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| Calculating Overtime Pay for Dual-Capacity Employees | Many companies, both large and small, have employees that work in a dual capacity over the course of each workweek. In this situation, company management has two options with respect to calculating overtime pay for this employee.
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| Eight True Things About Underground Petroleum Storage Tanks that May Help You in Your Next Deal | It is not uncommon to encounter underground petroleum storage tanks ("UPSTs"), or sites where UPSTs were formerly located in the course of a real estate deal or the sale/merger of a business. Whether that encounter turns out to be a disaster or just another bump in the road may depend on whether you have a basic understanding of how UPSTs are regulated in Texas and the level of liability they can represent.
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| Eviction Proceedings in Louisiana | Eviction is the process of expelling a person and his or her belongings from the premises owned by another person. |
| What is a Texas Mineral Lien? | Provisions establishing the creation of enforcement of a Texas Mineral Lien are found in Sections 56.001 - 56.0045 of the Texas Property Code.
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| Monitoring Employee E-Mail Communications and Internet Usage | The use of computers at work has become a necessity for an
ever-increasing number of employees across practically all industries and
occupations. This use of technology, of
course, offers great benefits through stimulation of economic growth and
expansion, but along with those benefits, come risks for employers.
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| Employment Law: Independent Contractor |
Whether a particular person is an
employee or an "independent contractor" can be significant for a
number of reasons.
Distinguishing between employees and independent
contractors requires analysis of all the facts of the relationship that results
in the product or service provided by the business.
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| The Living Will - What is it and who needs one? |
The Louisiana Natural Death Act (hereinafter "Natural Death Act”) was
enacted to provide individuals with a way to communicate their refusal of
medical care or for the withdrawal or withholding of life-sustaining measures. This is usually done by the individual’s
written consent in a document known as a "Living Will.” |
| The Louisiana Trade Secrets Act: Purpose and the Plaintiff's Burden of Proof |
The purpose of LUTSA is to prevent one person or
business from profiting from a trade secret developed by another, because the
first person would thus be acquiring a free competitive advantage. |
| Corporate "E-Discovery" - A Priority Now or a Risk Later | Many businesses know (or hopefully have a good idea) where all their paper documents are located concerning a specific account, transaction, etc. But if the business is served with a subpoena ordering the production of all "electronically stored information" on a specific matter, including email, within fifteen to twenty days, can the business comply?
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| Idiosyncrasies of Federal Court Practice |
The
methods and practices used in civil litigation in both federal courts and state
courts are governed by rules of civil procedure.
There
are similarities with respect to the procedural rules governing both federal and state courts, but some practical distinctions exist
that should be considered in connection with handling civil cases in the
federal courts located in Louisiana and Texas.
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| Louisiana's UCC Resources |
The Uniform Commercial Code (UCC) has been
adopted in all fifty (50) states (in addition to some U.S. territories and foreign
countries), however each state’s statutes may be comprised of their own variation
of the UCC. Louisiana was the last state to adopt the
UCC and has adopted all but three of the UCC Articles.
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| Piercing the Corporate Veil and Successor Liability | The purpose of creating a corporate entity is to limit the liability of the shareholders. In response to this effort, courts have created equitable exceptions to this concept. Under certain circumstances the corporate entity may be disregarded. |
| Suing Your IT Vendor: Not as Easy as Hitting the Delete Button | Today's corporate enterprise is obviously dependent upon sophisticated technology. We make this not-so-profound observation based upon our experience as lawyers and as businessmen. |
| Construction Law Update | There are several recent cases of note that discuss what level of control over the activities of a subcontractor of independent contractor is necessary to make a general contractor liable for injuries suffered by employees of the subcontractor. |
