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The Obama Overtime Rule is Dead

Posted by Attorney David McClurg in Employer-Employee Relationship, Labor Relations / Comments

Last November, a federal judge in Texas blocked implementation of the Department of Labor (“DOL") Rule that raised the salary an employee must earn to be exempt from federal overtime regulations from $455/week ($23,660/year) to $913 per week ($47,476/year). He held that the plaintiffs were likely to prevail on the merits of their argument that the DOL exceeded its authority by imposing such a large increase in the salary test. ...

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Is Your Leasehold Interest in Danger if Your Landlord Files Bankruptcy and Sells the Property?

Posted by Attorney David J. Espin in Bankruptcy / Comments

As the ubiquitous maxim goes, “hard cases make bad law." Although this is oftentimes accurate, in some instances hard cases prompt courts to undertake a detailed and thorough analysis of the law which can lead to well-reasoned decisions that create thoughtful and practically useful precedent. Such is the case in a pair of court of appeals opinions regarding the interplay between two important bankruptcy code provisions that appear to be ...

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Employer-Friendly 7th Circuit Case Highlights Risk of Wage Claim for After Hours Email Communications

Posted by Attorney David McClurg in Labor Relations / Comments

The 7th Circuit Court of Appeals recently issued a decision that will be welcomed by employers, but also acts to remind us of potential trouble that employers face in connection with “after-hours" work performed on mobile devices. The case involved claims by Chicago police officers that they had not been paid for time they spent, after the end of their normal shifts, monitoring and responding to email messages on their ...

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Gift Card Regulations: What Your Business Needs to Know

Posted by Attorney David J. Espin in Gift Cards / Comments

Gift cards are a recent trend many businesses are turning to in order to increase lagging sales, especially around the holidays when shoppers are looking for gifts that are versatile enough for those hard-to-please recipients. However, before you decide to use gift cards to give your company's sales a boost, you should familiarize yourself with the rules and regulations surrounding their sale in order to avoid litigation or a costly ...

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Federal Court Rules that a Company's Website Must be Accessible to Its Blind Patrons

Posted by Attorney David McClurg in Labor Relations / Comments

In the first lawsuit of its kind to go to trial, a Florida federal judge recently ruled that Winn-Dixie's website is a “place of public accommodation" subject to the ADA because it is “heavily integrated" with the company's physical store locations. (For example, prescriptions can be refiled on the website and then picked up at the pharmacy located in the store.) As a result, the Court ordered the Company to ...

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When Your Brick-and-Mortar Customer Files Bankruptcy: A Brief Analysis of Preference Actions and Common Defenses

Posted by Attorney David J. Espin in Bankruptcy / Comments

The proliferation of online retailers like Amazon has come at the expense of many traditional brick-and-mortar stores. As a result, many are turning to chapter 11 reorganizations in an effort to prolong the inevitable slide towards shutting their doors for good. This poses unique challenges for many of these stores' suppliers, especially when it comes to the complicated issues surrounding preference actions.For anyone that has been on the receiving end ...

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The NLRB Invalidates More Employee Handbook Policies

Posted by Attorney David McClurg in Labor Relations / Comments

Section 7 of the National Labor Relations Act grants employees the right to engage in “concerted activity" for the purpose of “mutual aid and protection." Section 8 of the Act makes it unlawful for an employer to interfere with, restrain or coerce employees in the exercise of those rights. Over the past several years, the National Labor Relations Board has relied on these provisions to invalidate a number of common ...

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Receivership or Chapter 11: Which One is Right for Your Company?

Posted by Attorney David J. Espin in Bankruptcy / Comments

If your business has hit a rough patch, it's facing a big judgment, or if the bank is calling its loan due, you may be wondering what options are available for your company. Assuming you don't want to hand the keys to the bank and move on to a new venture, two options exist for Wisconsin business owners: (1) a receivership under chapter 128 of the Wisconsin statutes, or (2) ...

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The Winding Road of Wisconsin Non-Compete Law

Posted by Attorney David J. Espin in Non-Competes / Comments

If you're a Wisconsin business owner looking to protect your company's confidential information, customers, or personnel with a non-compete agreement, it can sometimes feel like the legal ground is constantly shifting beneath your feet. In a sense, it is. There may be no other area of law in which the guidelines on what is and is not permissible changes so often. A short review of recent Wisconsin court decisions demonstrates ...

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Theft by Contractor Claims and Dischargeability

Posted by Attorney David J. Espin in Theft by Contactor / Comments

One of the industries hit hardest by the financial crisis was the construction industry, which includes many prime contractors and subcontractors. In addition to the effects of the slowdown in housing construction, contractors are particularly vulnerable to recessions due to their reliance on payments from other contractors up and down the construction chain. When one contractor goes under, they will often drag others down with them. This leads to contractors ...

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