Imputed Income: A Look at What Courts Find Persuasive
In Part One of this article, we looked at some of the factors courts use in determining whether to impute income to a divorcing spouse, and how much. But one of the most powerful influences on a court's decision to impute income may be its suspicion that a party simply is not being as forthcoming with the truth as he or she should be.
Employers Can Decline Qualifying Leave Under the FMLA
Congress enacted the Family Medical Leave Act (FMLA) to allow employees to take necessary leave from their jobs for their own or a family member's serious health condition. Congress's intent was to help employees to "balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interest in preserving family integrity ' in a manner that accommodates the legitimate interests of employers." 29 U.S.C. ' 2601.
Prenups
With pandemic use of Facebook, Twitter and other online information-sharing tools creating heightened concerns over privacy, more couples are opting to put language into their prenuptial agreements restricting what their future spouse can reveal about them online.
Case Notes
Discussion of an interesting case from New York
Workplace Bullying
There is currently no law, either at the federal or the state level, targeted to fight workplace bullying. Thus, the laws available to victims of bullying are the traditional protections against harassment and discrimination based on membership in some protected category.
Further Precedent Supporting the Retention of CROs
A recent decision in the United States Bankruptcy Court for the Central District of Illinois is part of a growing trend of opinions and orders around the country allowing a debtor to retain a chief restructuring officer (CRO) under sections 105(a) and 363(b) of the Bankruptcy Code, rather than section 327(a) of the Bankruptcy Code.
Immigration Status
To provide clarity to employers as to permissible questions that may be posed to prospective employees, the authors list the most common questions that corporate clients ask ' and provide recommendations.
Employee Departures and Data Loss
There are numerous ways to lose or fail to identify employee electronically stored information that could reasonably be relevant to litigation or a subpoena, and it seems that new sources appear regularly.
