Employees Can Decline Qualifying Leave Under the FMLA
As a result, an employer can insist on designating leave as FMLA if it has reason to believe it qualifies, and then can retroactively remove the designation (to the benefit of the employee) if it turns out the leave was not qualifying. The bell can be "unrung," but only if it benefits the employee.
The Weinstein Bill: Improved Access to Custody Reports
Assemblywoman Helene has proposed a Bill to create a more fair and uniform approach to New York's chaotic custody problem via amendments to its Domestic Relations Law and Family Court Act. Herein is a discussion of the pros and cons of that Bill.
Casualty: A Tenant's Perspective
This article examines a tenant's perspective with regard to those topics, and offers certain insights into how a tenant should draft its lease in order to protect itself in the event of a casualty situation.
Divorce in the Red Zone
As discussed in Parts One and Two of this article, the author suggests the Red Zone concept as a means to explain to divorcing parties the stages of the dissolution process and the actions that should be taken at each. After the Preliminary Conference Red Zone, discussed last month, come the Discovery, Pre-Trial Conference and Trial Red Zones.
Municipalities Have Power to Zone Out Fracking
What limits are there on a New York municipality's exercise of its zoning power? The Court of Appeals recently addressed that question in the context of municipal ordinances banning fracking, but the implications of the case are broader, suggesting that the state legislature must use explicit language to pre-empt local zoning authority.
