuits” discusses several disputes … Read more

Should You Incorporate Your Business?

Following fast on the heels of a decision to go into a particular kind of business is the decision about what kind of legal form it should take. The most common options are a sole proprietorship, a partnership, or a corporation. You may lean toward the corporate route because you like the sound of having … Read more

Sports Injuries

Lightning Strikes Golfer Patrick and his friend Christopher decided to get in some late-afternoon golf on a summer day that had seen periods of turbulent weather, but also some clear skies. As Christopher held the flag for Patrick to putt, a golf course employee sounded a horn to warn of lightning in the area. Patrick … Read more

The Hazards of Résumé Screening

It is popular now for employers to use screening tests, often administered on the Internet, to weed out a large portion of applicants for job openings before making the more difficult selections from among those who survive that first cut. Such tests are supposed to measure cognitive ability, personality characteristics, or, in fewer instances, the … Read more