Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


Reasonable Compensation

Reasonable Compensation

Author: Anne E. Moran

Publisher:

Published:

Total Pages:

ISBN-13: 9781558718449

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" ... analyzes the issues relating to the deduction by an employer for a "reasonable allowance" under [section] 162(a) for compensation paid with regard to personal services rendered. It discusses in depth the factors applied in determining reasonableness, the necessity for the actual performance of services, situations where a deduction for reasonable compensation is not allowable, and other aspects of reasonable compensation. Various tax planning and controversy considerations also are discussed"--Portfolio description (p. iii).


United States Code

United States Code

Author: United States

Publisher:

Published: 2013

Total Pages: 1184

ISBN-13:

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"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.


Pay Without Performance

Pay Without Performance

Author: Lucian A. Bebchuk

Publisher: Harvard University Press

Published: 2004

Total Pages: 308

ISBN-13: 9780674020634

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The company is under-performing, its share price is trailing, and the CEO gets...a multi-million-dollar raise. This story is familiar, for good reason: as this book clearly demonstrates, structural flaws in corporate governance have produced widespread distortions in executive pay. Pay without Performance presents a disconcerting portrait of managers' influence over their own pay--and of a governance system that must fundamentally change if firms are to be managed in the interest of shareholders. Lucian Bebchuk and Jesse Fried demonstrate that corporate boards have persistently failed to negotiate at arm's length with the executives they are meant to oversee. They give a richly detailed account of how pay practices--from option plans to retirement benefits--have decoupled compensation from performance and have camouflaged both the amount and performance-insensitivity of pay. Executives' unwonted influence over their compensation has hurt shareholders by increasing pay levels and, even more importantly, by leading to practices that dilute and distort managers' incentives. This book identifies basic problems with our current reliance on boards as guardians of shareholder interests. And the solution, the authors argue, is not merely to make these boards more independent of executives as recent reforms attempt to do. Rather, boards should also be made more dependent on shareholders by eliminating the arrangements that entrench directors and insulate them from their shareholders. A powerful critique of executive compensation and corporate governance, Pay without Performance points the way to restoring corporate integrity and improving corporate performance.


Collecting Compensation Data from Employers

Collecting Compensation Data from Employers

Author: National Research Council

Publisher: National Academies Press

Published: 2013-03-01

Total Pages: 129

ISBN-13: 0309264111

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U.S. agencies with responsibilities for enforcing equal employment opportunity laws have long relied on detailed information that is obtained from employers on employment in job groups by gender and race/ethnicity for identifying the possibility of discriminatory practices. The U.S. Equal Employment Opportunity Commission (EEOC), the Office of Federal Contract Compliance programs of the U.S. Department of Labor, and the Civil Rights Division of the U.S. Department of Justice have developed processes that use these employment data as well as other sources of information to target employers for further investigation and to perform statistical analysis that is used in enforcing the anti-discrimination laws. The limited data from employers do not include (with a few exceptions) the ongoing measurement of possible discrimination in compensation. The proposed Paycheck Fairness Act of 2009 would have required EEOC to issue regulations mandating that employers provide the EEOC with information on pay by the race, gender, and national origin of employees. The legislation was not enacted. If the legislation had become law, the EEOC would have been required to confront issues regarding currently available and potential data sources, methodological requirements, and appropriate statistical techniques for the measurement and collection of employer pay data. The panel concludes that the collection of earnings data would be a significant undertaking for the EEOC and that there might be an increased reporting burden on some employers. Currently, there is no clearly articulated vision of how the data on wages could be used in the conduct of the enforcement responsibilities of the relevant agencies. Collecting Compensation Data from Employers gives recommendations for targeting employers for investigation regarding their compliance with antidiscrimination laws.


Health Risks and Fair Compensation in the Fire Service

Health Risks and Fair Compensation in the Fire Service

Author: Tee L. Guidotti

Publisher: Springer

Published: 2015-10-27

Total Pages: 302

ISBN-13: 3319230697

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This book is an overview of the hazards of firefighting, the health risks of exposure to combustion products that characterize firefighting, the science behind interpreting these risks for purposes of identifying diseases as work-related, and the legal and policy implications of adopting legislated “presumption” for purposes of compensation. The emphasis of the book will be on the risk of cancer, cardiovascular disease, traumatic hazards, and disabling psychosocial adjustment following major incidents. Several new studies have appeared recently, including the largest study of firefighters ever done, by the National Institute of Occupational Health and Safety (NIOSH). They evidence supports the conclusion that firefighters face significant occupational health risks in addition to the obviously severe safety hazards.


The Fair Labor Standards Act

The Fair Labor Standards Act

Author: Ellen C. Kearns

Publisher: Bna Books

Published: 1999

Total Pages: 1675

ISBN-13: 9781570181085

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Beginning with background perspective on the Fair Labor Standards Act--and ending with specific litigation issues & strategies--here is your one-source reference to the FLSA & its complex legal applications in today's workplace. A team of eminent specialists from the ABA Section of Labor & Employment Law's Federal Labor Standards Legislation Committee gives you insights & tactics including: . history & coverage of the FLSA . what constitutes a violation of the Act . exemptions to the law--including white-collar jobs & other statutory exemptions . how to determine compensable hours, minimum wage, & overtime compensation . special issues for federal & state workers . proper recordkeeping procedures . consequences for retaliation by employers . enforcement of the law--and remedies for violations . emerging & volatile topics including child labor, homework, hot goods violations, & much more . plus specific litigation strategies to meet nearly any challenge you may face in handling cases affected by the FLSA.