Are You Paying Your Employees by Commission?
Many retail and service employers try to simplify their payroll obligations by labeling certain employees as "commission" or "commission only." While federal law permits this practice in some circumstances, the rules are complicated and present many traps for the unwary.
The Abercrombie Religious Discrimination Case
Religious diversity in the United States is increasing, and so are charges of religious discrimination. From 1999 to 2008, the U.S. Equal Employment OpportunityCommission (EEOC) received an average of 2,447 charges of such discrimination each year. Between 2009 and 2013, however, the EEOC received more than 3,000 such charges per year. In 2011 alone, the agency adjudicated 4,151 charges of religious discrimination.
Case Notes
Wal-Mart Hit with Two Overtime Suits Two wage-and-hour lawsuits, one brought as a class action and the other as a collective action, are proceeding against Wal-Mart. The company had moved to dismiss both suits, which allege that assistant store managers weren't paid for their overtime hours, but a federal judge in Pittsburgh denied the motions and allowed the suits to proceed. …
2016 Budget Targets Retirement
In February, the Obama Administration's Fiscal Year 2016 Budget was published, along with the Department of Treasury's Greenbook, a detailed explanation of the President's proposed budget. Because the proposed legislation must pass a Republican-led Congress, the President's budget may be "aspirational.
Credit Bidding: Secured Creditor Beware
The right to credit bid under section 363(k) of the Bankruptcy Code can be an important safeguard that protects a secured creditor against the risk that its collateral may be undervalued at an asset sale, and courts have traditionally described a secured creditor's right to credit bid as fundamental and near absolute. However, as some bankruptcy courts have recently reminded us, the right is not absolute, and may be limited by the bankruptcy court "for cause" under section 363(k) of the Bankruptcy Code.
Recent NLRB Actions
Over the last few years, the NLRB has dramatically expanded employee rights to engage in "protected concerted activity" by limiting employers' use of many standard employment policies and practices. Now, the NLRB is implementing sweeping changes to the decades-old representation election process, making it faster and easier for unions to organize the workplace.
The 2015 Employer Mandate Is Here
The year 2015 is here and so is the Affordable Care Act's (ACA) employer "play or pay" mandate, which has been delayed, in total or in part, twice.
Post-Divorce Cash Flow and Financial Workability
Once a stipulation of settlement is entered into or a divorce has been finalized, courts are reluctant to change the terms. If a client complains that he or she was uninformed, made a poor financial decision, or did not properly handle the assets post-divorce, the likelihood of modification or reformation is, at best, slim.
<b><i>Practice Tip:</b></i> Health Savings Accounts As Assets in a Divorce
As health care options continue to evolve, there has been a proliferation of high-deductible plans with the most popular being a health savings accounts (HSA). This plan takes advantage of the unique tax rules created by the IRS to maximize pre-tax contributions and appreciation on investments made within the account.
Alimony Reform in 2014: A Review
After almost three years of legislative debate over proposed versions of the law, alimony reform has now come to New Jersey. This article reviews the reform of the New Jersey Alimony Statute, and discusses how those changes compare with the reform of alimony laws in other states.
