Blog Archive: 2013

HR 101: What Not to Write in Personnel File After Employee Files EEOC Complaint

The human resources manager for the defendant in the recent Texas Court of Appeals case of A&L Industrial Services, Inc. v. Oatis, apparently never took this course. Largely because of his actions, the plaintiffs—former employees who were terminated—were able to convince a jury not only that they were retaliated against for complaining about discrimination, but also that they were entitled…

Peter J. Weishaar

Should You Be Paying Overtime to Your Salaried Employees?

Small to mid-size business owners are usually "real people" trying to do the right thing for their employees. With a small workforce, management/owners often know and work closely with their…

Car Lease Terminations -- And the Unwelcome Surprises

The end of your three year car lease approaches. You have decided not to buy out the car (the residual is just too high, and you want a new car), and intend to turn it in to a dealer. If you are…

Assumption of the Risk

Now that the summer season has arrived, residents in New York are eager to enjoy the warm temperatures and long days by participating in sporting and other recreational activities. This might…

Fifth Circuit Clarifies Interest Rates for Cram-Down Plans

In a recent decision affirming the confirmation of a chapter 11 plan of reorganization, the United States Court of Appeals for the Fifth Circuit adds to the growing body of judicial precedent that…

Fair Market Value Rule: The Measure of Seller's Damages for Buyer's Breach of Real Estate Deal

The measure of damages for breach of a real estate contract by a buyer is to be determined by the difference, if any, between the contract price and the fair market value of the property at the time…

Revised FMLA Regulations and Updated Poster

The U.S. Department of Labor (DOL) recently issued a revised Final Rule regarding the Family and Medical Leave Act (FMLA). The changes involve military caregiver leave for a veteran, qualifying…

New Form I-9 Released for Immediate Use

All employers are required to complete IRS Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States. On March 8, 2013, a new version of the…

HIPAA Changes Require Revised Privacy and Security Documents

Most health care providers have established procedures and policies for handling patient Protected Health Information ("PHI"). Due to recent regulatory updates, it is time to revisit security…

Punitive Damages in Civil Lawsuits

Punitive damages, also known as "exemplary damages," may be awarded by the trier of fact (a jury or a judge, if a jury trial was waived) in addition to "actual damages," which compensate a plaintiff…