March / April
Showing 497–512 of 616 results
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How does state of mind affect giving FMLA notice?
March / April 2010
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 893
Abstract: To invoke the protection of the Family and Medical Leave Act (FMLA), an employee must give his or her employer sufficient and proper notice. But how does an employee’s alleged state of mind affect that invocation? In one case, when a worker stated he’d had a nervous breakdown, the supervisor believed he was intoxicated and making unacceptable excuses for missing work. After more absences, the worker was demoted, and he eventually quit — and sued, claiming that that the company had interfered with his rights under the FMLA. An appeals court disagreed.
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ADA case turns on participation in accommodation process
March / April 2010
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 495
Abstract: The accommodation process is a key part of the Americans with Disabilities Act (ADA). But who’s at fault when the single accommodation offered is rejected and no other alternatives are discussed? This was the situation in a case involving a worker who was exposed to chemical fumes as a part of her job, but who rejected an accommodation without offering an alternative.
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Silence is costly – Plaintiff’s inaction key in racial discrimination case
March / April 2010
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 966
Abstract: When an African-American worker experienced several episodes of racial harassment, management took a number of steps to nip it in the bud, and the HR representative asked the worker to keep him informed of any further incidents. Such incidents continued, but the worker kept silent. He eventually quit and then sued, alleging that he’d been subjected to a racially hostile work environment and constructively discharged. This article discusses an appeals court’s findings, while a sidebar discusses a different outcome in a similar harassment case.
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Construction Law Quickcase: Andrews v. City of Springfield – RFP process throws city to the dogs
March / April 2010
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 329
Abstract: Rather than taking the time to acquire property, design a new building and get public construction bids, Springfield, Mass., decided to issue a request for proposals (RFP) to lease an animal control center built to its specifications. Springfield taxpayers sued, seeking a declaration that the construction arrangement was invalid and violated local construction bidding laws.
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Unwritten code: Drainage system is no “extra”
March / April 2010
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 430
Abstract: When, after signing a contract for a new building, a doctor found out that local building codes required the construction of a commercial building drainage system, she disputed the additional charge. The court’s finding illustrates that every construction contract calling for code compliance includes, by such reference, all the provisions of the applicable building codes and laws just as if they were written into the contract — whether or not the contractor is aware of them.
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The Davis-Bacon Act – Construction workers or coal miners?
March / April 2010
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 799
Abstract: The Davis-Bacon Act, which mandates that workers on federal jobs be paid prevailing wages, has given rise to many conflicts over the years. In 2004, West Virginia approved a Davis-Bacon exemption for coal miners spreading mine spoil along a 14-mile roadway and adjacent property intended for commercial development. A labor group brought suit, claiming that the exemption violated federal and state prevailing wage laws. But a federal judge determined that the mere involvement of workers and a construction project doesn’t necessarily mean the law’s protections can be enforced by unions, unless the union can show that the failure to pay prevailing wages caused a direct loss to the union itself.
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File the claim – Court examines insurer’s duties under its policy
March / April 2010
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 973
Abstract: Insurance is important to any construction project. But contractors are often hesitant to file a claim if their odds of a favorable result appear slim. As one recent case shows, however, the effort to file a claim can pay off no matter what the result. At a minimum, contractors most likely can get their attorneys’ fees and court costs paid by the insurer. This article looks at the details, while a sidebar lists two specific protections a business should receive in exchange for its premiums.
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Dealer Digest
March / April 2010
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 464
Abstract: This issue’s “Dealer Digest” spotlights a recent Grant Thornton survey indicating executive concern over the cost of employee benefits; how to use social media to build relationships with customers; and a J.D. Power survey showing increasing use of the Internet for vehicle shopping.
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Accent on foreign accounts
March / April 2010
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 615
Abstract: The IRS is offering guidance on how to fill out its annual “Report of Foreign Bank and Financial Accounts,” commonly known as FBAR, as it gears up for 2009 returns. Investigators use FBARs to help identify, or trace, funds used for illicit purposes — or to identify unreported income kept or generated abroad. Teaming up with the U.S. Department of Justice, the agencies say they’re prepared to assess civil and criminal penalties for violations. This article discusses who must file, and when.
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AR management – Step up to the plate
March / April 2010
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 756
Abstract: Strong accounts receivable (AR) management can help dealerships hit home runs — and stay in the game. There are a variety of collection techniques dealers can use for vehicle accounts receivable, parts and service receivables, contracts in transit, factory receivables, and warranty claims.
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Dealership financing – It’s hard, but not impossible, to uncover
March / April 2010
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 1010
Abstract: The auto industry may show signs of recovery, but financing isn’t expected to return to normal anytime soon. And funding a floor plan, other operations and future capital expenditures is likely to remain a challenge. But there are steps dealers can take to convince lenders they’re a worthy risk. It’s important for a dealership to sit down with their accountant and develop a presentation that will help convince the lender of their creditworthiness. If the primary lender is unmoved, there are four additional sources of funding that might be available. A sidebar to this article lists eight questions to ask a lender about loan terms.
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Construction Success Story – Contractor considers supplementary certification
March / April 2010
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 449
Abstract: For the owner of a general contracting business in a mostly urban rehab/high-rise market, times were tough. With the economy in gradual recovery mode, work was slowing down and competition was stiff. So, during a visit to his financial advisor, the owner asked for ideas on gaining an edge. She had one that he found quite surprising: supplementary certification. Contractors who seek certification beyond what’s required for licensure, she explained, are in a better position to compete for business and broaden their horizons in areas they wouldn’t normally explore. She mentioned several well-known organizations where he might go for continuing education and certification courses.
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Mind your metrics – Key financial measures can keep you in the game
March / April 2010
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 663
Abstract: As the local market picks up or slows down, contractors need to know exactly where they stand financially to reasonably decide whether to move boldly forward or pull conservatively back. And when it comes to determining financial standing, the more accurate and precise one is, the better. That’s where certain key financial measures come into play. This article discusses such measures as return on assets and return on equity, along with a number of important ratios.
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Extended NOL carryback period offers contractors tax relief
March / April 2010
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 434
Abstract: This tax season, some construction companies may find welcome relief from an uncertain economy and challenging marketplace because of the recently extended net operating loss (NOL) carryback period. This provision is part of the Worker, Homeownership and Business Assistance Act of 2009, a bill passed last November that aims to create jobs and offer respite to struggling businesses and the unemployed. The newly renewed NOL rules allow most businesses to carry back their NOLs for up to five years, instead of the previously sanctioned two.
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Better start, better finish – 5 steps for avoiding project delays before work begins
March / April 2010
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 875
Abstract: Project delays occur for a number of reasons, and can range from small misunderstandings to huge conflicts that may put the financial success of a project on the line. But there are five steps that will help a contractor get to the finish line quicker by getting off to a better start: checking the owner’s financing; having a specific, well-defined contract; collaborating with all parties on a plan of action; creating standardized information management systems and processes; and choosing suppliers wisely. A sidebar to this article lists key questions that a contractor should ask potential vendors when considering a shift to paperless operations.
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Tax Tips – Much ado about NOLs – A 100% tax-free IRA? – Keep a close eye on the estate tax
March / April 2010
Newsletter: Tax Impact
Price: $225.00, Subscriber Price: $157.50
Word count: 461
Abstract: In this issue’s “Tax Tips,” we briefly look at the 2009 extension of the net operating loss carryback period; an essentially 100% tax-free IRA; and an update on possible estate tax legislation.