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Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events

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When is Money from Family Considered a Loan Versus a Gift?

It is very common for parents to provide funds to their children over their lifetime, but are these transfers gifts or loans? A recent ruling in the Tax Court, Estate of Bolles v. Commissioner, T.C. Memo. 2020-71, 119 T.C.M. (CCH) 1502 (June 1, 2020), highlights the importance in estate planning…

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Changes to the Estate and Gift Tax Laws Still Pending

It has been our hope that estate and gift tax reform would be settled by the time this article goes to print. Unfortunately, this is not the case. Revenue issues involving the debt ceiling and stop-gap spending are circulating in Congress at the same time as legislative priorities, like infrastructure,…

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OUT WITH THE OLD… NO LONGER: New Jersey’s Law Against Discrimination Amended to Eliminate Exceptions for Certain Age-Based Employment Actions

In response to an increasingly older workforce and higher ages in which employees are choosing to retire, on October 4, 2021, Governor Murphy signed a bill expanding the scope of the New Jersey Law Against Discrimination (“LAD”) by eliminating certain decades old provisions that permitted employers to make age-based decisions…

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Attention NY Employers: DOH COVID-19 Designation Triggers HERO Act Requirements

In June of 2021 the New York Legislature passed the HERO Act requiring employers to adopt an airborne infectious disease exposure presentation plan by no later than August 5, 2021.   Employers were free to use the State’s model plan entitled Airborne Infectious Disease Exposure Prevention Standards and Model Plans for…

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President Biden’s Vaccination Mandate: What Employers Need to Know

The aim of President Biden’s “Path Out of the Pandemic,” announced on September 9, 2021, is to increase the number of vaccinated workers across the country.  To that end, the plan includes several requirements that will affect more than 80 million private sector workers and most workers in the public…

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What Employers Need to Know About Vaccination Mandates and Incentive Programs

Employers are faced with a variety of legal questions when determining whether to mandate COVID-19 vaccinations and other safety protocols in the workplace. These questions are further complicated by varying opinions on the safety of vaccines and whether such mandates impose upon the privacy rights of employees.  This article outlines…

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New Jersey Adopts Initial Cannabis Regulations Addressing Licensing and the Application Process

At a meeting of the New Jersey Cannabis Regulatory Commission (the “CRC”) held on August 19, 2021, an initial set of regulations were adopted which will govern the recreational cannabis industry in New Jersey. These are not the full set of regulations that will be needed to govern the industry…

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Thinking About How to Maximize the Number of Vaccinated Employees in Your Office?

As the Delta variant of COVID-19 continues to spread, many businesses have begun to mandate that their employees get vaccinated as a condition of employment. While there are innumerable benefits to having a fully vaccinated workforce, not every employer may want to pursue such a heavy-handed approach. Alternatively, employers may…

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Confusion in the Workplace Over Masks, Vaccine Mandates and Medical and Religious Exemptions to Vaccination

Since the onset of the pandemic in March 2020, employers have been grappling with an ever-changing landscape of federal and state mandates and recommendations. The situation is further complicated by varying opinions about how the pandemic should be handled as well as the efficacy or safety of the vaccines.  Employers…

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New Jersey Cracks Down Further on Employee Misclassification

In early 2020, Governor Murphy signed a series of bills aimed at identifying and penalizing businesses for misclassification of employees as independent contractors.  On July 8, 2021, New Jersey enacted four additional laws to further its previous efforts to combat misclassification of workers. A5890: Injunctions and Stop-Work Orders   This…