Topic
Exemption
103 published works
Texas Bankruptcy Blog
What Are Your Exemptions Under Texas Law?
By Bryan Fears
Are you at the end of your financial rope? Thousands of Texans file for personal bankruptcy every month. The reason why is understandable. In the last several years, wages have…
Wage & Hour Law Update
Second Circuit Affirms Applicability of Executive Exemption to Warehouse Captains
Last year, in a decision discussed here, District Court Judge Richard Berman of the Southern District of New York determined that warehouse captains for defendant Baldor Specialty Foods qualified for…
Texas Bankruptcy Blog
Non-Possessory, Non-Purchase Money Security Interest
By Bryan Fears
Every profession has its “special language,” and bankruptcy law is no different. Many of the specialty terms in bankruptcy are easily understandable, and taking advantage of certain bankruptcy processes can…
Texas Bankruptcy Blog
Should I Wait To File Bankruptcy?
By Bryan Fears
Most people wait too long to file a personal bankruptcy case. Delay can cause judgments, foreclosures, garnishments, bank seizures, and even cost you your job. The best advice is to…
Texas Bankruptcy Blog
Bankruptcy Exemptions
By Bryan Fears
In the ancient Roman world, most commercial transactions took place in open market places. Moneylenders transacted business on benches in these markets. When a moneylender failed, his bench (bancus) was…
Wage & Hour Law Update
Court Upholds DOL’s “Administrative Interpretation” Concerning FLSA Status of Loan Officers
Following the DOL’s controversial 2010 Administrative Interpretation concluding that the administrative exemption to overtime does not apply to mortgage loan officers, numerous industry responses followed, including a Mortgage Bankers Association…
California Employment Law Update
Personal Attendant Who Cared For Elderly Person Was Exempt From Overtime
By Tony Oncidi
Cash v. Winn, 205 Cal. App. 4th 1285 (2012) Joy Cash, who is not a licensed or trained nurse, cared for Iola Winn, who is in her 90's, in Winn's…
Texas Bankruptcy Blog
Can I Keep My Jewelry in Bankruptcy?
By Bryan Fears
Everyone knows that the price of gold has skyrocketed over the past decade. During 2002 gold averaged around $300 per ounce, and by 2012 it climbed over $1,700 per troy…
Sixth Circuit Appellate Blog
Sixth Circuit Clarifies Recent FLSA Regulation Change
When Plaintiff John Orton’s employer stopped paying his annual base salary, he brought suit under the Fair Labor Standards Act seeking unpaid wages and expenses. Dismissing Mr. Orton’s claims under…
Employment Class Action Blog
California Supreme Court’s Harris Decision May Become a Helpful Tool in Defeating Class Certification–Or Maybe it Won’t
By Todd Dawson
An Irritable Pessimist's View of a Welcome Decision After several years of waiting, the California Supreme Court handed down its long-anticipated decision in Harris v. Superior Court last week. Given the…