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Features

Third Circuit Establishes Joint Employment Test Image

Third Circuit Establishes Joint Employment Test

Daniel V. Johns & Kelly T. Kindig

In late June, the Third Circuit considered the broad definition of "employer" under the FLSA to determine when two employers jointly employ an employee, an issue that has been arising with increasing frequency.

Supreme Court: Pharmaceutical Sales Reps Are Exempt Image

Supreme Court: Pharmaceutical Sales Reps Are Exempt

Shirley O. Lerner

The U.S. Supreme Court's recent decision in <i>Christopher v. SmithKline Beecham Corp.</i> was not only a landmark decision for the pharmaceutical industry, but also provided important guidance for the application of the outside sales exemption in other settings.

Terminating Employees Image

Terminating Employees

William J. Wortel

This article discusses three of the most common errors made by employers, all of which can be easily avoided.

Features

How to De-ICE Your Business Image

How to De-ICE Your Business

Bruce E. Buchanan

The importance of immigration compliance continues to grow as more and more companies realize the negative consequences of violating the Immigration Reform and Control Act (IRCA). This article explores how to avoid these negative consequences.

Features

Mall's 'Minimal Precautions' Spare It Liability for Murder Image

Mall's 'Minimal Precautions' Spare It Liability for Murder

Jeff Storey

Since the owners of an Ulster County, NY, mall took at least "minimal precautions to protect tenants from foreseeable harm," they cannot be held liable for the brutal after-hours murder of the night manager of a restaurant, an appellate court has held.

In the Spotlight: Should You Consider a Sale-Leaseback? Image

In the Spotlight: Should You Consider a Sale-Leaseback?

Elizabeth Cooper Guy Ponticiello & Bruce Westwood-Booth

This article looks at some of the benefits and downsides of sale-leasebacks, and discusses some of the factors to consider to achieve optimum results in structuring one.

Features

Adding a Fuel Facility to Boost Sales Image

Adding a Fuel Facility to Boost Sales

Steven J. Roberts

This brief review of some of the issues that may be encountered in leasing a fuel facility clearly establishes that adding a fuel facility to a retailer's portfolio of properties is anything but easy.

Features

Litigation Image

Litigation

ALM Staff & Law Journal Newsletters

Analysis of a recent ruling of interest.

Features

Unspecified Tax Purposes in Marital Settlements Image

Unspecified Tax Purposes in Marital Settlements

Thomas R. White

Under current law, ' 71(b) of the IRC sets out requirements that are said to be objective and independent of state law, obviating the "subjective" search for the support obligation under prior law. This article discusses two of these requirements.

Features

Qualified Medical Support Orders Image

Qualified Medical Support Orders

Charles J. Meyer & Scott J.G. Finger

The requirement to maintain health insurance is unique because legislatures and courts are reluctant to place obligations on divorcing parents above and beyond what is required of an intact family.

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