| The Federal Antitrust Law Exemption for State Action |
| Federal antitrust laws are considered inapplicable to economic regulation by the States. In Parker v. Brown, 317 U.S. 341 (1943), the Supreme Court reasoned that in the "dual system of government" of the United States, any subtraction by Congress from the sovereign powers of the states must be explicitly stated. Nothing in the Sherman Act (the first federal antitrust law) or in the legislative history of the Sherman Act indicated a Congressional intent to subject state regulatory activities to the Sherman Act.More... |
| Employment Law |
| Protection for Solid Waste Disposal Act Whistleblowers More... |
| Director or Officer Liability under the FMLA |
| Congress enacted the Family and Medical Leave Act (FMLA)1 in 1993 "to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity." The FMLA directed employers to establish practices and policies that would entitle employees "to take reasonable leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition." More... |
| Business Conduct Codes |
| Business Conduct Codes for New York Stock Exchange and Nasdaq Listed CompaniesMore... |
| Director and Officer Liability under ERISA |
| Under ERISA, ''employers'' must make all necessary contributions to multi-employer pension plans pursuant to the plans' terms or the terms of a collective bargaining agreement. Every employee benefit plan must have a funding procedure and fully explain how and under what circumstances payments are to be made to the plan. If these responsibilities are not carried out or carried out in an untimely manner, a civil enforcement action can be brought against the plan or the employer. An "employer" is defined as "any person acting directly as an employer, or indirectly in the interest of an employer, in relation to an employee benefit plan. More... |
Law Office of Stephen Zarubaiko
Attorney at Law
