Lawsuit Shakedowns Begin on Webpage Accessibility

July 2, 2016 | from AdminBerenson | No Comments »

The Americans with Disabilities Act of 1990 (“ADA”) broadly prohibits discrimination on the basis of disability. The ADA is supposed to make sure that someone with a disability is allowed the same rights and access to places and services that everyone else has. But because we didn’t really have any websites back in 1990, the [...]

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New Federal Overtime Regulations Go Effective December 1st

June 28, 2016 | from AdminBerenson | No Comments »

Last month the Department of Labor adopted a rule updating the federal overtime regulations as of December 1, 2016. The Department stated that this update fulfills President Obama’s goal of improving the American workplace and “will go a long way to ensuring every worker is compensated fairly for their hard work.” Estimates are that this [...]

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Maryland Ends Subcontractor Licensure – Contract Changes Required

June 4, 2016 | from AdminBerenson | No Comments »

As a result of the passage of Senate Bill 285, the Maryland Home Improvement Commission (“MHIC”) will eliminate the Subcontractor License category as of July 1, 2016. From that date forward, all home improvement subcontractors may work without a license when performing home improvements for an MHIC licensed contractor in the State of Maryland. The [...]

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Maryland Quickly Moves to a 5-Day and 7-Day Rescission

May 27, 2016 | from AdminBerenson | No Comments »

Fresh burdensome legislation signed by Governor Hogan brings a new rescission right to door-to-door sales of home improvements in Maryland. As of June 1, Maryland is expanding the cancellation period for home improvement contracts from 3 business days to 5 business days – but if the consumer is at least 65 years old then the [...]

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NLRB: Businesses Liable for Leased/1099 Workers

October 28, 2015 | from AdminBerenson | No Comments »

In mid-September the National Labor Relations Board’s (NLRB) continued its efforts to expand worker rights and unionization abilities. In a highly controversial and potentially far-reaching decision, the NLRB voted to hold waste management company Browning-Ferris responsible for the treatment of the company’s third-party leased employees. Texas-based Browning-Ferris had hired Leadpoint Business Services out of Arizona [...]

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New Jersey Begins to Kick Back on §3508 Sales Reps

December 6, 2013 | from AdminBerenson | No Comments »

New Jersey has long been considered a difficult state when a contractor is grappling with regulatory and enforcement issues. However, the state has long upheld the use of §3508. Clients may recall that §3508 of the Internal Revenue Code, followed in varying degrees by 30-35 states, allows a contractor to pay a sales representative without [...]

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NY’s Construction Industry Fair Play Act — Not Just for 1099 Workers!

December 3, 2013 | from AdminBerenson | No Comments »

In drafting 1099-based independent contractor protocols and agreements for clients in New York, Berenson LLP’s attorneys continue to find a concerning misunderstanding in the industry as to how the New York State Construction Industry Fair Play Act (the “Act”) applies to contractors. Hopefully, many home improvement contractors now know that the Act creates an assumption [...]

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Confused About the New Telemarketing Rules? You Should Be

November 26, 2013 | from AdminBerenson | No Comments »

Back in the spring, Berenson LLP advised its clients as to the impact of the upcoming amendment to the federal Telephone Consumer Protection Act or “TCPA”. The amendment went effective on October 16, 2013, but a huge amount of confusion and misinformation is still swirling around the changes. Why? Well, part of the fault lies [...]

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EEOC Increases Lawsuits Against Companies for Use of Criminal-Background Screens

September 26, 2013 | from AdminBerenson | No Comments »

In June, the EEOC filed suit against both BWM and Dollar General Corp, alleging both companies used criminal background screens in a manner that discriminated against black applicants. The litigation increases the government’s push to regulate private employers’ use of background checks. The EEOC guidelines released last year “urge” employers to consider the crime, the [...]

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FTC Fines Contractor $350,000 on Energy Claims

September 23, 2013 | from AdminBerenson | No Comments »

Edward Sumpolec, who conducted business under three separate names, was recently fined $350,000 by the Federal Trade Commission for allegedly making deceptive and unsubstantiated claims with regard to the insulation capabilities of the liquid coating and foil radiant barrier products that he sold. According to the FTC, Sumpolec had promised to reduce roof temperatures by [...]

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