Conservation easements are an excellent method for maintaining ownership of one’s land while not only prohibiting development but also receiving tax benefits. A conservation easement is a legally-binding agreement between a property owner and a nonprofit organization or a government agency that restricts development on the land covered by the easement. Usually the landowner receives tax benefits in exchange for the conservation easement but sometimes they can receive a one-time payment made by the organization to purchase the easement. Donating land via a conservation easement can provide estate tax, income tax, and property tax benefits.
A little publicized provision of the 2013 New York S.A.F.E. Act is about to become effective and unsuspecting New York pistol permit holders may find themselves in legal jeopardy if they do not act quickly to comply with the statute.
Prior to the adoption of the S.A.F.E. Act, pistol permits issued in New York were good until revoked. The S.A.F.E. Act added a new provision to Section §400.00 of the New York Penal Law creating a five year expiration term for all pistol permits in New York. Every five (5) years a pistol permit must be renewed by filing a recertification form with the State Police. If your pistol permit was issued before January 15, 2013 the deadline to submit your recertification is January 31, 2018. If your permit was issued on or after January 15, 2013, the deadline to recertify is five years after the date the permit was issued. This means that the vast majority of pistol permits issued in New York will expire on January 31, 2018 less than ninety days from now.
1. REEFER MADNESS
Our society’s response to marijuana use is changing rapidly. Eight states and the District of Columbia now permit recreational marijuana use. The use of medical marijuana is allowed in twenty-nine states. In addition, the Canadian government plans to enact legislation in the summer of 2018 which would legalize marijuana use in all of Canada.
We have come a long way from the days of Reefer Madness!
We are proud to announce the addition of Shawn P. Roche to Colligan Law LLP.
Shawn is an associate attorney at Colligan Law LLP—a law firm providing legal services to entrepreneurs and cutting-edge businesses. Shawn’s practice area relates primarily to intellectual property, securities, and corporate law.
We are proud to announce the addition of Christina J. Kennedy to Colligan Law LLP.
Christina is an associate pending admission at Colligan Law LLP—a law firm providing legal services to entrepreneurs and cutting-edge businesses. Christina’s practice area relates primarily to complex commercial and civil litigation.
In the beginning of 2016 my wife came to me with a proposition—she wanted to run for New York State Senate.
Against an incumbent. With a lot more money. And she wanted my help. At the time I had been immersed in the upstate startup ecosystem. That was all about to change.
We had always been a team in nearly everything we did, so by no means did this come as a surprise. A decade earlier I had spent some time in government myself so it wasn’t completely foreign to me. And of course, I had regularly attended a mélange of political activities with my wife over the years. “Why not?”, I thought to myself.
Joe Saeli will speak at a continuing legal education program sponsored by the New York County Lawyers Association. Joe’s discussion topic is the Sale or Merger of a Law Practice – Transitioning to Retirement.
Date: Wednesday, October 11, 2017
Time: 6:00 p.m. – 8:00 p.m.
Location: New York County Lawyers Assocaition, 14 Vesey Street, 2nd Floor Auditorium, New York, NY
Register online at www.nycla.cog.
Farms come in all shapes and sizes. They are operated by publicly traded companies, closely held organizations and individuals. They share many of the same successes and problems, including the booms and busts directly related to external circumstances. Weather, tariffs, trade and politics are just a few of the factors outside the day to day control of a farming operation which impact the bottom line.
Today a Federal Court Judge in Texas struck down the Obama administration’s rule which would have increased the salary minimums for exempt employees, greatly expanding the number of employees entitled to receive overtime pay.
The Judge ruled that the Department of Labor exceeded its statutory authority in adopting the rule. The Judge explained his analysis as follows:
“The department has exceeded its authority and gone too far with the final rule. The department creates a final rule that makes overtime status depend predominately on a minimum salary level, thereby supplanting an analysis of an employee’s job duties. Because the final rule would exclude so many employees who perform exempt duties, the department fails to carry out Congress’s unambiguous intent.”
Be aware that this ruling will have no effect on the New York State rules for exempt employees. Effective 12/31/17 the minimum salary for exempt employees in upstate New York increases to $780.00 per week.
New York’s Paid Family Leave Benefits Law takes effect on January 1, 2018. Most non-government employers in New York will have to comply with this law. It is not too early to begin preparing for it.
Employees will be eligible for Paid Family Leave (“PFL”) for up to eight weeks within a fifty-two-week period. PFL includes compensation, continued health insurance, and job protection.
PFL can be used for one of three reasons:
- To care for a close relative with a serious health condition.
- To bond with a newborn, newly adopted, or newly placed child within the first twelve months after birth, adoption or foster placement.
- When a spouse, child, domestic partner or parent is on active duty or has been notified of an impending call to active duty, as provided under the Federal Family and Medical Leave Act (“FMLA”).
Unlike the FMLA, PFL benefits are not available for an employee’s own health condition.