2016 Budget Targets Retirement
April 02, 2015
In February, the Obama Administration's Fiscal Year 2016 Budget was published, along with the Department of Treasury's Greenbook, a detailed explanation of the President's proposed budget. Because the proposed legislation must pass a Republican-led Congress, the President's budget may be "aspirational.
Credit Bidding: Secured Creditor Beware
April 02, 2015
The right to credit bid under section 363(k) of the Bankruptcy Code can be an important safeguard that protects a secured creditor against the risk that its collateral may be undervalued at an asset sale, and courts have traditionally described a secured creditor's right to credit bid as fundamental and near absolute. However, as some bankruptcy courts have recently reminded us, the right is not absolute, and may be limited by the bankruptcy court "for cause" under section 363(k) of the Bankruptcy Code.
Recent NLRB Actions
April 02, 2015
Over the last few years, the NLRB has dramatically expanded employee rights to engage in "protected concerted activity" by limiting employers' use of many standard employment policies and practices. Now, the NLRB is implementing sweeping changes to the decades-old representation election process, making it faster and easier for unions to organize the workplace.
The 2015 Employer Mandate Is Here
April 02, 2015
The year 2015 is here and so is the Affordable Care Act's (ACA) employer "play or pay" mandate, which has been delayed, in total or in part, twice.
Post-Divorce Cash Flow and Financial Workability
April 02, 2015
Once a stipulation of settlement is entered into or a divorce has been finalized, courts are reluctant to change the terms. If a client complains that he or she was uninformed, made a poor financial decision, or did not properly handle the assets post-divorce, the likelihood of modification or reformation is, at best, slim.
<b><i>Practice Tip:</b></i> Health Savings Accounts As Assets in a Divorce
April 02, 2015
As health care options continue to evolve, there has been a proliferation of high-deductible plans with the most popular being a health savings accounts (HSA). This plan takes advantage of the unique tax rules created by the IRS to maximize pre-tax contributions and appreciation on investments made within the account.
Alimony Reform in 2014: A Review
February 28, 2015
After almost three years of legislative debate over proposed versions of the law, alimony reform has now come to New Jersey. This article reviews the reform of the New Jersey Alimony Statute, and discusses how those changes compare with the reform of alimony laws in other states.
'Independent Covenant' Language
February 28, 2015
Most often, a former employee will claim that the former employer breached the employment agreement . When such a defense is raised, an injunction hearing that should focus on the former employee's wrongful post-employment conduct instead often digresses into an argument about what compensation agreement existed and whether the former employer breached that agreement .
President Obama's Executive Action on Immigration
February 28, 2015
Headlining the Executive Actions announced by President Obama on Nov. 20, 2014, were plans to defer the removal of, and to provide work authorization to, undocumented immigrants who have lived in the United States for more than five years and are parents of U.S. citizens or lawful permanent residents. In addition, the administration will expand the existing Deferred Action for Childhood Arrivals (DACA) initiative.
<i>EEOC v. Ruby Tuesday</i>
February 28, 2015
Ruby Tuesday Inc. is a restaurant chain known throughout the U.S. for its burgers and casual family-friendly atmosphere. Unfortunately for the company, the U.S. Equal Employment Opportunity Commission (EEOC) apparently wants to make it known for something less savory: a novel approach to sex discrimination.
