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We decided to create this blog to highlight recent developments in the field, discuss significant milestones and share some of our insights. This blog is for informational purposes only and is not intended to provide legal advice. In Kern, trustees of funds affiliated with a Sheet Metal Workers local brought suit in the bankruptcy court against the principal owner of a closely-held sheet metal company that went out of business owing contributions to the funds. §523(a)(4), provides that an individual’s debt “for fraud or defalcation” will not be discharged in bankruptcy if committed while the debtor was “acting in a fiduciary capacity.” First, the judge found that the monies taken from employee paychecks constituted assets of the vacation fund, citing a Department of Labor regulation defining benefit plan assets to include amounts a plan participant “has withheld from his wages by an employer.” 29 C. The proposed structured dismissal violated the Code’s priority rules because it gave a distribution to the unsecured creditors but gave nothing to the employees with the priority wage claim. In a March 22, 2017 decision, the Supreme Court reversed. Finally, how should courts reconcile the language in subsection (ii) that administrative status may attach “without regard … 2012) (finding employees not to be insiders but providing a discussion of the factors relevant to the analysis). Outside of bankruptcy, the National Labor Relations Act (NLRA) requires an employer to maintain the status quo established by the terms and conditions of employment in an expired collective bargaining agreement until it and the union have bargained to impasse....

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And, for the most part, the online dating adventure has been exactly that. But, there have been a few interactions that have gone really really bad. As in “you fat bitch” and one that I reported to a friend of mine (who is a San Jose PD detective) that basically said I would be better off dead. Now, I am certain that this sort of thing happens to women of all sizes and shapes. Well, “you fat bitch” probably only happens to fat women. You can be a size 2 and get plenty of hate mail and comments. There are way too many amazing, uplifting people in the world to spend your days with those ass hats. And, if you find yourself being harassed online via email or message or texts, just keep replying with the words ” Please stop emailing me.” Or “Please stop texting me.” Be clear. And, when you get someone who is being rude via text or your cell phone – do NOT delete their telephone number from your phone....

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