Assistant at Law

When Company Fails to Pay Employees After Bankruptcy When a company files for bankruptcy, it is often difficult and stressful for all involved, including the employees. In some cases, the company may not have the funds available to pay their employees their last paycheck or any severance package that may have been agreed upon. Labor Laws This can lead to legal consequences for the company, as failing to pay employees their earned wages is illegal in most cases. In the United States, the Fair Labor Standards Act (FLSA) requires that employers pay their employees at least the minimum wage for all hours worked and any overtime hours at a rate of at least one and a half times the regular rate of pay. Additionally, the FLSA and state labor laws require that employees be paid all earned wages, including any unused vacation or sick time, at the time of termination. If a company fails to do so, it may be penalized and fined. Rights of an Employee Employees who have not been paid their earned w...

The concept of bankruptcy is a well-established legal process that allows individuals and businesses to restructure their debts and potentially discharge some of their obligations if they are unable to pay them. However, states are not typically allowed to declare bankruptcy under United States law. Why can't states declare bankruptcy? There are a few reasons why states are not allowed to declare bankruptcy in the United States. First, bankruptcy is a federal process regulated by federal law, and no provision in the United States Constitution specifically allows states to declare bankruptcy. Instead, the Constitution allows Congress to establish "uniform laws on the subject of bankruptcies" (Article 1, Section 8). Congress has not passed any laws allowing states to declare bankruptcy. Another reason states are not allowed to declare bankruptcy is that doing so could have significant negative consequences for the national economy. If a state were allowed to declare bankrup...

What Happens to a Residential Condo Owner's Home if the Condo Corporation Goes Bankrupted? If the condo corporation that manages a residential condo building goes bankrupt, it can be a worrying and uncertain time for the individual condo owners. However, it's important to understand that the corporation's bankruptcy does not necessarily mean that the individual owners will lose their homes. First and foremost, the condo corporation's bankruptcy will not affect the individual ownership rights of the condo owners. Each owner will still own their unit and can sell or mortgage it as they see fit. However, bankruptcy may impact the unit's value and make it more difficult to sell. Primary Concern When The Corporation Went Bankrupt The primary concern for condo owners in this situation is the maintenance and upkeep of the building. If the condo corporation is unable to pay its bills, it may be unable to properly maintain the building, leading to potential safety hazards an...

What is the Definition of a No-Fault Divorce? A no-fault divorce is a type of divorce in which the dissolution of a marriage does not require any specific findings of wrongdoing or fault on the part of either spouse. In other words, a no-fault divorce allows a married couple to divorce without having to prove that one spouse did something wrong or is to blame for the failure of the marriage. How Does a No-Fault Divorce Work? In a no-fault divorce, one or both spouses state that the marriage has irrevocably broken down and cannot be saved. This is usually done by filing a petition for divorce with the court, which typically requires the spouses to have been separated for a certain period of time (such as six months) before the divorce can be granted. Once the divorce petition has been filed, the court will review the case and determine whether to grant the divorce. If the court finds that the marriage has broken down and the spouses have no reasonable prospect of reconciling, the divorc...

What are the conditions under which alimony payments can be revoked? Alimony, also known as spousal support, is a court-ordered payment from one spouse to the other to provide financial support during or after a divorce. While alimony is typically intended to be a long-term financial arrangement, there are certain conditions under which alimony payments can be revoked or modified. Conditions for Revoking Alimony One common condition for revoking alimony is a significant change in the financial circumstances of one or both spouses. For example, if the spouse receiving alimony gets a significant pay raise or inherits a large sum of money, the court may decide to reduce or terminate their alimony payments. Another condition for revoking alimony is a change in the living arrangements of the spouse receiving alimony. If the spouse receiving alimony begins living with a romantic partner, the court may decide to terminate their alimony payments. Living with a romantic partner can provide fina...

What are the grounds for alimony in a no fault divorce state? Alimony, also known as spousal support, is a court-ordered payment from one spouse to the other to provide financial support during or after a divorce. In a no-fault divorce, the grounds for alimony are typically based on each spouse's financial needs and earning capacities. In a no-fault divorce state, the court does not consider fault or blame when deciding whether to award alimony. This means that even if one spouse was not at fault for the marriage breakdown, they might still be responsible for providing financial support to the other spouse. The grounds for alimony in a no-fault divorce state may include: The length of the marriage: The longer the marriage, the more likely it is that alimony will be awarded. The earning capacity of each spouse: If one spouse cannot support themselves financially after the divorce, the court may award alimony to help them maintain their standard of living. The age and health of each ...