While the Trump Administration has effectively blocked the Obama Administration's plan to increase the salary standard for exempt status, its next moves are far from clear. In Nevada v. Dep't of Labor, C.A. No. 4:16-CV-731-ALM (E.D. Tex 2017 Aug. 31, 2017), the United...
PLDO Law Blog
Employment Law
IS MORBID OBESITY A “DISABILITY” UNDER THE ADA?
The answer to the question of whether morbid obesity is a disability continues to be: "sometimes." Because a Chicago Transit Authority bus driver who weighed over 500 pounds offered no evidence of any underlying physiological disorder or condition that caused his...
Password Sharing May Be A Crime
Amid the flurry of recent news about computer hacking and data breaches, a recent lawsuit quietly wound its way up to the steps of the United States Supreme Court. In that case, a former employee left his employer to open a competing business. After he left, he asked...
WORKER’S REQUEST FOR MULTI-MONTH ADA LEAVE AFTER FMLA LEAVE LAWFULLY DENIED
A vexing problem for employers is the period of time it must allow for leave. A very recent decision from the United States Court of Appeals for the Seventh Circuit demonstrates that courts and administrative agencies continue to disagree regarding an employer's...
NON-COMPETE AGREEMENTS IN RHODE ISLAND REMAIN ENFORCEABLE (FOR NOW)
On June 26, 2024, Governor Dan McKee vetoed two bills (S2436 A and H8059 A) that were passed by the General Assembly in the late hours of its final day of the 2024 session. The bills were amendments to the Rhode Island Noncompetition Agreement Act that, if signed into...
ONE RISK YOU SHOULDN’T TAKE IS NOT HAVING THE RIGHT LIFE INSURANCE
If you never return from your sailing trip around the globe or reemerge from the deep ocean depths on the submarine destined for the Titanic, will your family receive the death benefit proceeds from your life insurance policy? That answer, as well as the answer to...
HOW TO BUY ULTRA-DANGEROUS ASSETS
It’s never a good idea to buy an asset, like a boat or plane, in your own name or to have multiple parties on the title. First of all, when your name is on the title, you are personally liable for any damage that the asset may cause. For example, you and Joe own a...
SO, YOU WANT TO WRESTLE AN ALLIGATOR?
Before base jumping into the miasma of risk, the first thing you should do is make sure your estate plan, in its current iteration, meets your needs and has adapted to any challenging or changing family situation. A well-rounded estate plan is literally more of a life...
HOW LIFE INSURANCE PROCEEDS COULD AFFECT A COMPANY’S VALUATION FOR ESTATE TAX PURPOSES
A recent case brought to light the impact that a stock-purchase agreement and life insurance proceeds may – or may not - have on the valuation of a closely held company for estate tax purposes. In this case that caused a split between the 8th and 11th Circuits, the...
