Enron and Anna Nicole Smith
This article explains, in the bankruptcy litigation context, the probate exception, an arcane and traditionally misunderstood common law exception to federal jurisdiction.
<B>BREAKING NEWS:</B> Wal-Mart Loses $6.5 Million Wage-and-Hour Class Action
On July 1, after a three-month bench trial, a state court judge in Minnesota ruled that in failing to provide rest breaks, Wal-Mart broke state labor laws more than 2 million times. Judge Robert King Jr. awarded $6.5 million in compensatory damages to the class, which consists of about 56,000 Wal-Mart employees in Minnesota.
CA Justices Rule in Dispute over Artificial Insemination
Less than two weeks after stunning the nation by upholding marriage rights for same-sex couples, the California Supreme Court in May seemed poised to deliver another victory for gay rights. <i>North Coast Women's Care Medical Group v. Superior Court.</i> Specifically, the court gave every indication during oral arguments in San Francisco that it would rule that doctors cannot invoke their religious beliefs to deny gays and lesbians medical services.
Managing the Risks of Telecommuting
In order to minimize the legal risks presented by telecommuting employees, a prudent employer will enter into written agreements with its telecommuting employees, setting forth the obligations and expectations of each party involved in the telecommuting relationship.
Special Issue: Telecommuting: Office Space Without Walls
This article does not attempt to provide a comprehensive list of every issue that telecommuting presents, but rather, examines some of the most important issues in the following four areas: employee status for tax purposes; wage and hour; reasonable accommodation under the ADA; and workers' compensation.
Judge Rejects Ex-Wife's Bid for Lifetime Maintenance
Noting that Americans are living longer with fewer financial resources, a Long Island, NY, judge has refused to order a 59-year-old car salesman to pay lifetime maintenance to an ex-wife with health problems.
Retaliation Claims.
Retaliation claims are on the rise. Commonly brought under state or federal discrimination laws, wage/hour laws, Sarbanes-Oxley, or other regulatory schemes, such claims are becoming more prevalent. One likely reason for the rise in such claims is that they are viable even when the claim of discrimination or illegal conduct that underlies the alleged retaliation is determined not to have merit. This article contains savvy advice for employers.