Newsletter December 2016

PREMIUM LEGAL SERVICES WITHOUT THE BOSTON PREMIUM Happy Holidays!  This last month of the year always brings a variety of important events in our lives.  A time when we make decisions about our financial and personal affairs.  Here at Baker, Braverman and Barbadoro, we celebrate another year of helping our clients achieve success in their legal affairs.  We value every one of you, and wish you all the best during this Holiday Season.  Gene Gene J. Guimond, Partner Real Estate, Finance 781-848-9610 Email: geneg@bbb-lawfirm.com  End of Year Tax Tips for Small Business Owners   Buy Now: Take advantage of a federal tax break available for small businesses that spend between $2 million and $2.5 million on certain new or used office equipment, office furniture, and standard off- the- shelf software. If this applies to you and your business, you may be able to deduct up to $500,000 of what you spend on such eligible equipment for your business in the 2016 tax year.  To qualify for the deduction you must purchase or finance the equipment and put it into service before the last day of the year.  Start Saving:  If you have not already done so, consider establishing an employer sponsored retirement plan for your employees (and yourself).  Choose from various types of plans that are available for small business owners.  Regardless of what type of plan you choose, the contributions that you as the business owner make for yourself and your employees can be tax deductible.  You may also take advantage of credits available to small business owners to help offset the costs of setting up such plans.  Some types of plans must be established before the end of 2016 for you to get any tax benefits with this year’s taxes.  Still other types of plans allow you to set them up any time prior to the due date of your 2016 tax return (which is generally April of 2017) for you to realize tax benefits for 2016.  Think about Timing:  Most small businesses are pass-through entities that use the cash method of accounting.  If this applies to you, the timing of when you incur an expense or when you receive payment for goods or services can either cost you or save you when it comes to taxes.  For example if this year’s profits were quite high and you expect next year’s to be lower, it may benefit you to delay payment if possible until after the first of the year, or to incur expenses before the end of the year.  You can do this by delaying invoices or by pre-paying certain expenses.  Conversely, this year may have been a low profit year and you expect next year to be more profitable.  In that case you will want to accelerate payment where possible for goods or services, and delay expenses until after the first of the year.  Clean up: If you have old office equipment or furniture to donate or just want to make a cash donation, now is the time of the year to see how a charitable deduction may help you with respect to your income taxes.  Keep in mind that a charitable deduction doesn’t apply just to cash gifts:  you are also entitled to a charitable deduction for the fair market value of any other type of property you donate.  You can find any number of organizations that will gladly take old office equipment, computers and furniture off your hands.  Plan Ahead:  Now is the time to anticipate your tax bill for 2016.  It may not be due for four more months but figuring out your tax liability now will give you the time to make sure you will have the cash flow necessary to make timely tax payments.   Brandi  Brandi S. Cerasuolo, Esquire Associate, Probate, Tax, Elder Law/Estate Planning Email: brandic@bbb-lawfirm.com Telephone: (781) 848-9610 http://ift.tt/2i7DH9Oeys/brandi-s-cerasuolo/ BBB in the Community Our Giving Tree  Every year the firm takes on a charity for our Holiday Giving, and this year we will be participating in a Giving Tree through Interfaith Social Services  in Quincy.   Through this program, IFSS provided us with 18 children’s names, ages and the particular wish that each one has for a gift.  Each participant at Baker, Braverman and Barbadoro  selected a child for whom to buy a gift.  We will take all of the gifts to the IFSS for wrapping and delivery to the children on December 15th.  “What I love best about selecting a child to buy gifts for The Giving Tree project, is knowing that I am helping keep the spirit of Christmas alive for a little kid who might not otherwise have anything for Christmas,” said BBB Paralegal Christine LaRose.  “By making it part of our firm’s commitment to help in the community, my gift becomes part of many more gifts for many more children.”  ___________________________ Preserving the Blue Hills Attorney Kim Kroha (center) joins Friends of the Blue Hills Maile Panerio-Langer and Therese Joyce at the ticket sales table at a recent fundraising event for the benefit of the Blue Hills Reservation. We would like to recognize BBB Associate Kim Kroha for her recent part in helping the Friends of the Blue Hills (FBH) with their fundraising efforts.  Kim assisted in acquiring donations for the organization’s Silent Auction to raise money to benefit the Blue Hills Reservation.   “I am very impressed with FBH’s mission to preserve, protect and maintain this great natural resource,” said Kim.  “The Blue Hills actually touch five towns in the Greater Milton area, and more than a thousand people volunteer as members of the Friends.”  In fulfillment of its mission, the 1,000-member, non-profit Friends of the Blue Hills organization helps maintain the Reservation’s 125 miles of trails, control invasive plants that threaten endangered species, and advocate for policies that protect the park from inappropriate development.  As a result of their volunteer efforts, they preserve and protect the Blue Hills Reservation‘s natural beauty, diverse natural habitats and many recreational opportunities. ._______________________ We Salute You, Lawrence DiNardo  In marking November 11th as a day to honor our country’s veterans, we recognize and thank BB&B attorney Larry DiNardo for his long-time and continuing service to his country. In his current position as President (2016-2018) of the Association of First Corps of Cadets, Lieutenant Colonel Lawrence DiNardo, retired, presided over the Corps’ celebration of its 275th birthday in October at its original “Castle” building on Arlington Street, Boston.  In November, the Corps held its annual Greatest Generation Veteran’s Recognition event honoring twelve veterans from World War I, World War II, Korea and Vietnam, including one of the last surviving Tuskegee Airmen.  Larry enlisted in the ROTC program at the University of Pennsylvania, earning his commission as Quartermaster Officer in 1970.  After completing Law School at Penn, in 1974 he completed Officer Basic Training at Fort Lee Virginia, and joined the US Army Reserve.  His assignment to the 195th Supply Company brought him to the Boston Army Base.  After completing his Officer Advanced Course in the Judge Advocate Corps and earning a promotion to Captain, Larry was transferred to the 1170th US Army Transportation Unit, still in Boston, serving as the Judge Advocate Officer.  Upon graduation from the US Army Command and General Staff College and subsequent promotion to Lieutenant Colonel, Larry served as Operations Officer.  He was eventually transferred to the 1037th USAR School to serve as Operations Officer.  Retiring from the US Army Reserve in 1996 with 26 years of service, Larry was presented with the Meritorious Service Medal.  He has since served in the First Corps of Cadets.   Founded in 1741, this prestigious military organization boasts Quincy’s John Hancock as its most famous elected commander.  Hancock led this unit during the Revolutionary War, and it has since fought in all our country’s major conflicts and wars, including the Civil War, World War I, World War II, Korea, Vietnam, and all our Middle Eastern conflicts.  _______________________ In Case You Missed the News … Our Halloween Costume Drive Achieved Great Success! Baker, Braverman & Barbadoro collect more  than 75 costumes to give to low-income families Some of the BB&B Law Firm members who collected more than 75 Halloween costumes for children from low-income families include (kneeling, left to right):  Amy Morin, Christine LaRose and Cyndi Norton; and (standing, left to right) Rob Hiltunen, Liz Caruso, Esq., Kim Kroha, Esq., Susan Molinari, Esq., Marilyn Wood, Kelley Condon, Melissa Simmons, Brandi Cerasuolo, Esq., Ana Gomez, and Chris Sullivan, Esq. New Expertise in Alternative Dispute Resolution Three forms of Dispute Resolution in a Divorce: Which One is Right for You?   When a dispute arises between divorcing parties and it appears that they cannot resolve it on their own, people often immediately think of hiring their separate attorneys and proclaim, “I’m taking you to court.”  Court action, or litigation, may not only heighten the contention between the parties, it may also protract the resolution – possibly for years.  Disputing parties may find that one of two alternative ways to resolve  their differences – mediation or conciliation – give them a much more satisfying result achieved with considerably less stress and expense.  Fortunately for BBB clients, partner Lisa Bond has recently augmented her 14 years of family law experience and three years of work as a Certified Conciliator with an additional Certification for Family Law Mediation.   “When I first talk to clients about resolving their legal disputes, I can give them a clear, neutral explanation of the differences between the three options,” said Attorney Bond.  “Then we weigh the pros and cons of each in the context of their particular dispute.”  Mediation is a form of alternative dispute resolution where a neutral third party – such as Attorney Bond — works to open and improve dialogue between the parties in an effort to achieve an acceptable resolution.   Conciliation is similar to mediation in that the parties continue to work with a neutral party to reach a resolution, but they retain their separate attorneys and there is typically litigation pending.  Conciliators often provide an evaluation or opinion of the case, which may at times be shared with the Court.  Mediations, on the other hand, are confidential and privileged.  Both conciliation and mediation offer the parties an opportunity to have a direct impact on the outcome of their case.  Through either of these alternative dispute resolution techniques, the parties, with the assistance of Attorney Bond, are able to craft an Agreement that addresses their specific needs and the specific needs of their families.   Given the overwhelming caseloads of the Probate Court, judges typically do not have the time or resources to draft orders that address individual circumstances and needs, oftentimes leaving both parties feeling as though their voices have not been heard.  In mediation and conciliation the parties drive the process, giving them the opportunity to be more creative, and to form an agreement that works best for them and their families.   “Mediation and conciliation are much less expensive than litigation, and they offer the parties the opportunity to decide their cases privately as opposed to in open court, in public,” said Attorney Bond.  “Of course in the rare cases that the parties cannot resolve the dispute by either of these alternatives, they still have the option of litigation.”  Lisa Lisa Bond, Esq. (781) 848-9610 lisab@bbb-lawfirm.com

BBB Attorneys Educate  Important Reminders for 2016 – And a Look Forward to 2017  12/01/2016:  Changes to the Fair Labor Standards Act Overtime Laws went into effect on December 1st. 01/01/2017:  Massachusetts Minimum Wage is increasing to $11.00 on January 1st.  02/01/2017:  Actual real estate tax bills are mailed at the end of December.  Anyone looking to request an abatement must file an application with their local assessor by February 1st. If you have questions or need assistance in filing an application for abatement contact Paul Barbadoro or Susan Molinari.  03/01/2017:  Non-Profits need to file their Form 3ABC with the Assessor by March 1st for FY2018.   According to Associate Brandi Cerasuolo, inflation adjusted tax changes in the Tax Code for 2017 include: The tax brackets will be adjusted for inflation. The standard deduction will increase. The Federal Estate Tax Exemption will be adjusted upward. In addition, the special tax break for seniors regarding medical expenses will expire.  ______________________________________________  Lunch & Learn Highlights Changes to the FLSA  The 15 clients who participated in our recent the Lunch & Learn held at our office seemed to agree that this format provided them with valuable, timely information for their small businesses with respect to the changes to the Fair Labor Standards Act Overtime Exemptions that just went into effect on December 1st. “I attended the FLSA seminar and was pleased to hear more about the laws that were to go in to affect, have an opportunity to ask questions related to my company’s concerns, and hear questions and concerns from other companies,” said Nancy Stronach, Human Resources Manager at Columbus Global.  “It was a great time to meet the team at Baker Braverman and Barbadoro and to network with other business people.  I am looking forward to the next seminar.”  The presentation given by Senior Associates Theresa Barbadoro Koppanati and Susan Molinari highlighted the biggest change as the salary test, which increases the salary level for white collar exemptions to $913 per week — or $47,476 per year.    The salary threshold for highly compensated employees (HCEs) was also increased. The new rule raised the salary threshold for HCEs to $134,004 per year — and at least $913 per week.  “The increase in the white-collar exemption salary threshold is significant and can be difficult for many small businesses to achieve in order to keep employees who would have otherwise met the criteria,” said Theresa.  “For our small business clients, this could be a  substantial adjustment if they want to keep from paying overtime to previously exempt employees.  If they get help from us early on, we can help them to transition smoothly.” “The change in the law is a burden,” said Susan.  “Business owners will either have to increase salaries of otherwise exempt employees, or if they cannot, they will be faced with either adding more personnel to avoid paying overtime wages, or make the adjustment to paying more overtime wages.”  To read more about how this might impact your business, please read the previous FLSA article on our blog page.

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New Massachusetts Law Bans Gender Pay Discrimination, Pay Secrecy Policies and Prohibits Asking Prospective Employees About Salary History

The Massachusetts Legislature recently enacted a bill that will go into effect in July of 2018 titled “An Act to Establish Pay Equity”, a sweeping new law aimed at ensuring equal pay for comparable work for all Massachusetts employees.   The Act has several important ramifications for employers.

First, the new law bans pay discrimination for comparable work based on gender.  The Federal Equal Pay Act, part of the Civil Rights Act, already prohibits gender-based discrimination for the “same job”.  The new Massachusetts law uses the broader term “comparable work”, which is aimed at going beyond mere job titles and descriptions to ensure that the duties actually being performed by employees are used to determine comparability.  It is important to note that under the new law, employers are allowed to consider qualifications like experience, training, education and geographic location when determining salaries.

Second, in order to help combat such discrimination, the bill explicitly prohibits “pay secrecy” policies and instead states that employers must allow employees to freely discuss their salaries with coworkers in order to facilitate transparency and reduce the risk of gender-based pay discrepancies.  The bill does not, however, require that an employer disclose an employee’s wage to another employee or a third party.

Third, the law prohibits employers from asking prospective employees about their past salary history.  The theory behind this component of the law is that women have been locked in a cycle of lower pay structures and that providing salary history perpetuates such a cycle.  By not allowing previous salary history to be a factor in an employer’s offer terms, it is thought that a more level playing field based on experience and qualifications will emerge.  However, it is important to note that job applicants are still free to volunteer their previous pay as part of salary negotiations if they so wish.

Employers found in violation of the new law will face costly non-compliance penalties, including claims for unpaid wages, liquid damages for 100% of the amount of unpaid wages, plus the employee’s attorneys’ fees and costs.

Finally, the law provides an important defense tool for employers.  Employers may conduct good faith “self-evaluations” of their pay practices.  If the Employer conducts such an evaluation and can show that they have made “reasonable progress” towards eliminating gender-based wage discrepancies, the employer will be entitled to an affirmative defense for a period of three years after the completion of the self-evaluation.

In anticipation of the Act going into effect on July 1, 2018, in the coming year, the Attorney General’s Office will likely issue regulations that will interpret the new law and provide direction for employers and employees.

Employers are encouraged to review their hiring practices and employment law policies in light of the new law. The employment law attorneys at Baker, Braverman & Barbadoro, P.C. are available to assist you in creating compliant employee policies. Call and ask to speak with one of our employment lawyers today to review your policies. – Theresa Koppanati.

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Two Items Every College Aged Child Should Not Leave Home Without

As parents we are used to taking care of our children’s medical and financial needs, this does not usually end when our children go off to college or ventures off into the world on their own. However what most parents do not realize, once their child turns eighteen, they are not legally entitled to make any medical or financial decisions on their child’s behalf. Turning 18 is a milestone birthday for many people; it is the year a child becomes a legal adult. Upon turning 18, the law assumes that the child has accumulated enough knowledge to make legal decisions on their own behalf. These include, but may not be limited to, entering into contracts and making healthcare decisions. The reality is that many eighteen year olds are unprepared for the responsibility that these type of decisions bring. This presents a challenge as a parent; legally the parent can no longer make decisions for their children, yet children often turn to their parents for assistance and guidance in making decisions. This is where a health care proxy and power of attorney can become invaluable tools.

A health care proxy is a document that gives someone else the power to make health care decisions on your behalf. Often a trusted family member or friend is chosen as that person. This person is known as the health care agent. A health care agent only has the power to make health care decisions when someone is incapacitated and cannot make decisions for themselves. This document can also include a HIPAA authorization that allows the release of medical records to the health care agent. If you were to receive a call from your child’s friend that your son or daughter had been in an accident and taken to the hospital, the heath care proxy will allow you to jump into action to make decisions regarding your child’s treatment. Without it, expect to be rebuffed by your child’s medical providers who are legally unable to provide you with information regarding your child’s condition or treatment.

A power of attorney gives someone else the power to make financial decisions on your behalf. Much like a health care proxy, the power of attorney gives the designated agent the power to make financial decisions, but unlike the health care proxy, a power of attorney can be valid when signed; it is not contingent on incapacity. A power of attorney will allow you to assist your child with their banking or to speak on their behalf to their car insurance company or their landlord.

With children away from home at college, these can be powerful time saving tools and can help avoid unnecessary legal mishaps that young adults may unwittingly get themselves into.

The estate planning attorneys at Baker, Braverman & Barbadoro, P.C. can speak with your family and draft the estate plan that fits your needs and goals, including health care proxies and powers of attorney for young adults. – Elizabeth A. Caruso.

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PREMIUM LEGAL SERVICES WITHOUT THE BOSTON PREMIUM WELCOME BACK We’re back, and we hope that you...

PREMIUM LEGAL SERVICES WITHOUT THE BOSTON PREMIUM

WELCOME BACK We’re back, and we hope that you are, too.  We took a year off to redefine and improve our quarterly newsletter to better serve your need to know what is going on in the world from a legal perspective. The improvements that we have made center on readability:  sometimes we forget that outside our doors and the courthouses in which we spend so much time, the rest of the world does not always speak legalese! Among the improvements that we hope you will appreciate, this newsletter will Use terminology that is more common to our non-lawyer readers; Highlight our involvement in the community that we share; and Update you in a more consistent manner. Please accept our invitation to hit the REPLY button on your Email header, and let us know what you like in it, and what you would like to see improved. Paul Paul N. Barbadoro, Partner 781-848-9610 paulb@bbb-lawfirm.com

Update On Regulations FINAL RULE on OVERTIME EXEMPTIONS MAY IMPACT YOUR BUSINESS On May 18 the Department of Labor announced that it will publish a Final Rule updating the exemption of executive, administrative and professional employees from the minimum wage and overtime pay protections of the Fair Labor Standards Act. “Simply put, this means that due to the expansion of the salary and compensation levels under the new rule, more workers are entitled to overtime compensation without some sort of intervening action by an employer,” said Attorney Susan Molinari. The Final Rule updates the salary level required for exemptions to apply, while ensuring that the intended overtime protections in the Fair Labor Standards Act are fully implemented. “The Final Rule also makes the exemption for executives, administrative and professional employees easier to understand and apply,” said Susan. The Final Rule updates for the salary and compensation levels needed for executive, administrative and professional employees to be exempt. Specifically, in part, the Final Rule does the following: It sets the standard salary level at $913 per week or $47,476 annually for a full-year worker; It sets the total annual compensation requirement for highly compensated employees subject to the “minimum duties test” to $134,004; It establishes a mechanism for automatically updating the salary and compensation levels every three years (this will begin January 1, 2020); and It amends the “salary basis test” to allow employers to use nondiscretionary bonus and incentive payments to satisfy up to 10 percent of the new standard salary level. The Final Rule goes into effect on December 1, 2016. If you are a business trying to determine how the Final Rule may impact how you operate your business, contact one of the Employment Lawyers at Baker, Braverman & Barbadoro, P.C. to ensure that you prepare your business to comply with the Final Rule. By Susan Molinari, Esq. (781) 848-9610 susanm@bbb-lawfirm.com

Theresa Barbadoro Koppanati and BBB legal assistant Ana Gomez BBB in the Community PAINT NIGHT a HIT On June 9 Baker, Braverman & Barbadoro, P.C. hosted more than 20 women from varying professions including banking, public relations, elder care, financial services, business consulting and entrepreneurs,for a “Paint Night” at the firm’s Quincy office. A “Paint Night,” for those who have not yet participated in one, combines a creative painting opportunity with a decidedly social activity.   Clare Donoghue of the Traveling Theresa Barbadoro Koppanati, with visiting “painters” Kim Train, Barbara Arena & Lisa Virello. Art Party supervised the painting experience. In a short time the painters produced a sufficiently well executed piece of artwork — in this case a seascape — to provide a sense of accomplishment. “This was a great night of networking, laughs and painting,” said event organizer, Attorney Susan Molinari.  Joining her in orchestrating the event, Attorneys Lisa Bond, Theresa Barbadoro Koppanati, Elizabeth Caruso and Brandi Cerasuolo acknowledged the benefits of what others might construe as unusual for a law firm. “We offer the broadest range of services in any one law firm on the South Shore,” said Theresa; “so we work long, tough, serious hours. This gave us an opportunity to meet with a number of our clients and friends in a casual setting, and to get to know each other as multi-faceted individuals.” Masterpieces!

Program Update Wishing you Could Refinance Debt?  Welcome Back SBA 504   In late May of this year the Small Business Administration (SBA) re-established the debt refinancing program consistent with the more well-known SBA 504 loan programs. The 504 loan program was historically available only to purchasers of commercial property. The debt refinancing program, while available several years ago, had been temporary. The program expired in 2012, but this legislation now makes it permanent. “The benefit of SBA financing, and more specifically the debt refinancing, is that borrowers who are approved and funded have a fixed mortgage rate for 20 years,” said Attorney Gary Hogan. “In today’s commercial loan market, it is very difficult to obtain fixed rate financing, and almost never for 20 years.” Making the program even more attractive, the interest rates (which are set at funding) have recently seen historically low rates. For June 2016, the 20-year rate hovered around 4.3 percent. The SBA started accepting applications after June 24, and borrowers have to meet certain criteria including, but not limited to: the debt being refinanced must be “qualified debt” as that term is defined in the act; the borrower must be current on the existing debt payments for at least one year prior to applying; and the assets to be secured (real estate or personal property) must qualify as “eligible assets.” A host of other rules and regulations concerning these government guaranteed loans apply; therefore if you are interested in learning more about the SBA 504 Debt Refinance Program, the lawyers at Baker, Braverman & Barbadoro can answer your questions and introduce you to a Certified Development Company that can assist you with an application.   By Gary Hogan garyh@bbb-lawfirm.com (781) 848-9610

BBB Attorneys in the News We wish to congratulate Lisa Bond, Esq. on her recent nomination to the Massachusetts Lawyers Weekly Top Women of the Law. Each year Lawyers Weekly honors women attorneys who have made tremendous professional strides and who have demonstrated great accomplishments in the legal field. “I am deeply honored by this nomination,” said Lisa. “Through me, I want my clients to receive the very best representation available. A nomination like this communicates that to them.” Attorney Bond joined Baker, Braverman & Barbadoro, P.C. in 2002. Promoted to Partner in January 2016, Lisa’s practice concentrates on civil litigation, family law and personal injury. ______________________________________________________________________ Congratulations to Theresa Barbadoro Koppanati, Esq. on her recent recognition by Boston Magazine as one of the Top Women Attorneys in Massachusetts. Attorney Barbadoro Koppanati has served as an attorney at Baker, Braverman & Barbadoro, P.C. since 2010.  Prior to joining the firm, she served as a corporate associate at Latham & Watkins, LLP in London, and in-house counsel at Red Bull North America in Santa Monica, California.  Theresa advises clients in all areas of corporate law, including asset purchases, contract negotiation, commercial finance, secured transactions, mergers and acquisitions, and joint ventures. She also counsels clients on corporate compliance and intellectual property matters.   _________________________________________________________________________   As part of a Massachusetts Bar Association sponsored event to mark Elder Law Month in May, Elizabeth Caruso, a probate and elder law/estate planning attorney at Baker, Braverman & Barbadoro, P.C., presented on basic estate planning and asset protection to a group of senior citizens at the Stoughton Council on Aging. “As part of our mission to give back to the community, Attorney Caruso found this wonderful opportunity to reach out to some of our society’s most vulnerable,” said Paul Barbadoro, Partner at Baker, Braverman & Barbadoro. _________________________________________________________________________   Lawrence DiNardo Elected President of John Hancock’s Historic Military Unit Congratulations to Lieutenant Colonel, retired, Lawrence DiNardo (U.S. Army Reserve) on his recent election to President of the First Corps of Cadets, an historic military association. Quincy born and bred, Attorney DiNardo has practiced law in the city for more than 30 years, and for the last eight years with the Law Firm of Baker, Braverman and Barbadoro, P.C. He will serve as the President of the First Corps of Cadets from 2016 to 2018. Founded in 1741, the prestigious military organization First Corps of Cadets boasts Quincy’s John Hancock as its most famous elected commander. Hancock led this unit during the Revolutionary War, and it has since fought in all of our country’s major conflicts and wars, including the Civil War, World War I, World War II, Korea, Vietnam, and all of our Middle Eastern conflicts.   Currently the 211th Military Police Battalion of the Massachusetts Army National Guard constitutes the active unit of the First Corps of Cadets. This unit now focuses on providing security to the Boston Marathon and the Fourth of July on the Esplanade.   The First Corps of Cadets has maintained a military museum on Commonwealth Avenue in Boston, where it displays portraits, busts, and artifacts associated with John Hancock, including a picture of Hancock’s home that was painted on an actual panel from its door. Courtesy: Post-Gazette

As a full service law firm, our team of attorneys is uniquely positioned to provide a broad spectrum of premium legal services, promptly and efficiently, without the Boston premium. 781-848-9610

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Don’t Slide Into Trouble This Summer

Chances are if you have a swimming pool you are aware of many of the safety precautions such as having a fence; displaying signs prohibiting diving (in shallow pools or shallow parts of the pool) and other well-known hazards.  But did you know that there is a federal regulation concerning the safety of pool slides? The regulation  (16 C.F.R. § 1207(a)) was enacted in 1978 and was designed to “reduce or eliminate the unreasonable risks of deaths or injury associated with swimming pool slides”.

The regulation requires that all pool slides be capable of supporting three hundred fifty pounds and that they be tested for head-first sliding.    There are numerous types and models of swimming pool slides on the market and available on-line and at retail stores.  Not all models comply with the federal regulations even though they may have warnings about weight requirements and caution against head-first sliding.  Since using a slide that does not comply with federal law can lead to personal liability if an injury occurs, your best bet to stay out of trouble with your pool slide is to check the testing background before you buy. – Paul N. Barbadoro.

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BBB hosts Women’s Networking Event

On June 9, 2016 more than twenty women from varying professions including banking, public relations, elder care, financial services, business consulting and entrepreneurs joined Baker, Braverman & Barbardoro, P.C. attorneys Lisa Bond, Susan Molinari, Theresa Barbadoro Koppanati, Elizabeth Caruso and Brandi Cerasuolo for a night of networking, laughs and painting. The event was hosted at the firms Quincy office and the paintings were supervised by Clare Donoghue of the Traveling Art Party. We enjoyed snacks and refreshments as well as lively conversation as we tried our hand at seascapes.

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Lisa Bond named Top Women of the Law Nominee by Mass. Lawyers Weekly

Lisa Bond, Esq. has been nominated for Massachusetts Lawyers Weekly Top Women of the Law. Each year Lawyers Weekly honors women attorneys who have made tremendous professional strides and that have demonstrated great accomplishments in the legal field. Attorney Bond has been a lawyer at Baker, Braverman & Barbadoro, P.C. a Quincy based law firm since 2002. She was promoted to partner in January 2016. Her practice includes civil litigation, family law and personal injury.

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Boston Magazine selects Theresa Barbadoro Koppanati to Top Women Attorneys in Boston

Recently Theresa Barbadoro Koppanati, Esq was recognized as one of the Top Women Attorneys in Massachusetts by Boston Magazine. Attorney Barbadoro Koppanati has been an attorney at Baker, Braverman & Barbadoro, P.C., a Quincy based law firm, since 2010. Prior to joining the firm, she was a corporate associate at Latham & Watkins, LLP in London and an in-house counsel at Red Bull North America in Santa Monica, California.  Attorney Barbadoro Koppanati advises clients in all areas of corporate law, including, asset purchases, contract negotiation, commercial finance, secured transactions, mergers and acquisitions and joint ventures. She also counsels clients on corporate compliance and intellectual property matters.

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Elizabeth Caruso invited to present to Stoughton Council on Aging

Recently, Elizabeth Caruso, a probate and elder law/estate planning attorney at Baker, Braverman & Barbadoro, P.C., a Quincy based law firm, presented on basic estate planning and asset protection to a group of senior citizens at the Stoughton Council on Aging as part of a Massachusetts Bar Association sponsored event for Elder Law Month.

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SBA announces the return of the 504 loan refinance program

In late May of this year the Small Business Administration (“SBA”) has re-established the debt refinancing program consistent with the more well- known SBA 504 loan programs.  The 504 loan program was historically only available to purchasers of commercial property.  The debt refinancing program, while available several years ago, was temporary.  The program, which expired in 2012, is has now been made permanent.

The benefit of SBA financing, and more specifically, debt refinancing, is that borrowers who are approved and funded have a fixed mortgage rate for 20 years.  In today’s commercial loan market, it is very difficult to obtain fixed rate financing, and almost never for 20 years.  Also, the interest rates which are set at funding have recently seen historic low rates.  For June 2016, the 20 year rate was about 4.3%.

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Applications are being accepted after June 24, 2016 and borrowers have to meet certain criteria, including, but not limited to, that the debt being refinanced must be “qualified debt” as that term is defined in the act, the borrowers must be current on their existing debt payments for at least one year prior to applying, and the assets to be secured (real estate or personal property) must qualify as “eligible assets.”  There are a host of other rules and regulations concerning these government guaranteed loans.  Therefore if you are interested in learning more about the SBA 504 Debt Refinance Program, the lawyers at Baker, Braverman & Barbadoro can answer your questions and introduce you to a Certified Development Company that can assist you with an application.

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Update On Regulations Defining And Delimiting The Overtime Exemptions For Executive, Administrative And Professional Employees

On May 18, 2016 the Department of Labor announced that it will publish a Final Rule updating the exemption of executive, administrative and professional employees from the minimum wage and overtime pay protections of the Fair Labor Standards Act.  The Final Rule updates the salary level required for exemptions to ensure that the Fair Labor Standards Act intended overtime protections are fully implemented and to make the exemption for executives, administrative and professional employees easier to understand and apply.

The focus of the Final Rule is primarily updating the salary and compensation levels needed for executive, administrative and professional employees to be exempt.  Specifically, in part, the Final Rule:

1. Sets the standard salary level at $913 per week or $47,476 annually for a full-year worker;
2. Sets the total annual compensation requirement for highly compensated employees subject to the “minimum duties test” to $134,004;
3. Establish a mechanism for automatically updating the salary and compensation levels every three years (this will begin January 1, 2020); and
4. Amends the “salary basis test” to allow employers to use nondiscretionary bonus and incentive payments to satisfy up to 10% of the new standard salary level.

The Final Rule goes into effect on December 1, 2016.  If you are a business trying to determine how the Final Rule affects how you operate your business, contact one of the Employment Lawyers at Baker, Braverman & Barbadoro, P.C. to ensure that your business is prepared to be compliant with the Final Rule. – Susan M. Molinari.

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Tips on Filling Out Your Financial Statement Correctly in Divorce Matters

In all divorce cases it is required that the parties each complete a Financial Statement.  The Financial Statements are exchanged between the parties and filed with the Court.  Financial Statements are signed under the pains and penalties of perjury, therefore itis imperative that the information contained on your financial statement be accurate and contain all the required information.. For example, if one party fails to include an asset in his/her Financial Statement, that asset is subject to division even after the Separation Agreement has been approved by the Court.  It is important to distinguish who owns an asset listed on your Financial Statement; you only want to list the interest and dividends income produced by assets that you own.  Where assets are jointly owned, you should include only one-half (½) of the dividend and interest income and make this indication on the Financial Statement.

Although Financial Statements are filed with the Court, they are impounded to protect your personal information; this means that access is limited to the parties, attorneys of record and the court.  Your Financial Statement must include all of your income.  If you are self-employed you must file a Schedule A to your Financial Statement.  Much of the information needed from the Schedule A may be taken from your income tax returns; however some deductions on your income taxes are not deductions for purposes of your Financial Statement.  For example, a depreciation deduction is appropriate for income tax purposes but not on your Financial Statement.

In addition to disclosing assets, parties must set forth their actual and anticipated expenses on their respective Financial Statements. It is not uncommon to have to estimate expenses particularly in cases where the other party was primarily responsible for the finances.  It is important to make a footnote indicating that these expenses have in fact been estimated.  Furthermore, reasonable anticipated expenses should be footnoted.

In a divorce matter, a Financial Statement is given great weight by the court in reviewing the assets and expenses of the parties, and therefore should be completed with great care and caution. Should you require assistance in the preparation of a Financial Statement you should contact the family law team at Baker, Braverman & Barbadoro, P.C. – Lisa Bond.

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BBB mourns the passing of our colleague Attorney Douglas C. Purdy

In Memoriam

It is with great sadness that our firm mourns the passing of our colleague and friend Attorney Douglas C. Purdy

February 10, 1943 – May 25, 2016

Doug practiced law in Quincy for over 30 years with Serafini, Purdy, DiNardo & Wells and for the last eight years with Baker, Braverman & Barbadoro, P.C. He will be sadly missed by all that knew him.

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Why Do I Need a Health Care Proxy or Durable Power of Attorney?

If you have failed to plan for your personal incapacity by designating an agent to act as your Attorney in Fact under a Durable Power of Attorney or as an Agent under a Health Care Proxy, the person who will make these personal decisions on your behalf will be determined not by you, but by a Judge in the Probate Court.  Many people recognize the benefits of having their estate avoid the Probate Court upon death, but most people forget that it is equally important to avoid the Probate Court in the event of an illness or incapacity during their lifetime.

In the event that you are incapacitated or gravely ill such that you cannot make decisions for yourself and you do not have either a Heath Care Proxy or a Durable Power of Attorney , your spouse, child, sibling or a friend will have to petition the Probate Court to be named your Guardian and Conservator.  There is also the possibility that the Probate Court will appoint someone that is unfamiliar with you and your needs, something that can happen without proper planning.

The Probate Court will appoint a Guardian who will be charged with the duty of making personal decisions on your behalf.  Those decisions are very personal and include health care choices, personal care choices, and decisions for your long term medical care.   In addition, the Probate Court will appoint a Conservator of your estate; this person will be charged with managing your finances.  Both of these court appointed agents will be required to get permission from the Probate Court to take action on many matters, including matters involving your property.  As a result, the Probate Court has an unnecessarily high level of control over your well-being and assets, which is also costly as the fees and costs from the Probate Court’s review will come from your assets.

To protect yourself in the event of incapacity and to ensure that decisions regarding your health care and finances will be made in your best interest by a friend or family member of your choosing, consult with a Probate attorney at Baker, Braverman & Barbadoro, P.C. to get your Health Care Proxy and Durable Power of Attorney drafted today. – Christopher Sullivan.

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