Thursday, December 13, 2012

The FLSA and Independent Contractors

This post is an excerpt from FLSA/Wage and Hour Crackdown

by Michael Shultz, Esq.

Businesses frequently employ independent contractors to perform work for them. The law does not require an employer to pay minimum wage or overtime to persons who are independent contractors. For example, a software company might hire an independent company to perform janitorial services or lawn maintenance services. Sometimes these independent companies will be no more than a couple of people who have come together to form a small business for themselves. Sometimes, the purported independent contractor might be an individual.

Generally, no one will question whether an established lawn maintenance or janitorial services company is an independent contractor; but, when the independent contractor is one or a few individuals, the question of employee versus independent becomes a real problem.

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Thursday, October 18, 2012

Fired for Facebook? You May Not Qualify for Unemployment Benefits

by Victoria Herring, Esq.

Over the past few years, there have been over 100 cases in the Iowa unemployment compensation division concerning the use of Facebook commentary to justify termination.  Despite the fact that there are similar facts regarding Facebook postings, there is a distinction to be made between the cases finding disqualifying misconduct and those permitting benefits.

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Thursday, August 9, 2012

The PPACA, New Mothers, and FLSA

by Michael M. Shultz, Esq.

Amidst all of the debate over the recent health care legislation that Congress passed in 2010—the Patient Protection and Affordable Care Act (PPACA)—a provision that did not gather headlines is Section 407 which amended the Fair Labor Standards Act. 29 U.S.C. § 207(r)(1). Section 407 requires employers to provide a break each time an employee needs to express milk for a new baby. The employer must provide a break area in a location other than a bathroom and that shields the mother from view and intrusion.

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Thursday, July 26, 2012

Commercial Lease Provisions: Default, Guarantees and Remedy Clauses

by Edward G. Kramer, Esq.

There is very little statutory law with regard to the rights and obligations of a commercial tenant. Unlike residential landlord-tenant law, the Ohio legislature has deemed that commercial tenants do not need the protections offered by the Ohio Revised Code. Therefore, much of the rights and duties imposed on commercial landlords and tenants will be based on the lease provisions.

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Thursday, June 21, 2012

Changes and Developments Affecting Leases in Bankruptcy

by Henry F. Luepke, Esq.

Excerpt from: Free Whitepaper: Tenant or Landlord Bankruptcy

The answer to most questions that arise in bankruptcy with respect to a real property lease will be found, at least in part, in section 365. 11 U.S.C. § 365. This is the provision that deals with lease assumption and rejection. The statute is extensive, but its basic concept is relatively simple. If the lease is assumed, the terms of the lease remain in full effect so that the parties’ obligations are not changed. If the lease is rejected, the non-debtor parties may then pursue their remedies, both under the lease and as creditors in bankruptcy.

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Thursday, April 5, 2012

Exposed at Work: Employee Privacy and Social Media

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

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.

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Tuesday, March 6, 2012

Patient's Best Interest Swept Aside When NY Attorney General Intervenes

by Elizabeth Andreoli, Esq.

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.

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Tuesday, January 10, 2012

7 Dos and Don'ts of Dealing With Unrepresented Tenants

by William Burns, Esq.

The Rule

R.P.C. 4.3. Dealing with Unrepresented Persons

In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding. The lawyer shall not give legal advice to the unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the interests of the client.

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