New DOL Opinion Letter Addresses FMLA Question

By Rudman Winchell Attorney Anne-Marie L. Storey, Esq.

On April 12, 2018, the federal Wage and Hour Division (WHD) of the DOL issued its first opinion letters since 2009.  One of the letters addressed an issue under the FMLA.  The question posed by the employer was whether a non-exempt employee’s use of a 15-minute rest break every hour for a serious health condition […]

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What is a Phase I Environmental Site Assessment and When Should I Get One?

By Rudman Winchell Attorney Christopher B. Hatch

Recently we assisted a client looking to purchase a commercial industrial site that leased heavy equipment. Prior to completing the transaction, the buyer got a Phase I Environmental Site Assessment (ESA). A Phase I ESA is an investigation of a subject property by an environmental professional that reviews current and past history of the property, […]

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Estate Planning and Elder Law: Tax Planning in 2018

By Rudman Winchell Attorney

On December 22, 2017, the President signed into law the Tax Cuts and Jobs Act. The changes to the Internal Revenue Code impact virtually every individual and business and are generally effective in 2018. Estate and Gift Tax The federal gift, estate, and generation-skipping tax credits will shelter gifts and estates up to $11.2 million […]

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Starboard Leadership Consulting Announces A New Hire

By Rudman Winchell Attorney

Starboard Leadership Consulting, an affiliate of Rudman Winchell, is pleased to announce that they have added Mike Hyde, of Trenton Maine, to their team of consultants. Hyde will join Starboard as a Consulting Partner and brings with him 40 years of experience in nonprofit management, most recently as Vice President for External Affairs and Strategic […]

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Carin L. Sychterz to join Rudman Winchell as the Manager of Business Development.

By Rudman Winchell Attorney

Rudman Winchell is delighted to announce that Carin Sychterz, previously of Maine Career Connect, has joined them as the firm’s new Manager of Business Development.   “While I am extremely proud of everything that I accomplished at MCC and will remain on the Advisory Committee, I am excited to be working with a team of attorneys […]

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New IRS Rules Regarding Partnership Audits (including LLCs), Part II

By Rudman Winchell Attorney Jonathan P. Bench, Esq

This blog is part two of three regarding the new IRS BBA Rules that went into effect on January 1, 2018. Background: The new IRS “BBA Rules” reduce the partnership audit burden on the IRS by placing an increased burden on the current partners to both: (1) satisfy tax deficiencies for prior tax years and […]

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To Gift or Not to Gift

By Rudman Winchell Attorney Joy A. Trueworthy

One of the many federal tax changes in 2018 is that the annual gift tax exclusion amount has increased from $14,000 to $15,000. This change is actually due to inflation rather than the Tax Cuts and Jobs Act of 2017 signed into law this past December. What does the exclusion amount really mean? The exclusion […]

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How Not to Use Surveillance in an FMLA Situation

By Rudman Winchell Attorney Anne-Marie L. Storey, Esq.

A recent decision from the US District Court in Idaho provides some useful reminders of what can constitute interference and retaliation under the FMLA. As our readers know, it is a violation of the federal FMLA to interfere with, restrain, or deny the exercise or attempted exercise of FMLA rights by an employee.  Courts have […]

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Marijuana’s Legal Limbo Poses Challenges for Municipalities

By Rudman Winchell Attorney Jonathan Hunter

On November 8, 2016, Maine voters approved a ballot question legalizing possession and use of marijuana by persons 21 and older, and to allow commercial cultivation and sale of marijuana, subject to state and local regulation.  The new law, the Marijuana Legalization Act, took effect January 30, 2017, but the Legislature imposed a moratorium on […]

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Why is a deposit so necessary to a purchase and sale agreement?

By Rudman Winchell Attorney Cynthia M. Mehnert

Several times clients that are purchasing real estate have asked, “Do I really need to give a deposit?” The parties say “This is a friendly transaction, is it really necessary to give the seller a deposit when entering into a purchase and sale agreement?  There are actually several good reasons for requiring a deposit with […]

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