Working Families Flexibility Act

The Fair Labor Standards Act is the federal law which requires private-sector employers to pay time-and-a-half to hourly employees who work overtime.

On Tuesday, May 2, 2017, the United States House of Representatives passed a bill that would give employees who work long hours more time off, but at the expense of their present unwaivable right to time and a half for hours worked in excess of forty in a given work week.

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AppealMaybe you are embroiled in litigation or the issues are complex or the stakes are high. Perhaps you have already considered the potential for appeal, and the final judgment may have already been entered in your case.

That is, a winner and a loser have already been declared and the reality of an appeal is inescapable. You may be asking – Do I need an appellate lawyer?

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federal contractsEvery day, I review several newsletters regarding federal procurement. The one issue that seems to come up with the most frequency is compliance with the many federal and agency rules included in each federal contract. While compliance seems relatively uncomplicated on the surface it is a very complicated area with a high degree of risk.

Failure to comply with the various rules and regulations can result in several consequences. Each consequence listed below, is separate and distinct, that is the Government can pursue one, two or all these actions if you are found to be non-compliant:

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Man writing on paperOn February 17, 2017 the Office of Federal Contract Compliance Programs (OFCCP) sent out approximately 800 Corporate Scheduling Announcement Letters (CSAL) to contractors doing business with the Federal Government. While the CSAL letters have not been sent out for several years, the OFCCP is resuming this practice.

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Valentine’s Day is coming up and millions of consumers are thinking of the perfect gifts for their loved ones; whether it’s a romantic night out or a special purchase off the internet. Certainly when looking to the internet for that purchase the online reviews help direct the buying power. This creative use of technology is used by almost everyone to determine the best products to buy and the best places to visit. However, one big question remains… are they accurate?Online Reviews

Online reviews are very skewed and not for the reason you may think. Sure, some people are biased, but the problem lies much deeper. Many companies are tech savvy and have an arsenal of legal advisors and marketing gurus working to make sure their products receive the best possible ratings. These teams ensure ratings remain high to keep consumers coming through the doors.

Some of these companies go as far as having employees or other individuals sign contracts prohibiting them from engaging in any critical or negative written, oral or pictorial reviews, effectively taking away their right to free speech and further twisting online reviews.

On December 15, 2016, President Obama signed into law H.R. 5111 otherwise known as the Consumer Review Fairness Act. The Act voids a contract if the terms:

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Law.If you have been sued, your first reaction might be that you are going to fight it with everything you have got. While this is understandable, it may not always be in your best interests to fight, even if you think you have a great defense. Here are a few things that might pop up and surprise you if you’re not ready for them.

Inadmissible evidence

If you are relying on a piece of evidence to prove your case, you should be aware that not everything you bring up is going to be admissible in court. That means your great case might be blown to bits because the jury is never allowed to even know about a certain piece of evidence that could really help you out.

There are dozens of reasons why evidence may not be allowed into court, and a full exploration of them is far beyond the scope of this blog, but you need to be aware that the admissibility of evidence is an issue you may find yourself facing. What’s more, even if a certain piece of evidence does end up being admissible, you still have to do certain things to actually get it into evidence. Things such as establishing its validity, showing its relevance, and other matters are the groundwork you have to lay before you can get evidence admitted.

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Wife and husband signing divorce documents or premarital agreementIf you are getting a divorce, you might be wondering whether you should insist on all your rights and slug it out in court or simply come to an agreement both you and your spouse can live with. The decision of whether to contest your divorce is a strategic one that can only be made after you’ve taken stock of your situation and evaluated what your position could be if you were to go to litigation.

An uncontested divorce is faster and cheaper

If your only concern is getting through this as quickly as you can, you almost certainly want to opt for an uncontested divorce. A contested divorce is like any other type of litigation: you have hearings over various motions, discovery requests and responses, and so on. All of that takes time, and a contested divorce can drag out for months or, in extreme cases, even years.

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Last will and testamentIf you have worked hard over the years and amassed a sizeable estate, you will want to make sure you have a definite plan for passing it on to your heirs. If you don’t have a will, your estate will run the real risk of going through costly and time-consuming litigation, and whatever does end up going to your heirs may not be nearly as much as you had hoped. Here are some things to keep in mind when you’re putting together an estate plan.

Make sure that you actually have a will

Some people think that writing a note regarding how they want their assets to be divided is the same thing as having a will. Depending on the laws of your state, this may not be enough to make sure that the way you want your estate to be handled is how it is actually distributed. If you die without a will (known as dying “intestate”) then your estate will be divided according to some standardized rules in your state.

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Mediation. 3D. MiddlemanMediation is a great tool for reaching a solution to your issue without resorting to litigation. As most people know, litigation can be very expensive and time-consuming, and the prospect of rolling the dice when it costs so much to play can be a great motivation to resolve your issues through mediation. However, mediation does take some time and effort on the part of the participants to make sure that it is productive. Here are some things to keep in mind if you are heading to mediation.

Make sure you have a good idea of where you stand

Although you won’t be litigating your case (unless mediation fails) you still need to have a good feel for where you stand. This means you need to know the strengths and weaknesses of your position, and you need to have an idea of how a judge or a jury might react to the various parts of your case.

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WEDNESDAY, MAY 24, 2017