While many may be familiar with Special Needs Trusts, some are still not familiar with tax-free Achieving a Better Life Experience (ABLE) savings accounts which were created under a 2014 federal law and currently available in New Jersey (and 46 other states). Funded correctly, ABLE accounts permit disabled individuals and…
Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events
U.S. Supreme Court Issues Opinion on ERISA Breach of Fiduciary Duty
On Monday, Jan. 24, 2022, in the case Hughes vs. Northwestern, the U.S. Supreme Court ruled that a fiduciary’s duty to monitor investments in defined contribution retirement plans means the plan cannot include non-prudent investments. In reaching this conclusion, the Court recognized that fiduciaries have an ongoing obligation to monitor…
Alert: National Ban on Mandatory Arbitration for Sexual Assault and Harassment Claims to be Signed into Law
President Biden is expected to sign a bill amending the Federal Arbitration Act by banning pre-dispute employment arbitration agreements for sexual harassment and sexual assault disputes. The proposed law, “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” is the latest in a series of workplace changes…
With Sorrow, Lindabury Announces Passing of Former President David R. Pierce
It is with profound sadness that the law firm of Lindabury, McCormick, Estabrook & Cooper, P.C., announces its former president, David R. Pierce, passed away on February 3, 2022. Mr. Pierce served as Lindabury’s president from 2017-2021. Mr. Pierce concentrated his practice on environmental and land use issues and also…
NYC To Require Salary Ranges In Job Postings
A recent amendment to the New York City Human Rights Law aimed at promoting wage equity for women and minority groups historically receiving less compensation than other groups will have a large impact on recruiting practices for City employers. By doing so, New York City joins a national trend of…
Workers’ Compensation Presumption Reactivated with New Jersey’s Issuance of New Public Health Emergency
UPDATE: On March 7, 2022, Governor Murphy once again lifted the COVID-19 public health emergency, and consequently the presumption created by SB2380. In an effort to combat the rapidly spreading COVID-19 Omicron variant, on January 13, 2022, Governor Murphy reactivated a presumption that essential workers’ contraction of the virus is…
Nicole A. Kobis, Esq. discusses the challenges of “Divorce & Your Children” on Legal Breakdown
No one goes into a marriage expecting to be divorced, but when a family makes that tough decision, the last thing you want is for your children to be caught in the crossfire. Nicole A. Kobis, Esq., partner in Lindabury’s Divorce and Family Law Practice Group, discusses the challenges of…
SCOTUS Blocks OSHA Vaccination Mandate for Small Employers but Upholds CMS Mandate for Healthcare Facilities
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) requiring employers of 100 or more to adopt COVID-19 policies, maintain rosters of vaccinated employees, and provide paid time off to employees to vaccinate or recover from its effect. These mandates were to…
The Five-Day Rule: CDC Updates on COVID-19 Guidelines
As COVID-19 infection numbers continue to surge, the CDC released updated guidelines addressing the changing understanding of the Omicron variant. In a media statement issued on December 27, 2021, the CDC noted that the majority of COVID-19 transmissions happen earlier in the illness, typically prior to symptoms and two to…
The Impact of Divorce on Estate Planning and Wealth Management
Births, deaths, marriages and divorces reshape the definition of “family” for individuals on a constant basis. It’s no wonder, then, that family law and estate planning often go hand in hand. Estate planners and divorce attorneys alike are often presented with “what if” questions that span both areas of law.…