Mowery Youell & Galeano, Ltd.
Mowery Youell & Galeano, LTD. Attorneys at Law
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September 2013 Archives

Remarriage rate drops 40 percent in past 2 decades

Sociological science is the study of human behavior and interactions, and there is nothing that fits better into this definition than intimate relationships and the analysis of marital trends. Sociologists with the National Center for Family & Marriage Research at Bowling Green State University found that a new trend is emerging when it comes to marriage after divorce.

In vitro plays role in custody separation of fraternal twins

In our Columbus Divorce Law Blog, we recently wrote about in vitro fertilization and how courts might interpret the parental rights of donors in child custody cases. Donor rights are not the only factor that might complicate child custody conversations involving artificial insemination.

Department of Labor Issued Fair Labor Standards Act Final Rule

On September 17, 2013, the United States Department of Labor's Wage and Hour Division announced a final rule expanding the Fair Labor Standards Act's minimum wage and overtime protections to direct care workers who provide essential home care assistance to elderly people and people with illnesses, injuries, or disabilities. The final rule is effective January 1, 2015. The rule extends coverage of the minimum wage and overtime requirements to home health aides, personal care aides, and certified nursing assistants. Many employees and employers in the home health care industry will have questions regarding the appropriate implementation of the rule's requirements. Issues involving whether payment is necessary for rest breaks, meal time, or travel time are some of the concerns that can be addressed with competent labor and employment counsel.

Employee's Conduct At EEOC Mediation Leads to Permissible Firing

A recent 7th Circuit Court of Appeals retaliation case demonstrates that employees must adhere to certain levels of decorum. After receiving a settlement proposal he thought was insultingly low during an Equal Employment Opportunity Commission ("EEOC") mediation, Michael A. Benes reportedly stormed into a room occupied by his employer's representatives "and said loudly: 'You can take your proposal and shove it up your ass and fire me and I'll see you in court.'" Benes v. A.B. Data, Ltd., 119 Fair Empl.Prac.Cas. (BNA) 509, 2013 WL 3838112 (7th Cir.2013). When the employer did, in fact, fire Mr. Benes, he sought protection from the firing through the anti-retaliation provision of Title VII of the Civil Rights Act of 1964. However, the Court found that his outburst during mediation was not protected. The Court of Appeals upheld the District Court's granting of summary judgment to the employer and indicated "[s]ince ยง2000e-3(a) does not create a privilege to misbehave in court, it does not create a privilege to misbehave in mediation."

Warnings about social media risks not just for kids

With the explosion of social media, parents are taking more time out of their day to talk to their children about the dangers of social media. Parents may sit their kids down and warn them that everyone isn’t who they say they are, that bullying online is just as bad as in person or share the fact that anything typed or uploaded is forever.

I'm entitled to half of everything in a divorce, or am I?

There is often a broad assumption that a spouse is entitled to his or her fair share, which amounts to exactly half of the marital assets. The truth is that what a spouse is entitled to during property division depends on the where they live, who their judge is or what process the couple decides to participate in.

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