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Mowery Youell & Galeano, LTD. Attorneys at Law
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March 2012 Archives

Attentive divorce planning can improve financial future

Beginning a divorce is an emotional and often stressful process, as many Ohio residents know. As emotions run high, it can be difficult to focus on the financial future. However, it is important to consider all aspects of the financial outcome of a divorce in planning for future needs.

Dennis Quaid faces third divorce, wife cites personality conflict

High-asset divorces can encompass many different people. Couples who divorce after decades of marriage, very wealthy people and celebrities likely come to mind. Today, we will discuss the recent news of actor Dennis Quaid's third divorce that some Ohio residents may have heard about.According to The Washington Post, Quaid's wife of seven years filed for divorce citing a "conflict of personalities." Although it is not clear exactly how much the notable actor is worth, it is likely a substantial sum. One of the most complicated issues in a high-asset divorce like this one is often property division. While most courts will do their best to arrange a fair and equitable division of assets, divorcing couples do not always agree on how marital property should be split.

Labor Board Recess Appointments Under Challenge

Cases are emerging challenging whether President Barack Obama overstepped his constitutional authority when he relied on recess appointment powers to appoint three members to the National Labor Relations Board (NLRB).  After the 2011 U.S. Supreme Court holding in New Process Steel v. NLRB that two members are not enough for a NLRB quorum, these recess appointments are necessary in many cases to provide authority for the NLRB to act.  Obama appointed three members to the Board on January 4, 2012, bypassing Senate confirmation by claiming lawmakers were in recess and unable to advise and consent on the nominations.   Presidents are permitted to make appointments without Senate confirmation only during a recess.  The Obama Administration has claimed authority to make such appointments because they have found the Senate was on a 20-day recess, even though it has held periodic pro forma sessions in which no business is conducted.

Marital assets: Who gets Rover?

When an Ohio couple files for divorce, they begin a process that will lead to the division of their martial assets and property. This negotiation over dividing marital assets in a divorce can be emotional, as the couple works to come to agreement about who will get to keep property like the family home, the car and even sentimental items like art work or vacation souvenirs. Increasingly, couples involved in a divorce must also come to an agreement as to who gets to have custody of the family pet.

Alimony dispute: actor Terrence Howard battles in court

Often times in a marriage, one spouse may be financially dependent on the other spouse for many or all of their needs. A divorce, then, could leave that spouse destitute, which is why many states, including Ohio, allow for alimony payments. That way, the financially dependent spouse is able to maintain a reasonable standard of living even following the end of the marriage.

Tipped Employees Reach $5.25 Million Settlement with Famous Chef

Celebrity Chef Mario Batali reached a settlement of alleged tip credit improprieties with approximately 1,100 tipped employees who worked in several of his restaurants including Babbo, Del Posto, Casa Mono, Bar Jamon, Esca, Lupa and Otto. The class-action suit brought on behalf of waiters, captains, servers, busboys, runners, and bartenders is similar to many others in the past several years concetrating on restaurants in New York and elsewhere. The lawsuit alleged that Batali, business partner Joseph Bastianich, and their restaurants had a policy of impermissibly deducting an amount between 4 to 5 percent of total wine sales at the end of each night from the tip pool and keeping the money.

Social media increasingly contributes to divorce

Finding friends and relatives that you haven't been in touch with in recent years is one of the benefits of social media. As some Ohio residents may have experienced, people from high school or college can re-enter your life after you become "friends" on a website like Facebook. Some people, reports suggest, are finding that the online friend may be more appealing than their current life. In some instances, this can lead to divorce.

National Labor Relations Board Posting Penalties Exceed Authority

The United States District Court for the District of Columbia issued a decision today finding that the NLRB posting requirement provision deeming a failure to post an unfair labor practice (ULP) and tolling the statute of limitations in ULP actions against employers who fail to post violate the National Labor Relations Act (NLRA) and are invalid as a matter of law.

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