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Nebraska Law Clarifies and Expands Workplace Protections for Pregnant Employees

By Scott D. Jochim, Attorney, and Daniel E. Cummings, Senior Certified Law Clerk

The Nebraska Legislature recently expanded and clarified the protections under the Nebraska Fair Employment Practices Act for pregnant workers. On April 13, 2015, Nebraska Governor Pete Ricketts signed into law LB627, which took effect on August 30, 2015.

Nebraska's Angel Investment Tax Credit Program: A Great Incentive to Invest in Nebraska's High-Tech Startups

By David Skalka and Daniel Cummings, Senior Certified Law Clerk

Croker Huck frequently receives inquiries about Nebraska's Angel Investment Tax Credit Act ("AITCA"), particularly from entrepreneurs attempting to raise private equity for their technology-related startups and small businesses. Enacted in 2011, the AITCA's stated purpose is to "encourage entrepreneurship and to increase investment in high technology industries in underserved areas of Nebraska" by helping improve the availability of capital for Nebraska startup businesses in high-technology fields (Neb. Rev. Stat. § 77-6301.01). The law was introduced at the Governor's request after a 2009 study showed that Nebraska ranked poorly in early-stage funding for small, start-up businesses.

Administratively Dissolved Homeowners Associations can be Reinstated under New Nebraska Laws

By David Skalka and Daniel Cummings, Senior Certified Law Clerk

Two laws passed this year provide methods for Nebraska homeowners associations (HOAs) that have been administratively dissolved for over five years to reinstate, resolving a conundrum that dissolved HOAs have had regarding reinstatement of assessing authority over the entirety of the development. LB 279, already in effect, allows for reinstatement of any corporation or other entity dissolved for over five years with an application, a $500 fee together with all delinquent fees of the Secretary of State, and delivery to the Secretary of State a properly executed and signed biennial report. LB 304, taking effect in late August 2015, allows for reinstatement of HOAs that have been dissolved for over five years with a fee of only $100. It also allows three or more members of a dissolved association to call a meeting to remove and elect directors and approve an application for reinstatement.

Pursuing or Defending Against a Tortious Interference Claim in Nebraska

By Scott Jochim

An individual or entity’s tortious interference with an existing or potential business relationship can be a major threat to the success of your company. If a party brings a tortious interference claim against you, defenses are available to protect against any potential liability. The litigation and business law attorneys at Croker Huck can assist you in pursuing or defending against a tortious interference claim based on the specific facts of your situation. For more information, read the article above or consult an attorney at Croker Huck.

Developing Restrictions on the Use of E-Cigarettes in the Workplace

By Robert Kirby

The increasing popularity of electronic cigarettes and similar devices is an important consideration for employers who wish to maintain a comprehensive no-smoking policy in the workplace. Because of the lack of statutory authority prohibiting the use of e-cigs in the workplace, it is the responsibility of individual businesses to decide whether or not to restrict the use of these products within their business premises. An employment/labor law attorney at Croker Huck can assist in developing or revising no-smoking policies tailored to your company’s specific needs.  For more information, read the article above or consult an attorney at Croker Huck.

Transfer on Death Deed Act

By Elizabeth Sevcik

The Nebraska Uniform Real Property Transfer on Death Act allows an individual to transfer property located in Nebraska to one or more beneficiaries effective at the transferor's death through the use of a transfer on death deed. A transfer on death deed allows the transferor to keep his interest in the property and is revocable at any time during the transferor's life. For more information, read the article above or consult an attorney at Croker Huck.

How Will The New LLC Act Affect Your Company?

By Elizabeth Sevcik

The recently enacted Nebraska Uniform Limited Liability Company Act applies to all Limited Liability Companies regardless of the date of formation. It is more comprehensive than the former act governing LLCs. The operating agreement may override some of these default rules, but not others. For more information, read the article above or consult an attorney at Croker Huck.

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