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January 2006 |
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WILLIAM PALUMBO SEMINAR ANNOUNCEMENT
The William Palumbo Insurance Agency listens to our clients and
understands the many challenges they face in operating their businesses.
Our clients frequently ask us questions and express concerns about
employment law compliance. This is unfortunately an area of the
law that is extremely complex and constantly changing. Employers
need to understand and comply with numerous complicated statutes
and regulations. Even inadvertent violations can result in severe
financial penalties. In addition to providing our clients with cost–effective
insurance protection, we go a step further and provide assistance
with their broader business needs. To address our clients’
employment law compliance concerns, we are proud to announce that
we will present a series of quarterly educational employment law
seminars, free of charge to our clients. Employment law specialist
Leslie Lockard will speak at our seminars. For more than 18 years,
Leslie has helped protect businesses by advising them how to handle
difficult personnel issues and assisting in the drafting of such
materials as employee handbooks and noncompetition agreements. She
also defends them when employees file law suit against them. Based
on a poll of her fellow attorneys, she was named in a recent Boston
Magazine as a “Super lawyer of Massachusetts”.
The first William Palumbo employment law seminar will be held
on Thursday, February 16, 2006 at the Franklin Country Club, Franklin,
MA from 8:00 AM to 10:00 AM. Leslie will speak about state and
federal compensation/overtime pay law compliance. This is an extremely
complex area of the law with which many employers are not correctly
complying. These areas of the law are so difficult that there
are law firms which specialize in bringing class action lawsuits
on behalf of groups of a company’s employees. That state
and federal governments also conduct audits of employer compliance.
Even inadvertent noncompliance can result in awards of double
or treble damages, an order to pay the opposing party’s
attorney fees, and large fines. Some violations can even result
in criminal penalties against management personnel deemed responsible
for them.
- Do you know whether your vacation policy complies with the
requirements of the law?
- Do you know whether the employees you classify as exempt from
overtime pay requirements are correctly classified in accordance
with recently issued regulations? (It is not sufficient that
they be paid a salary.) And employers can be required to pay
employees incorrectly classified as exempt two or even three
years of back overtime, doubled.
- Do you know complex rules regarding the types of deductions
from salary that you can’t make without jeopardizing an
exempt employee’s status as exempt? For example, is it
permissible to deduct from an exempt employee’s salary
if he takes an afternoon off to play golf? If he takes a day
off due to illness? If the business closes due to snowstorm?
- If you have any workers classified as independent contractors,
are you sure that they are correctly classified, in accordance
with the recently enacted extremely contractors? Are you aware
of the severe financial and even criminal penalties that can
be imposed for misclassifying a worker?
- Do you know the rules about what qualifies as “working
time” for which employees must be compensated? Do they
need to be paid for time traveling between two worksites? For
time spent donning and removing business uniforms? Under what
circumstances are you required to pay employees for their lunch
time? Are you ever required to pay employees for overtime worked
without your knowledge or authorization?
Leslie will provide all of this critical information and more.
Attendees will also be given the opportunity to ask questions,
and a breakfast will be served. Please RSVP to George Danello
at 508-359-4151 x238 or GDanello@williampalumbo.com
if you wish to attend so we are sure to have enough chairs for
all.
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| Assisting
in your Financial Success: Choosing the Right Care Facility
Requires the Right Questions |
Few decisions in life are more wrenching than the decision to
seek nursing home or assisted living care for a parent, spouse
or other loved one. In particular, assisted living facilities
require thoughtful questions and follow-up to ensure that a loved
one receives the care that was promised. The following questions
may help you choose the most appropriate assisted living facility
for your situation.
What services are offered?
When interviewing prospective care facilities, make sure to list
all the services the facility says it offers. Next, have as much
of what they promise put into any contract as possible. Remember,
assisted care facilities generally are not equipped to handle
the more acute care cases. In many states, these facilities aren’t
allowed.
Who regulates the facility and
what training is required of employees? You may
be surprised to learn that compared to nursing homes, which are
federally regulated, assisted living facilities are loosely regulated.
Learn how employees deal with potential situations, whether it
involves incontinence, dispensing drugs or dealing with residents
who wander. Don’t stop there. Seek references and investigate
any facility in which you are interested through your local or
state health administration agencies.
How much will that cost you?
Again, make sure any costs are detailed in your contract, including
the length of time in which the initial rate is charged. If the
facility cannot guarantee that costs will remain level over time,
try to pinpoint exactly how much rate increases may run and how
often. Just as important, don’t overlook miscellaneous expenses
that may be charged. These may be obvious expenses, such as a
cane or walker for a resident who has a hard time walking. Less
obvious are things such as prescription drugs, which the facility
can mark up when filling or refilling orders.
When are qualified medical professionals
called in to lend help? This question is a matter
of life and death. Which physicians and hospitals work with the
facility? What conditions prompt an emergency call?
Working with the Facility
When you find the right assisted living facility, do your part
to ensure the best care possible. Provide as complete a personal
and medical picture as possible. For instance, is your parent
prone to falls and broken bones? Is incontinence as issue of which
staff needs to be aware? What is your parent’s complete
medical history? Is your parent mobile or relatively immobile?
Finally, investigate how long term care insurance might help
ease the financial strain – before it’s too late.
Assisted living facilities are not exclusive only to the oldest
Americans. Some younger people need this valuable help, too. Talk
to your insurance professional and a qualified attorney today
to learn more about parental care options and the financial instruments
that can relieve some of the financial burden.
Free Review
For additional information please call
Jim McNamara
508-222-3240 x213
Please contact our office to let
us know how we can assist you.
Visit us online @ www.williampalumbo.com
Medfield Corporate Office
4 West Mill St. PO BOX 250
Medfield, MA 02052
(508) 359-4151
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Attleboro Office
(508) 222-3240 |
Franklin Office
(508) 520-1755
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Sandwich Office
(508) 888-2244 |
| Be Proactive
to Prevent Identity Theft |
The prevalence and cost of identity theft appears to be growing.
This insidious crime can have far-ranging and long-lasting consequences
for its victims. Being aware of ways in which your identity can
be stolen, and taking steps to prevent this event from happening,
can save you time, money and grief.
A 2002 General Accounting Office report noted that precise figures
concerning the incidence of identity theft are difficult to obtain
due to the many forms this crime takes and the absence of any
one single database or reporting hotline that tracks its occurrence.
Furthermore, advancing technologies can result in new, evolving
manifestations of the crime. According to the Identity Theft Resource
Center, a national nonprofit organization, “rarely a week
goes by without a report of a new or different way to steal and
use identities.”
That said, the GAO report states that key data sources all seem
to show that the incidence of identity theft is on the rise:
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Consumer reporting agencies have seen an increase in the
number of seven-year fraud alerts. These alerts act as a warning
that someone may be trying to use a consumer’s personal
information in order to fraudulently obtain credit. According
to the GAO, one of these agencies reported a 36% increase
in the number of seven-year alerts over a two-year period
ending in 2000, while another reported a 53% increase over
the 12-month period ending in mid-2000.
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The Federal Trade Commission’s (FTC’s) Identity
Theft Data Clearinghouse, established in late 1999, averaged
445 calls per week during its first month of operation. By
March 2001, the number of weekly calls averaged more than
2,000, and by December 2001, they averaged 3,000.
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The Social Security Administration/Office of the Inspector
General estimated a five-time increase in the number of allegations
of Social Security number misuse from 1998 to 2001, with 81%
of these allegations related directly to identity theft.
According to the FTC’s Identity Theft Data Clearinghouse,
the most common types of identity theft involve using or opening
a credit card account fraudulently; opening telephone/cell phone
or utility accounts fraudulently; passing bad checks or opening
a new bank account; getting loans in another person’s name;
and working in another person’s name.
The fact that identity theft has become a marquee issue concurrent
with rapidly advancing computer technologies can make it seem
like identity theft is primarily a technology-based crime. However,
many common forms of identity theft don’t rely on technology
at all. An identity thief can steal your wallet or rifle through
your trash or recycling to find credit card or bank account statements.
Or the thief can look over your shoulder while you’re taking
cash out of an automatic teller machine or inputting a long-distance
calling card number. Certainly, this crime does have countless
technology-based means, including email solicitations that require
“verification” of your personal data in order to claim
a prize award; fake Web sites that resemble the sites of legitimate
organizations and that require a credit card number to make a
purchase or donation; and software and other devices that can
scan, record or pirate your personal information without your
knowledge.
Here are a few of the many steps
you can take to prevent identity theft from happening to you:
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Safeguard your Social Security number. Do not write or imprint
it on your checks or carry it in your wallet. When asked for
it, question the reasons, and see whether another form of
identification can be used instead.
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Protect your mail, trash and recycling. Mail slots in doors
and boxes that require a key are safer than a mailbox that
any passerby can open. Shred documents that contain any personal
information or that are for a credit extension or insurance
offer. If you don’t want pre-approved offers at all,
you can be removed from the pre-approved offers lists provided
by the major credit reporting companies through this Web site,
https://www.optoutprescreen.com.
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Don’t respond to email or telephone inquiries for personal
information if you have not initiated the call.
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Password protect access to your work computer if you use
it for any purposes that require you to input any personal
information. Do the same with home computers, if anyone besides
you and trusted family members might have access to them.
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Be shrewd in creating passwords and personal identification
numbers (PINs)—don’t use name/number combinations
that a thief (or a thief that knows you) might be able to
figure out.
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Review credit card and bank account statements for activity
you did not initiate. Review your credit report regularly
with major credit reporting agencies (www.equifax.com;
www.experian.com;
www.transunion.com).
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Keep your computer updated with current versions of anti-virus
and anti-spyware software and firewall protection.
| Know Your Liabilities
When Hiring Temporary Workers |
The importance of the temporary worker has increased in the last
ten years due to gaps in staffing caused by downsizing, mergers
and acquisitions. A temporary worker can be hired to fill in for
an employee on leave or they can be used to augment a company’s
permanent staff during seasonal fluctuations. Regardless of the
reason for their employment, any business owner who hires temporaries
should understand that they are entitled to certain considerations
even though they will only be with you for a short time.
That entitlement rests on the answer to an important question
of whether or not the temporary is an “employee” or
an “independent contractor”. This is especially relevant
when it comes to the area of discrimination. The Equal Employment
Opportunity Commission (EEOC) says that temporaries are covered
employees under the federal and state anti-discrimination laws
if the right to control the means and manner of their work performance
rests with the hiring company, rather than with the temporaries
themselves.
It’s important to note that even though the staffing agency
pays the temporary based on the number of hours reported by the
business owner; it is the hiring company that oversees the temporary’s
work. Moreover, the temporary uses the hiring company’s
supplies and equipment and works on-site. In this instance, the
liability for providing a discrimination free environment is not
transferred to the staffing agency, as most companies would believe.
The EEOC says the liability is shared by both the staffing agency
and the hiring firm.
The issue of safety in the workplace is another area of vulnerability
when it comes to hiring temporary
workers. The Occupational Safety and Health Review Commission
has taken the stance that companies employing temporary workers
are primarily responsible for compliance with the Occupational
Safety and Health Act with regard to those workers’ safety.
The rationale for this position is again based on the fact that
the hiring company controls the means and manner of their work.
Employing temporary workers also has ramifications for the hiring
company when it comes to the Family and Medical Leave Act (FMLA).
This law requires employers with 50 or more employees to allow
any eligible employee to take up to 12 weeks of unpaid family
and medical leave in any 12 month period, while still maintaining
the employee's health insurance benefits and usually, to restore
the employee to the same or equivalent position upon his/her return.
While the hiring firm does not grant FMLA leave to temporaries,
they do have to count temporary workers as part of their contingent
when determining if they meet the 50 or more criterion. They must
also allow a temporary employee returning from FMLA leave to continue
working at their site, even if that means letting another temporary
worker go who was hired to replace the worker on leave.
The National Labor Relations Board considers hiring companies
and staffing agencies to be joint employers for purposes of the
National Labor Relations Act (NLRA) when both make determinations
that affect the terms and conditions of the temporary worker’s
employment. An important consequence of this joint employer determination
for the hiring company is that it may be held liable for the staffing
agency’s unfair labor practices toward the temporary worker
it has hired.
And finally, hiring companies must include most temporary employees
in their employee headcounts to see if their benefit plans qualify
for a favorable tax treatment under the Internal Revenue Code.
However, several courts have ruled that there is no provision
in either the Internal Revenue Code or the Employee Retirement
Income Security Act that hinders hiring companies from excluding
temporary workers from their benefit programs.
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| Medfield
Office
(508) 359-4151 |
Attleboro
Office
(508) 222-3240 |
Franklin
Office
(508) 520-1755 |
Sandwich
Office
(508) 888-2244 |
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