employer gps tracker

Earlier this year, New Jersey Governor Phil Murphy signed into law Assembly Bill No. 3950, which requires employers in the State to provide written notice to an employee before using a tracking device on a vehicle used by the employee. The new law, which went into effect on April 18, 2022, recognizes that employers may have a legitimate business interest in being able to track their workforce’s whereabouts—particularly when traveling or working offsite—while also reconciling that with the protection of workers’ privacy rights. At the very least, the days of covertly tracking employee vehicles appear to be a thing of the past.

Continue Reading New Jersey Employers Are Now Required to Provide Written Notice Before Using Tracking Devices in Employee-Operated Vehicles

Last Will & TestamentWhen considering whether to contest a decedent’s Last Will and Testament, an individual should consider whether red flags might be present which may point to a successful basis to challenge a disputed Will. The purpose of this article is to examine potential red flags which could highlight a potential issue with a Will which may lead to its invalidation. While this list is not exhaustive, these red flags tend to be the most frequently encountered issues concerning improperly drafted and/or executed Last Wills and Testaments.

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Internal Revenue Service IRS Issues Proposed Minimum Distribution Rules

The Internal Revenue Service (IRS) recently issued much anticipated proposed regulations that clarify and revise some of the required minimum distribution (RMD) rules for qualified plans (i.e. 401ks, 403bs, etc.) and individual retirement accounts (IRAs). While the proposed regulations are subject to further action in the late Spring of 2022, they contain a few important potential changes for both spouse and non-spouse beneficiaries.

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In 2022, the annual exclusion for Federal Gift Taxes increased to $16,000 per person per year. Although there is near-universal acceptance of the importance of gifting, there are several issues you should consider before making any gifts. The manner in which gifts are made can have a major impact on your beneficiaries. This is particularly true if the recipient is under 21 years of age, and it can be an acute issue if the recipient is a minor under the age of 18. Outright gifts to children and grandchildren have their own drawbacks, including limited control over the gifts made, exposure to creditors, divorce, and other issues involving the beneficiary. For these reasons, trust options should be considered to afford greater protection and structure for your intended beneficiaries.

Continue Reading The Annual Exclusion for Gift Taxes has Increased to $16,000 – What Issues Should I Consider?

McDonald's No Poach Clause in Franchise AgreementsFor the past few years, it seems franchisors have been riding a roller coaster when it comes to no-poach clauses in their franchise agreements. While for a time it seemed as though scrutiny for such clauses might be fading, on February 17, 2022, the Department of Justice (“DOJ”) filed a motion requesting permission to file a statement of interest in an ongoing case involving restrictions contained in McDonald’s’ franchise agreements. These restrictions prohibit the solicitation or employment by franchisees of individuals who had worked at another McDonald’s. McDonald’s had been relying on an existing statement of interest filed in a separate case by the DOJ during the previous administration’s tenure that called for an evaluation under the “rule of reason” rather than as a “per-se” violation under the Sherman Act.

Continue Reading No-Poach Clauses in Franchise Agreements: The Saga Continues in 2022

New York Commercial Finance Disclosure Law | NY State CapitolOn December 23, 2020, then Governor Andrew Cuomo signed into law NY CLS Fin Serv §§ 801-812 (the “Disclosure Law”) with the intended purpose of “requiring certain providers that extend specific terms of commercial financing to a recipient to disclose certain information about the offer to the recipient.” Although the law was slated to take effect January 1, 2022, the New York Department of Financial Services (“DFS”) issued a guidance on December 31, 2021, stating that the “obligations do not arise until the [DFS] issues final implementing regulations and those regulations take effect.” Given the latest regulations proposed by DFS provide for a compliance date six months after publication of the Notice of Adoption in the State Register, companies have until at least the summer of 2022 to comply with the Disclosure Law.

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work from home policies | remote work post-covidLet’s face it: remote, hybrid, and alternative work arrangements are here to stay. That’s not necessarily a bad thing. Though many employers already had accepted and adopted remote, hybrid, and alternative work arrangements before the COVID-19 pandemic (and the consequential quarantining that came with it), COVID-19 accelerated the need for workforce mobility and fundamentally changed who we hire and how, when, and where we work.

Continue Reading Remote & Alternative Work Arrangements – Strategies for Success and Reducing Risk

Once an individual is appointed an executor of an Estate, they are tasked with the proper and timely completion of the administration of the Estate, as well as the distribution of assets and property of the estate to its beneficiaries. Provided the executor understands his/her duty to the estate and seeks appropriate help in this process, the administration of an estate can be timely completed and assets appropriately distributed. Unfortunately, it is not uncommon for issues to arise in the administration of an estate. The below sub-headings address scenarios where an executor could be removed by the Court once an application is filed by a beneficiary of an Estate. This is not an all-inclusive list, but instead, discusses some of the main issues that are typically encountered. Continue Reading Removal of An Executor of An Estate

The last half of 2021 was virtually a ghost town for filing retail bankruptcies. However, the rise of the Omicron variant has significantly delayed a full return to normal for shopping centers. The good news is that the vaccines work, people are cautiously resuming activities, and the economy is running well. Still, with the end of both COVID-related relief and eviction moratoriums, there are a number of “problem tenants” that may not be able to recover or adapt, forcing them to use the bankruptcy process to stay viable.

Continue Reading 10 Retailers to Watch for a Bankruptcy Filing in 2022

Assemblyman Gary S. Schaer of New Jersey’s 36th District introduced a proposed bill, A.B. 1075, that would require all commercial liability insurance policies issued in New Jersey to include “faulty workmanship” within the definition of “occurrence.”

Continue Reading Proposed Bill Would Require All Commercial Liability Insurance Policies Issued In New Jersey to Specify Coverage For “Faulty Workmanship”