Good Company Winter 2016 e-Newsletter

Featured Articles
Social Media and the Employee
From Hiring to Departure
by James P. Harris

Attorney James P. Harris Employees continually encounter new ways that social media impacts their workplaces. Social media touches on the entire lifecycle of employment as employers more frequently turn to social media to advertise and fill positions, confront employees' on-line postings, and contend with former employees' use of social media. Even though the laws regarding social media in the workplace are still evolving, several best practices have already emerged.  [Contact Author]
[FULL STORY - July 4, 2015 issue of the New Hampshire Union Leader]

Splitting Equity in Jointly Owned Property
by Megan C. Carrier

Attorney Megan C. Carrier It's a common story. You were in love, but you weren't married. You lived in a small rented apartment. One day, one of you said, “Hey, wouldn't it make sense for us to buy?” And the other one said, “Why, yes, it would. That way, we could build some equity, rather than throwing rent money into a black hole and getting nothing in return.” So, you bought a house together ... and everything was happy because you were in love … until one day, when you were no longer in love. This is an all-too-common situation, and it can be daunting and frustrating for joint owners - who are often already dealing with the emotional impact of a breakup - to figure out how to disentangle their respective interests in a piece of real property. [Contact Author]
[FULL STORY - November 14, 2015 issue of the New Hampshire Union Leader]

Review Nonqualified Deferred Compensation Arrangements Now, Before the IRS Shows Up to Audit Them
by Peter T. Beach and Russell J. Stein

Attorney Peter T. Beach In 2014, the IRS began an audit initiative specifically aimed at nonqualified deferred compensation ("NQDC") compliance under Section 409A. Then in June of this year, presumably based at least in part on common areas of non-compliance identified through the initiative, the IRS issued Section 409A Audit Guidelines for its agents. As a result, it is now more likely that employment tax audits will include a review of NQDC arrangements, making this an excellent time to review those arrangements. In many cases, Section 409A documentation and operational problems can be corrected, thereby avoiding significant tax consequences, provided the problems are identified in time. [Contact Authors]

Essential Documents for Retirement
Wills, Health Care and other Important Planning Tools
by Jason D. Gregoire

Attorney Jason D. Gregoire You are on the verge of retirement. Things to do, people to see, places to go and time to do it. But before taking the final leap, make sure you have your documents in order. While this list doesn’t include everything you’ll need, this provides a good starting point. You should speak with your attorney and financial advisor to see what else you need. [Contact Author]
[FULL STORY - January 11, 2016 issue of Business New Hampshire Magazine]

Open Source Software
What You Don’t Know Could Hurt You
by Douglas G. Verge

Attorney Douglas G. Verge Open source (or so-called “free”) software has become a popular tool for software developers and technology companies that write software applications, because the source code is available at no charge and it saves the developer from having to write code from scratch or hire a third party to write it for a fee.  [Contact Author]
[FULL STORY - October 8, 2015 issue of the New Hampshire Business Review]

Yours, Mine and Hours: Making Cents of Common Wage and Hour Violations
Top NH Violations from 2015 and How to Avoid them
by James P. Reidy

Attorney James P. Reidy Each year we review the Top Ten most common wage and hour violations in New Hampshire. Because the stakes for noncompliance under state and federal wage and hour laws are higher than ever before employers of all sizes and types need to pay attention to these violations to stay in compliance and to avoid expensive civil penalties and wage adjustment orders from NHDOL.  [Contact Author]

Divorcing Fact from Fiction About Adultery in NH
by Grant R. Gendron and James F. Ogorchock

Attorney Grant R. Gendron The Ashley Madison security breach has led many to question whether they should allege adultery in their divorce. This article addresses some common questions concerning adultery and tries to debunk myths about adultery in New Hampshire. [Contact Authors]
[FULL STORY - September 26, 2015 issue of the New Hampshire Union Leader]

H-1B Amendments Reconsidered
Rulings Alter U.S. Agency’s Visa Requirements for Employers
by Nathan P. Warecki

Attorney Nathan P. Warecki On any given day, roughly half a million employees report to work with an H-1B employment visa. Although H-1B employment is “temporary,” many H-1B employment relationships last for six years or more. Changes to the employment relationship typically alter terms and conditions of the H-1B employment. Failure to notify government agencies of such changes when required can have serious consequences. [Contact Author]
[FULL STORY - November 25, 2015 issue of the New Hampshire Business Review]

When a College Closes
The Legal and Educational Implications of Lebanon College’s Closing
by Bradford E. Cook

Attorney Bradford E. Cook When Lebanon College, the small, community-based, private nonprofit college on the mall in Lebanon, closed last year, the issues and educational trends involved in the decision were many. [Contact Author]
[FULL STORY - October 2, 2015 issue of the New Hampshire Business Review]

Attorney Honored
Brad Cook Honored with Lifetime Achievement Award

Attorney Bradford E. Cook On October 28, 2015, senior shareholder, Brad Cook was honored with the Business and Industry Association's (BIA) 2015 Lifetime Achievement Award. We are proud to call him one of our own!

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SPB+G's 28th Annual
Labor and Employment Law
Review and Update

Practical Guidance for Employers

Thursday, May 26, 2016
8:00 AM to 4:00 PM
Castleton Conference Center
92 Indian Rock Road, Rt 111
Windham, NH

To register, go to the events section of

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