NEGLIGENCE Part 2: Was There a Breach of Duty?
By: Benjamin A. McBride and Heather Rooney McBride In order to recover damages on a theory of negligence, a claimant must show that: (1) a duty existed between the parties, (2) a breach of that duty occurred, (3) the breach of that duty was the proximate cause of the resulting injury, and (4) actual […]
WHAT WILL THE NEW OVERTIME RULES MEAN FOR EMPLOYERS?
By: Nicole D. Lindsey and Heather Rooney McBride The Department of Labor (“DOL”) has issued proposed rulemaking that would update the regulations governing overtime eligibility under the Fair Labor Standards Act (“FLSA”). The DOL last updated the regulations in 2004, and the current salary threshold for exemption is $455 per week ($23,660 per year). […]
The Different Forms of Custody and What They Mean for You
By: Brittany E. O’Brien and Heather Rooney McBride When going through a divorce in which there are children, one of the first things people are concerned about is custody. Where will the children reside and who will have the ability to make legal and financial decisions for them? There are two parts of custody, legal […]