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Showing 10113–10128 of 10245 results
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Internal affairs – Don’t leave your business open to disparate-treatment charges
March / April 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 600
Abstract: Can a woman who had an extramarital affair with a male co-worker claim gender discrimination when the company fires only her, not the co-worker? This article discusses why the Seventh Circuit said no. Hossack v. Floor Covering Associates, 492 F.3d 853 (7th Cir. 2007)
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Definitions key in determining FMLA eligibility
March / April 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 551
Abstract: The Sixth Circuit held that denying leave to care for an adult daughter and a newborn grandchild didn’t violate the Family and Medical Leave Act. The court found that the FMLA doesn’t entitle an employee to leave to care for a grandchild, and it authorizes leave to care for children who are 18 or older only if they suffer from a serious health condition and are “incapable of self-care because of a mental or physical disability.”Novak v. MetroHealth Medical Center, 503 F.3d 572 (6th Cir. 2007)
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Is obesity a disabling impairment under the ADA?
March / April 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 733
Abstract: That was the question before the Eleventh Circuit. It had to decide whether obesity and related medical conditions constituted a disability under the Americans with Disabilities Act. This article discusses why the court held that the plaintiff wasn’t disabled under the ADA. In a sidebar, this article also explains why a federal trial court held that episodic or medication-controlled conditions aren’t ADA-defined disabilities. Greenberg v. BellSouth Telecommunications Inc., 498 F.3d 1258 (11th Cir. 2007) Wofsy v. Palm Shores Retirement Community, 2007 U.S. Dist. LEXIS 68819 (D.Fla. 2007)
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Liability insurance doesn’t cover everything — but it did cover this
March / April 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 401
Abstract: Generally, a contractor’s liability insurance protects neither contractor nor owner from losses arising from shoddy work. This brief article describes a case that provides a notable exception to this rule of thumb. Travelers Indemnity v. Miller Building, 2007 WL 685230 North Carolina 4th Circuit (2007).
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Separate identities – “Trust fund” conflicts often complicate the bankruptcy process
March / April 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 670
Abstract: Several states have laws on the books stipulating that a general contractor who receives an owner payment must hold the money in trust for the subcontractors and suppliers who provided labor and materials on the project. Under the right (read: wrong) circumstances, however, these superior rights of the “trust fund” beneficiaries can be lost. This article delves into a case involving just such a dilemma. In re R. W. Leet Electric, 2007 WL 2052184 Michigan 6th Circuit (2007).
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Arbitration case turns on two magic words: “Change order”
March / April 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 509
Abstract: Many contractors and subcontractors fail to carefully review arbitration provisions before preparing project estimates. This article looks at a recent case involving the famed West Point military academy that shows just how important arbitration provisions can be. U.S. ex. rel. Mathusek Inc. v. J. Kokolakis Contracting, Inc., 2007 WL 1771561 (S.D.N.Y. 2007).
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Who pays for transportation to and from the job site?
March / April 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 496
Abstract: In order to meet parking obligations in congested or remote areas, contractors may provide parking at a spot distant from the project location and give workers free transportation from the parking lot to the job. Seems simple enough — until litigation arises over when the clock goes on and off for workers riding the company-provided transportation. This article discusses a case arising from this very circumstance. Burnside v. Kiewit Pacific, 2007 WL 1760747 California 9th Circuit (2007).
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A schedule’s a schedule – Abiding by a recovery schedule is key to preserving legal rights
March / April 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 947
Abstract: No matter what’s being built, a schedule’s a schedule. And a court can use a recovery schedule to justify early default termination of even the biggest of contracts. This article looks at a recent case involving household names such as McDonnell Douglas, General Dynamics and, last but not least, the U.S. Navy, that provides ample evidence of this. McDonnell Douglas v. United States, 76 Fed. Cl. 385 (2007).
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Dealer Digest – Initiative aims to slash third-party health care costs
March / April 2008
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 510
Abstract: Covered are an initiative to cut third-party health care costs; tips on leasing contracts for your sales team; and the merits of e-scheduling customer appointments.
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Beating the shop-supplies-fee blues – Separate charge brings in cash but may rile customers
March / April 2008
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 562
Abstract: Many dealerships are reassessing whether charging a shop supplies fee is worth the trouble it causes. This article discusses customer- and business-related issues to consider as well as viable alternatives. (Updated 12/30/12)
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Sound estate planning – An FLP can provide both tax and nontax benefits
March / April 2008
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 1026
Abstract: After years of hard work to build your dealership, it’s time to protect that legacy for your children or other loved ones with a sound estate plan. A family limited partnership is one of many available tools that may help you achieve your goals. A sidebar on “8 ways to build a tough FLP” can prepare you for an IRS challenge. (Updated 5/30/12)
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What’s new about used?
March / April 2008
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 405
Abstract: Used vehicle sales are critical to the success of most dealerships. No different from new vehicle operations, your used vehicle business is subject to trends. This article discusses two to stay on top of: price-comparison Web sites and subprime lending.
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Batten down the hatches – Cross-training keeps you afloat when a key employee leaves
March / April 2008
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 658
Abstract: If a key employee jumps ship or falls overboard because of a new job, illness, retirement or death, that person’s absence can leave your dealership critically understaffed and at risk from the competition. This article prepares you to be ready for rough seas until you find and train this star sailor’s replacement. (Updated 5/30/12)
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Construction Success Story – Contractor creates a total communications plan
March / April 2008
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 355
Abstract: In this issue’s “Construction Success Story,” the owner of a midsize construction company that specializes in commercial projects was growing increasingly concerned that many of her staff members felt left out of the communications loop. She wanted to restore morale without blowing her budget on expensive technology. For guidance, she turned to her financial advisor and, together, they devised a cost-effective “total communications plan.”
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Psst — wanna buy my construction company? ESOPs offer another retirement option
March / April 2008
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 668
Abstract: As many contractors near retirement, they begin to wonder what to do with their businesses. In many cases, the answer is to sell to a third party, transfer ownership to family or key employees, or liquidate. There is, however, another option worth considering — the employee stock ownership plan (ESOP). This article discusses the ins and outs of these increasingly popular arrangements.
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5 ways to strengthen your surety relationship
March / April 2008
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 563
Abstract: Call it a “necessary evil” or “the cost of doing business.” However one looks at it, for most contractors, bonding is a fact of life. One way to keep your bonding capacity strong is to maintain a strong relationship with your surety. This article provides five ways to do just that.