New Property Transfer Lead Paint Notification Form

The Massachusetts Department of Public Health's Childhood Lead Poisoning Prevention Program's Property Transfer Lead Paint Notification form has been revised. The new edition highlights disclosure responsibilities for owners of rental housing built before 1978 to tenants who will continue to reside in properties following transfer. Owners of such properties must give all tenants, by December 1, 1996, a Tenant Lead Law Notification/Tenant Certification form, and any existing lead status documents such as Letters of Compliance, Letters of Interim Control, and risk assessment and lead inspection reports. The new Property Transfer Lead Paint Notification form also includes important information on such topics as the interim control program, low-risk owner/agent deleading and the availability of lead poisoning liability insurance.

Employer Wins Discrimination Case By Increasing Pension

A 65-year-old plaintiff employee sued under the Age Discrimination in Employment Act ("ADEA") when he was fired. When he sued, the employer converted $6,000 of the employee's forfeitable pension benefits to non-forfeitable benefits, effective as of his retirement date. The conversion increased the employee's annual pension to $44,000. The ADEA allows employers to force an employee to retire at age 65 if: (1) he was in a "high policy decision making position" for two years before retirement and (2) he is entitled to $44,000 a year in non-forfeitable pension benefits. The court found no violation of ADEA since the employer met the ADEA criteria although it did so through a last-minute manipulation of benefits.

Why This Is Important . . . The decision allows employers to manipulate an employee's benefit so as not to be liable for Age Discrimination upon the employee's firing.

"Web-Wrap" Agreements May Not Protect Rights

As use of the Internet and World Wide Web have expanded, Web-site owners have begun to use a new type of form agreement called a "Web-wrap." Web-wraps are generally drafted to protect Web-site owners' proprietary rights and to limit their liability to site visitors. There is reason to believe that these agreements are not enforceable. Under proposed revisions to the Uniform Commercial Code regarding software and data licenses, Web-wraps, as on-line versions of standard form licenses, would be enforceable only if the user actively showed his or her assent after having an opportunity to review the license terms. Ordinarily, a Web-site user is usually not required to take any action to signify assent to, and is not given an opportunity to review the terms of the license before getting to the work.

Why This Is Important . . . Many Web-site owners may believe their proprietary rights in Web-site works are protected by a Web-wrap. This may not be true.

§125 Plan Benefits

What is - or is not - allowable under a §125 Plan is not a simple question. Maximizing the benefit of a §125 Plan requires careful planning. Active Nicolai Law Group clients recently received a memorandum outlining what is allowed in a §125 Plan.