By: Amy Drushal Your decision to hire a new employee or promote an existing one may depend on the findings of a background check. Did you know that you need to comply with the Fair Credit Reporting Act (the “FCRA”) if you perform background checks? Despite its name the FCRA does not just…
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By: Alicia Koepke The National Labor Relations Board (NLRB) recently held that employees who have access to company email systems are presumptively allowed to use those email systems on nonworking time to engage in statutorily protected communications, such as communicating with other employees about the terms and conditions of employment. Consequently,…
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Originally published in For The Defense, DRI Trial Tactics Magazine, October 2014. Introduction This article provides a list of best practice tips to avoid legal malpractice claims, but also illustrates, through examples from cases, how incorporating these best practices will help you better defend against a legal malpractice lawsuit. However, this article…
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By: Tate Taylor and Marla Bohlander On July 1, 2014, the Internal Revenue Service (“IRS”) released a new application form to assist small charities applying for recognition of tax-exempt status for federal income tax purposes under section 501(c)(3) of the Internal Revenue Code. The new Form 1023-EZ is three pages long…
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By: Tate Taylor and Gary Teblum In 2013, the Florida Legislature adopted the Revised Florida Limited Liability Act. The Revised LLC Act restates the Florida laws governing LLCs in an entirely new Chapter 605, which succeeds the prior LLC Act found in Chapter 608. A complete review of the Revised LLC Act is beyond the scope of this alert,…
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The employer “shared responsibility” provision of the Affordable Care Act, is commonly referred to as an “employer mandate.” But it is more aptly called the “pay or play” rule, because employers will still not technically be required to offer or provide health care coverage to their employees at any time.…
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By: Diana L. Hayes Florida joined with a majority of states in adopting the 2010 changes to Article 9 of the Uniform Commercial Code (Ch. 679, Fla. Stat.), which governs security interests in personal property. Consistent with the targeted uniform effective date, Florida’s changes (which include certain minor modifications from the…
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