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Disclaimer

The content of this blog is intended for informational purposes only. As laws differ by jurisdiction, the information herein does not apply to every reader.

This blog is not intended to replace the role of a licensed attorney. You should not take, or refrain from taking, any legal action based upon the information contained on this blog without first seeking professional counsel.

Your use of the blog does not create an attorney-client relationship between you and any attorneys listed herein.

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Senate Committee Begins Markup of Comprehensive Immigration Reform Bill

  
  
  
  
Senate Committee Begins Markup of Comprehensive Immigration Reform Bill

by Andrew Wilson, Esq.

On May 9, 2013, the Senate Judiciary Committee began marking up S. 744, the "Border Security, Economic Opportunity and Immigration Modernization Act of 2013," which is comprehensive immigration reform legislation developed by the "Gang of Eight" bipartisan group of senators and introduced on April 17, 2013.

Don’t Drag Your Business Down With You When You Go

  
  
  
  
Business Succession and Planning Ahead

by Shenanne Tucker, Esq.

They say you can’t bring things from this world with you when you die. But, without proper and diligent planning, your business may be the one thing you do drag into the grave with you when you go. While estate planning and disability planning is recommended for everyone, business owners have special concerns that require additional attention and proactive planning.

Too Long Or Not Long Enough: Workers’ Compensation and the Statute of Limitation in the State of Arkansas

  
  
  
  
Too Long Or Not Long Enough: Workers' Compensation and the Statute of Limitation

by David L. Schneider, Esq.

When I was in law school, there was a professor who, when discussing a particularly thorny or difficult problem, would refer to it as being a "Serbonian Bog." In that pre-Google age, none of us knew what that was, but we were pretty sure that we didn't want to be in one (kind of like that class). But, whether you know what a Serbonian Bog is or not, anyone trying to figure out how long an injured worker has to file a workers' compensation claim in Arkansas will soon know what it is like to be in over their head.

Senate Budget Subcommittee Votes to Increase Employer Assessments

  
  
  
  
employer assessment

by Patrick S. Moody, Esq.

The State Senate Budget subcommittee recently voted to approve changes in the State Department of Industrial Relations (DIR) budget that will increase employer assessments. Several employer advocacy groups and associations have expressed their concerns that the proposal lacks transparency and does not include any mandated review to determine whether the ongoing assessments are appropriate.

Commercial Landlord’s Duty to Mitigate Damages

  
  
  
  
Factoria Mall by CityCaucus, on Flickr

by Jack Gillespie, Esq.

Where a lessee abandons a commercial leasehold, should the landlord have a duty to mitigate its damages caused by the lessee’s breach of the lease? The Ohio Supreme Court in Frenchtown Square Partnership v. Lemstone, Inc. d/b/a Lemstone Books determined that it does.

"Undocumented" Aliens: I-9 Compliance in an Increasingly Paperless World

  
  
  
  
I-9 Compliance in an Increasingly Paperless World

by Kate Noebels, Esq. and Michael H. Davis, Esq.

In an interesting twist on the concept of the "undocumented" immigrant, U.S. Customs and Border Protection (CBP) issued an interim final rule on March 27, 2013 automating Form I-94, Arrival/Departure Record.

Wills vs. Revocable Living Trusts

  
  
  
  
Wills vs. Revocable Living Trusts

by Scott Nelson, Esq.

Is a will or revocable living trust the better primary estate planning document?

Here are several things to consider:

Independent Contractor or Employee [A California Perspective]: Misclassification Has Consequences

  
  
  
  
Independent Contractor or Employee [A California Perspective]: Misclassification Has Consequences

by Kenneth J. Rose, Esq.

For employers, classifying workers as independent contractors is a high stakes game. Employers need to recognize that it is not a smart business practice to improperly classify their employees as independent contractors to avoid paying payroll taxes, complying with employee protection legislation, and paying for employee benefits available to rest of workforce.

So Let's Talk About . . . Companion/Comfort Animals In Rental Properties

  
  
  
  
Companion Animal

by Tristan Pettit, Esq.

I have been promising that I would blog about this topic for months (could it possibly be over a year even) and the time has finally come. So let's talk about companion/comfort animals in rental properties.

 

Background:

I will use the terms comfort animals and companion animals interchangeably throughout this post.

So we are all on the "same page" a companion animal is an animal that is NOT specifically trained or certified but rather provides a tenant with a disability with emotional support. Specifically trained and certified animals that assist people with disabilities is beyond the scope of this post.

Where Things Stand with Suitable Seating Claim

  
  
  
  
Sales Clerk Standing

by Jeff Polsky

We've been following the fate of "suitable seating" class actions for three years now. There was a brief glimmer of hope in 2011 when a federal judge in LA dismissed a class action by bank tellers because they didn't claim that they'd ever asked for seats. But the Ninth Circuit Court of Appeal, finding no such requirement in the Wage Order, reversed in an unpublished opinion.

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