Employers’ Notice Requirements to Separated Employees

Regarding Unemployment Benefits in New Jersey

By:  Linda B. Maalouf, Esq.

Under section 6(a) of the Unemployment Compensation Act of New Jersey, employers must give all separated employees instructions for claiming unemployment benefits via a revised version of Form BC-10, which advises employees of the time limits and instructions to file a claim for unemployment benefits. Employers are required to provide this Form to each employee at the time of separation, whether the employee was terminated or quit voluntarily. Employees who are laid off for any length of time, not just those laid off for more than 7 days as was previously the law, are also entitled to receive this Form.

Form BC-10 can be accessed at:

http://lwd.dol.state.nj.us/labor/ui/content/forms_index.html

If you have questions about your rights under this law, contact the firm of Winegar, Wilhelm, Glynn & Roemersma to speak with one of our experienced attorneys.

THE FOREGOING IS INTENDED TO BE A GENERAL DISCUSSION OF THE LAW AND IS NOT INTENDED TO BE CONSTRUED AS LEGAL ADVICE.  IF YOU HAVE A SPECIFIC QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK WITH AN ATTORNEY.

New Jersey Legal Ads Must Still be Published in Newspapers

By:  Jason D. Briel, Esq.

A New Jersey bill that would have allowed for local governments to advertise budgets, bids for services and other public records and notices only on the government entities websites was finally dropped. 

Government entities must continue to publish these types of legal ads in local newspapers.  This is a victory for the newspaper industry, which continues to struggle with the expansion of internet use as a source for local news.

Had the bill passed, local governments would have had to adopt local ordinances approving the switch to online legal notifications.  Local government would also have had to ensure there was free internet access within their jurisdiction.

THE FOREGOING IS A GENERAL DISCUSSION OF THE LAW AND SHOULD NOT BE INTERPRETED TO BE LEGAL ADVICE.  IF YOU HAVE A SPECIFIC QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK TO AN ATTORNEY

Update Regarding Online Casino Gambling in New Jersey

By:  Jason D. Briel, Esq.

Recently, the U.S. Justice Department made a finding that the Interstate Wire Act of 1961, the law which has been used to prohibit online gambling, in fact, only prohibits sports gambling. 

This ruling, unless it is reversed, will most likely lead to many states, including New Jersey, drafting online casino and poker legislation, opening the door for increased revenue to the State treasury.

THE FOREGOING IS A GENERAL DISCUSSION OF THE LAW AND SHOULD NOT BE INTERPRETED TO BE LEGAL ADVICE.  IF YOU HAVE A SPECIFIC QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK TO AN ATTORNEY

Misclassification of Employees as Independent Contractors

By:  Linda B. Maalouf, Esq.

It is no surprise that in an attempt to keep operating costs low, businesses (especially small businesses) sometimes classify workers as independent contractors instead of employees. By doing this, employers save money since independent contractors are responsible for paying their own taxes on the money they earn and are responsible for providing their own health insurance coverage. In an effort to crackdown on the misclassification of workers, the United States Internal Revenue Service has recently launched a new program called the Voluntary Classification Settlement Program. Under this Program, eligible employers can obtain substantial relief from federal payroll taxes they may have owed for the past, if they prospectively treat workers as employees. Whether a worker is an independent contractor or an employee depends on a number of different legal factors, some of which are outlined in IRS Form SS-8.

If you have questions about the classification of your workers, or are interested in filing an application with the IRS under the Voluntary Classification Settlement Program, contact the firm of Winegar, Wilhelm, Glynn & Roemersma to speak with one of our experienced attorneys.

THE FOREGOING IS INTENDED TO BE A GENERAL DISCUSSION OF THE LAW AND IS NOT INTENDED TO BE CONSTRUED AS LEGAL ADVICE.  IF YOU HAVE A SPECIFIC QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK WITH AN ATTORNEY.

Is Botox Tax Relief Finally Coming to New Jersey?

By:  Jason D. Briel, Esq.

The 2006 tax on Botox, signed into law by former New Jersey Governor Corzine may meet its end in the coming days.  The New Jersey legislature has passed a bill to repeal the tax.  Current NJ Governor Christie must make the final decision to sign the bill into law or veto it. 

When the botox tax was passed in 2006, it was expected to generate as much as $24 million per year. However, the tax is currently only raising about $10.8 million per year and those who oppose the tax assert the tax is too expensive to administer.

Governor Christie’s final decision on the matter will come in the next few days.  Either way, the decision whether to pass or veto the bill will leave many with a shocked (and in some cases wrinkle free and expressionless) look on their faces.

THE FOREGOING IS A GENERAL DISCUSSION OF THE LAW AND SHOULD NOT BE INTERPRETED TO BE LEGAL ADVICE.  IF YOU HAVE A SPECIFIC QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK TO AN ATTORNEY

Understanding the Family Medical Leave Act

By:  Linda B. Maalouf, Esq.

The Family and Medical Leave Act of 1993, 29 U.S.C. § 2601, et. seq. (“FMLA”) protects employees who take time off of work for family or medical-related problems, and ensures that employers do not retaliate against employees for taking the time off.

Under the FMLA, eligible employees who work for employers with 50 or more employees may take up to 12 workweeks of leave during any 12-month period for one or more of the following reasons:   (1) The birth of a child, and to care for the newborn child;  (2) The placement of a child with the employee through adoption or foster care, and to care for the child;   (3) To care for the employee’s spouse, son, daughter, or parent with a serious health condition;  and (4) Because a serious health condition makes the employee unable to perform one or more of the essential functions of his or her job. Furthermore, during FMLA leave, an employer must maintain the employee’s existing level of coverage under a group health plan, and at the end of FMLA leave, an employer must take an employee back into the same or an equivalent job.

If you have questions about your rights under the FMLA, contact the firm of Winegar, Wilhelm, Glynn & Roemersma to speak with one of our experienced attorneys.

THE FOREGOING IS INTENDED TO BE A GENERAL DISCUSSION OF THE LAW AND IS NOT INTENDED TO BE CONSTRUED AS LEGAL ADVICE.  IF YOU HAVE A SPECIFIC QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK WITH AN ATTORNEY.

Employers’ Notice Requirements to Separated Employees
Regarding Unemployment Benefits in New Jersey

By: Linda B. Maalouf, Esq.

Under section 6(a) of the Unemployment Compensation Act of New Jersey, employers must give all separated employees instructions for claiming unemployment benefits via a revised version of Form BC-10, which advises employees of the time limits and instructions to file a claim for unemployment benefits. Employers are required to provide this Form to each employee at the time of separation, whether the employee was terminated or quit voluntarily. Employees who are laid off for any length of time, not just those laid off for more than 7 days as was previously the law, are also entitled to receive this Form.

Form BC-10 can be accessed at:
http://lwd.dol.state.nj.us/labor/ui/content/forms_index.html

If you have questions about your rights under this law, contact the firm of Winegar, Wilhelm, Glynn & Roemersma to speak with one of our experienced attorneys.

THE FOREGOING IS INTENDED TO BE A GENERAL DISCUSSION OF THE LAW AND IS NOT INTENDED TO BE CONSTRUED AS LEGAL ADVICE. IF YOU HAVE A SPECIFIC QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK WITH AN ATTORNEY.

NJ Tax Court Gives Relief to NJ Couple Duped by Bernie Madoff

By:  Jason D. Briel, Esq.

The NJ State Tax Court ruled this week that no legal reason existed that should force the couple to pay taxes on “phantom income.”  Prior to this ruling, the New Jersey Division of Taxation had ruled that the profits were properly and deservedly taxed since the profits were available to the couple at the time.

The ruling will allow the couple to recoup $5,000.00 in taxes paid to the State based on fabricated profits created as part of Bernie Madoff’s historic Ponzi scheme.  With this ruling, the New Jersey couple found themselves escaping the Ponzi scheme relatively unharmed, unlike many other unlucky victims.  The couple had invested nearly $700,000.00 into the scheme, but had withdrawn most of that while the scheme was ongoing and received the rest from the Bankruptcy trustee after the scheme was exposed.

This ruling may allow other New Jersey taxpayers in similar positions to recover taxes paid to the State related to the scheme.  If you believe you fit into this class of taxpayer, do not procrastinate on attempting to take advantage of this latest ruling.   The statute of limitations allows taxpayers to amend tax returns only for the previous three tax years.

THE FOREGOING IS A GENERAL DISCUSSION OF THE LAW AND SHOULD NOT BE INTERPRETED TO BE LEGAL ADVICE.  IF YOU HAVE A SPECIFIC QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK TO AN ATTORNEY

Proposed Medical Marijuana Pot Farm Causing Stir in Local NJ Community

By:  Jason D. Briel, Esq.

As stated in a prior blog posted on July 28, 2011, New Jersey Governor Chris Christie approved a medical marijuana program for the State.  At the time, six medical marijuana dispensaries had been approved and could potentially be opened by the end of the year.

Currently, only two of the approved dispensaries have secured locations.  One of the centers, the Breakwater Alternative Treatment Center, has proposed a plan to grow medical marijuana by establishing a pot farm in Upper Freehold, New Jersey.  However, an over capacity crowd packed a community meeting where the Center intended to discuss their plan, causing the township committee to postpone the discussion until a later date.  The meeting will be rescheduled and held in a larger venue.  It has been reported that most who attended the postponed meeting were against the pot farm. 

Apparently, the fact that the State has devised a strict program with regard to medical marijuana has not quelled the concerns and fears of the general public.  Stay tuned.

THE FOREGOING IS A GENERAL DISCUSSION OF THE LAW AND SHOULD NOT BE INTERPRETED TO BE LEGAL ADVICE.  IF YOU HAVE A SPECIFIC QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK TO AN ATTORNEY

Landlords Must Mitigate Their Damages

By Jennifer Toth, Esq.

When a tenant moves out an apartment and still owes rent, the landlord has an obligation to mitigate their damages. Under the law, landlords must mitigate their damages by making reasonable efforts to relet the apartment to new tenants. This means that when a landlord sues a tenant for unpaid rent, they must prove to the Court that they attempted to release the apartment to another tenant. If the landlord did not make reasonable efforts, the Court may reduce the amount owed by the tenant.

THE FOREGOING IS A GENERAL DISCUSSION OF THE LAW AND SHOULD NOT BE INTERPRETED TO BE LEGAL ADVICE.  IF YOU HAVE A SPECIFIC QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK TO AN ATTORNEY