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Beyond the Seminars: The Sterling Legal Blog

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Workers' Comp Claims: When Not Working Is Part of The Job

  
  
  
Workplace Accidents

by David Schneider

A frequent issue in Arkansas workers’ compensation claims is the compensability of injuries occurring during breaks or while the employee is not directly engaged in employment activities. In 1993, the legislature added language to the workers’ compensation law providing that only injuries arising while employment services are being performed would entitle the injured worker to receive benefits. The proponents of that amendment were confident it would prevent accidents during breaks or before or after work from being compensable.

My Death and Why I Still Have To Work Too Hard

  
  
  
Incorrect Status Deceased
by Evan L. Loeffler

I received a telephone call from a client recently and learned, much to my surprise, that I was dead.

Bankruptcy Basics: What Every Landlord Should Know

  
  
  
Bankruptcy Breaks the Bank

by James H. Billlingsley

Most landlords will experience a tenant bankruptcy at some point. The Bankruptcy Code provides certain protections to the tenant during the bankruptcy. Landlords need to know some basic concepts to even begin to deal with the issues that arise when the tenant files bankruptcy.

Exposed at Work: Employee Privacy and Social Media

  
  
  
Internet Privacy
Excerpts from Privacy and Social Media in the Workplace by Victoria L. Herring

Employees tend to think that whatever they say on their [allegedly private] Facebook pages is personal and not subject to the employer’s rules or discipline. At the same time, employers searching for information about prospective employees feel quite free to search every and anything out about them in Facebook, Twitter, LinkedIn and other social websites.

Landlord-Friendly Laws Passed in Wisconsin

  
  
  
Real Estate Laws and Regulations

by Tristan Pettit

It is nice to finally see some landlord-friendly laws being passed in the state of Wisconsin.

On December 7, 2011, Senate Bill 107 (commonly referred to as the “Landlord Preemption Bill”) was signed into law by Governor Scott Walker as 2011 Wisconsin Act 108. This new law creates Section 66.0104 of the Wisconsin Statutes and prohibits municipalities from enacting an ordinance that places certain limits or requirements on a landlord.

Options to Purchase in Leases: Don’t Leave the Details Hanging

  
  
  
Don't Leave Money on the Line

by Richard Byrum

A Tenant – either residential or commercial – often finds great comfort in having an option to purchase the real estate, as part of his Lease.

But seldom have I seen one that was written in a way that adequately protects the Tenant. The issues involved in a purchase transaction, but for a few exceptions, are completely separate from issues relating to occupancy of the premises under a Lease. Those exceptions are usually whether any part of the lease payments apply to the purchase; or, whether the occupancy can be extended pending the closing of the purchase.

Privacy Issues in Employment Law: What's a Boss To Do?

  
  
  
Employee Privacy Laws

by Jean Ohman Back

Privacy issues in the workplace constitute one of the hottest topics for most employers. This is because technology is ever changing. And with each new device, and each new social media offering comes additional questions about just how far an employer can go in determining how an employee is spending his or her time at work. Not only do these issues present questions about what employers can do with respect to their current employees, but they also present opportunities to learn more about what kind of employee an applicant will make.

Patient’s Best Interest Swept Aside When Attorney General Intervenes in End-of-Life Case

  
  
  
Resuscitave measures ordered by State of NY

by Elizabeth Andreoli

Blouin Estate of Pouliot v. Spitzer

Argued: March 6, 2003. -- February 02, 2004

At the time of this story, Sheila Pouliot was in her early forties, and had become chronically ill as a result of complications from cerebral palsy, including a seizure disorder, osteoporosis, the dislocation of various joints, and widespread flexion contractures involving her elbows, knees, and hips. She also lost the ability to eat, and nutrition was artificially administered through a feeding tube.  

As a consequence of contracting encephalitis during infancy, Pouliot suffered mental retardation and fairly severe cerebral palsy. She was completely dependent on others for assistance with basic life functions and resided during her life at a state-run residential group home in Syracuse.

Tennessee Lawful Employment Act: What It Means

  
  
  
Employee Verification

By Bruce Buchanan

The Tennessee Lawful Employment Act became effective on January 1, 2012 for employers with 500 or more employees and governmental entities. Under the new laws, employers may enroll and use E-Verify for newly-hired employees, or it may accept, copy and maintain a state-issued driver’s license or identification, unexpired U.S. passport, permanent resident card, work authorization, birth certificate, certificate of naturalization, or a few other forms of identification from newly-hired employees.

10 Easy Steps to Lull an Audience to Sleep

  
  
  
How Not to Present an Engaging Live Seminar

You have been asked to speak for a live continuing education seminar. Let's face it, you are an intelligent, resourceful professional and your reputation precedes you, but you are not perfect (we are just as shocked as you are, trust us) and maybe, just maybe you are not as polished a speaker as you would like to be. If only someone could provide you with a list of sure fire ways to avoid putting your audience into a speaker induced coma so you could become the next Tony Robbins. 

Well, we’re sorry but we don't have that list handy. (I think the dog ate our homework.) We do however have this free handy list of things NOT to do, which is probably more fun anyway.

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