Over the past few years, class actions against large businesses for wage claims arising under the federal Fair Labor Standards Act (“the FLSA”) have received considerable press coverage. It’s therefore easy for employers doing business in New Hampshire to be more cognizant of their FLSA obligations, and to be less focused on New Hampshire state law requirements. The fact that a corporate officer or a corporate “agent” with management authority may be held individually liable for wage claims arising under New Hampshire law provides some powerful motivation for employers to increase their awareness of New Hampshire wage and hour law requirements.  [Contact Author]
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There has been non-stop press coverage this year about the state budget shortfall, the potential for devastating cuts to state government and state-supported services, and the increasing likelihood that state legislators will turn to a major new revenue source to help close the gap. Yet, the legislative session is nearly over and, so far, the problem is far from being solved. Obviously, something big will have to give - and soon. The Governor, state agency heads, and state legislators have been working hard on this problem and significant changes have already been made. But a gap of approximately $220 million remains, and there are only fourteen months left in the current budget cycle. This article examines the current status of the debate, the national context, and the outlook for the future. Unfortunately, it is not good news.  [Contact Author]
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Whether a guardian for a ward, or an executor of a decedent's estate, court-appointed fiduciaries wield awesome power over the assets of the vulnerable or deceased. Fiduciaries' powers that permit these court-appointees to make critical decisions, however, do not go unchecked. When court-appointed fiduciaries act improperly, the court making the appointment can and will take extraordinary action to identify and correct their conduct. [Contact Author]
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The new Form 990, introduced for the 2008 tax year, was the first major change in the Form since 1979. The change highlights the issues that the Internal Revenue Service (“IRS”) currently cares most about and, accordingly, those to which tax-exempt organizations should pay close attention.  [Contact Authors]
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Businesses facing potential liability for environmental cleanup costs have struggled with the often draconian method for assessing the extent of that liability, especially where other contributors to contamination have gone out of business or are otherwise unable to meet their obligations for cleanup costs. The threat of joint and several liability under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") was simply a presumed fact of life.  [Contact Authors]
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The Patient Protection and Affordable Care Act (signed into law on March 23, 2010) and the Health Care and Education Reconciliation Act of 2010 (signed into law on March 30, 2010) comprise the new federal healthcare legislation. This sweeping legislation overhauls the current federal healthcare system with reforms to be implemented over the next 10 years.  [Contact Authors]
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Most of our Good Company subscribers are probably aware that enactment of the recent health reform legislation included changes in the tax law. The health care debate so dominated the news that it would have been easy to miss other tax developments during the first quarter of 2010, including passage of the Hiring Incentives to Restore Employment Act (the "HIRE Act"), which created a tax credit to spur job creation this year. In this article, we will look at the impact on small businesses of the tax provisions of the health reform legislation and the major provisions of the HIRE Act, as well as other non-legislative tax developments that could affect you.  [Contact Authors]
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