Summary A Separation and Release Agreement is a contract between the “Company and a departing employee. A Separation and Release Agreement minimizes the threat of litigation against the Company and protects the Company’s goodwill. Instructions to Employers Consideration A Separation and Release Agreement must include consideration in order for the Agreement to be legally binding […]
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Summary Correctly classifying workers is of significant importance in order to avoid litigation, damages, and penalties. Whether a worker is an independent contractor or employee depends on an analysis of the factors cited below. In summary, for an employer-employee relationship to exist the employer must have ‘the right to control and direct the work of
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Under California law, employees are presumptively entitled to overtime pay if they work more than eight hours a day or 40 hours a week.[1] However, some categories of employees are exempt from the mandatory overtime requirement pursuant to wage orders issued by the Industrial Welfare Commission (“IWC”).[2] The IWC has promulgated 17 different “wage orders”
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The FLSA The Fair Labor Standards Act (“FLSA”) mandates that an employer must pay its employees “one and one-half times the regular rate at which he is employed” for any time worked in excess of forty hours per workweek.[1] There are exemptions to this overtime requirement for employees employed in a “bona fide executive, administrative,
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Charging Orders Utah permits personal creditors of an LLC owner to obtain a charging order against the debtor-owner’s membership interest. A charging order is an order issued by a court directing an LLC’s manager to pay to the debtor-owner’s personal creditor any distributions of income or profits that would otherwise be distributed to the debtor-member.
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In Arwood v. AW Site Servs., LLC (Del. Ch. March 9, 2022), the Seller was approached by Buyer about selling the business. Seller “lacked the know-how or inclination to prepare financial records or to formulate useful valuations,” so Buyer requested, and obtained, “full and unfettered access to the businesses’ raw financial and other records” to use in
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