FMLA Tips:

Run FMLA time concurrently with sick leave. Although an employee may not want to use FMLA time if he/she has sick time or other paid leave time available, it is up to the employer to designate leave as FMLA-qualifying. This will minimize the amount of time off in any year. Make sure that company policy […]

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New EEOC Enforcement Guidance on Pregnancy Discrimination And Related Issues

On July 14, 2014 the U.S. Equal Employment Opportunity Commission published a document entitled: “Enforcement Guidance: Pregnancy Discrimination and Related Issues.” This document supersedes an EEOC Compliance Manual dating back to 1991. It provides guidance regarding the federal Pregnancy Discrimination Act (PDA) enacted in 1978 and the Americans with Disabilities Act (ADA) as they apply […]

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Fraud Is Alive and Well In 2014

When authorities entered Bernie Madoff’s private offices after his fraud was revealed, they found a silver sculpture in the shape of a screw on his window sill.  The name of his yacht was “The Bull Ship.”  Madoff was laughing in the faces of the thousands of investors he bilked. Today, approximately six years after Madoff […]

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Sixth Circuit Court of Appeals: Individual Chapter 11 Debtors Cannot Retain Pre-Petition Property Pursuant to a Nonconsensual Chapter 11 Plan if Creditors are not Paid in Full

In a recent decision, the United States Court of Appeals for the Sixth Circuit reversed a bankruptcy court decision from the United States District Court for the Eastern District of Tennessee which held that the absolute-priority rule, codified at 11 U.S.C. § 1129(b)(2)(B)(ii), did not apply in light of the 2005 amendments to the Bankruptcy […]

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Broken Bench

No matter how frustrated a lender may be with his debtor, that automatic stay of Section 362 of the bankruptcy code is still a stay. In the recent case of in re Stellato, decided by the Colorado Bankruptcy Court on May 9, 2014, Mr. Stellato had a grocery and deli. He financed his store equipment […]

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Family and Medical Leave Act Musings

Intermittent Leave While FMLA leave may be taken in small increments to allow an employee to attend a doctor’s appointment or care for a sick child, employers should be aware of employees who seek to apply FMLA leave to such things as random work breaks and late arrivals.  A recent case decided by the Fifth […]

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Creditors Beware: Your Claim Against A Deceased Debtor May Be Forever Barred

Ohio law provides creditors with a very short window of opportunity to present a claim against a deceased debtor. Section 2117.06(B) and (C) of the Ohio Revised Code provides that all creditors having claims against an estate shall present their claims within six months after the death of the decedent, whether or not the estate […]

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You, I’ll Pay

A man was lamenting his financial distress to his closest friend. “My business has been so bad in this economy,” he said, “that I’m afraid I may have to file bankruptcy.” “I have an alternative,” his friend said. “I’ve invented a pill that will slow your metabolism so much, you will appear dead. Here’s what […]

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