Aug
11
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Clients often ask me when their trial is or when their matter can be heard before the court. This is obviously a tough question to answer because it depends on the resources of our court system. Some hearings may be heard in a few months, whereas trials may be set a year to two years from the date of the trial setting conference.
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Jul
15
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The U.S. Department of Labor recently announced that more than 500,000 veterans have been hired through the U.S. Chamber of Commerce’s Hiring Our Heroes program. As part of the announcement, Secretary of Labor Tom Perez discussed efforts to create employment opportunities for veterans, claiming it has become an “all hands on deck” enterprise. That is good news, as it is estimated that more than 2 million veterans have returned from Iraq and Afghanistan and veteran unemployment rates are around twice the national average.
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Jun
23
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Getting through a child custody case the first time is hard enough. More often than not emotions have run high, feelings have been hurt, and a family begins to adjust to the new normal. Unfortunately, it is not uncommon that those same families will return to seek legal assistance. In such situations a child custody arrangement can be modified.
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Tags : Family Law

Jun
02
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On May 18, 2016, the Department of Labor (“DOL”) issued final rules relating to the Fair Labor Standards Act (“FLSA”) that updated the minimum salary amount that is required for an employee to be considered “exempt” under the FLSA. Under the final rules, which will go into effect on December 1, 2016, the DOL increased the minimum salary amount for employees performing certain duties to be considered exempt from $455 per week ($23,660 per year) to $913 per week ($47,476 per year). The DOL also put into place a mechanism by which the minimum salary amount will be updated every three years.
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Jun
02
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On May 13, 2016, the Department of Education’s Office for Civil Rights issued a Dear Colleague letter that summarized a school district’s Title IX obligations regarding transgender students. While the Dear Colleague letter provides guidance on what the Department of Education has determined to be required practices relating to transgender students, Iowa laws and policies already required similar practices.
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Tags : School Law

Jun
02
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On May 9, 2016, the Equal Employment Opportunity Commission issued a memorandum entitled “Employer-Provided Leave and the Americans with Disabilities Act”. Under the Americans with Disabilities Act (“ADA”), any employer with 15 or more employees must provide reasonable accommodations to applicants and employees with disabilities that require such accommodations due to their disabilities.
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Apr
29
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Almost two years ago, the President signed a “Presidential Memorandum” which directed the United States Department of Labor (“DOL”) to update the regulations regarding the so called “white collar” salary exemption from overtime. The DOL reports on its website that it “embarked on an extensive outreach program, conducting listening sessions in Washington, DC, and several other locations, as well as by conference call … attended by a wide range of stakeholders: employees, employers, business associations, non-profit organizations, employee advocates, unions, state and local government representatives, tribal representatives, and small business … to address, among other issues: (1) what is the appropriate salary level for exemption; (2) what if any changes should be made to the duties tests; and (3) how the regulations could be simplified.”
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Feb
24
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On December 28, 2015, the IRS delayed the dates by which employers must submit 1095-C forms to their employees and to the IRS. Employers must now provide Forms 1095-B and 1095-C to employees by March 31, 2016 (was previously February 1, 2016). Additionally, employers now have until May 31, 2016, to file hard copy Forms 1094-B and 1094-C with the IRS (was previously February 29, 2016) and until June 30, 2016, to electronically file Forms 1094-B and 1094-C with the IRS (was previously March 31, 2016).
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Dec
28
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When is reporting required? Starting in 2016, any employer identified as an “applicable large employer” under the Affordable Care Act (defined as an employer with fifty or more full-time or full-time equivalent employees) will be required to submit forms to the Internal Revenue Service. These forms outline the insurance coverage available to employees and will allow the IRS to determine if the employer owes a payment pursuant to the employer shared responsibility provisions of the Affordable Care Act. These reporting requirements were optional in 2015 (for insurance coverage offered in 2014), but are mandatory in 2016 (for insurance coverage offered in 2015).
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Dec
28
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What is the Cadillac Tax? The Affordable Care Act contains a provision that has become known as the “Cadillac Tax” and establishes a tax on health insurance plans with higher premiums. This provision was put in place to help control the increasing costs of health insurance premiums that are generated from benefit-rich health insurance plans. The concern with such plans is that employers are providing benefit-rich plans, which result in higher premiums that are not taxable, instead of providing a higher income and a plan that does not offer as many benefits. Therefore, the employee is receiving the same total benefit, but less tax is being generated from that benefit (because more of the benefit is from the non-taxable premiums).
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Disclaimer:  This Blog provides occasional, general postings only and should not be construed as legal advice or the opinions of Lynch Dallas, P.C. These blog postings are not a substitute for seeking professional legal counsel, and you should not act in reliance upon the information contained these blog postings without consulting an attorney about your specific situation. In addition, you should not rely on these occasional, general blog postings as your sole source of information regarding changes and/or developments in the law.