Scott Faust
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Articles by Scott Faust
Mansfield student advances to state chorus
Congratulations to Ketcher Beals on his outstanding Bass 1 audition at Regional Chorus, earning him a spot at the All-State level. This is a tremendous honor for any student, and North Penn-Mansfield High School is especially proud to have the third-place qualifying bass in Region IV, a region that stretches from Cowanesque to Scranton. The All-State Festival will be held at Kalahari, with a culminating concert on April 24.
Del. Ruling Shows Tension Between 363 Sale And Labor Law | JD Supra
Navigating the Bankruptcy Code can present many traps for unsuspecting debtors, creditors or asset buyers. The U.S. District Court for the District of Delaware recently reminded bankruptcy participants of an often overlooked pitfall involving the collision between (1) an unstayed bankruptcy sale order authorizing an asset sale free and clear of successor liability, and (2) federal labor law imposing successor liability on the buyer.[1] Facts Chapter 11 debtor CCX Inc.
Del. Ruling Shows Tension Between 363 Sale And Labor Law
ADVERTISEMENT Don't want ads? Subscribe or login now. By David Hillman, Charles Dale and Scott Faust (December 13, 2023, 5:14 PM EST) -- Navigating the Bankruptcy Code can present many traps for unsuspecting debtors, creditors or asset buyers.
"Free And Clear" Collides With "Perfectly Clear": Delaware District Court Imposes Successor Liability On Buyer In 363 Sale
Navigating the Bankruptcy Code can present many traps for unsuspecting debtors, creditors, or asset buyers. The Delaware District Court recently reminded bankruptcy participants of an often overlooked pitfall involving the collision between (i) an unstayed bankruptcy sale order authorizing an asset sale free and clear of successor liability and (ii) federal labor law imposing successor liability on the buyer.
“Free and Clear” Collides with “Perfectly Clear”: Delaware District Court Imposes Successor Liability on Buyer in 363 Sale | JD Supra
Navigating the Bankruptcy Code can present many traps for unsuspecting debtors, creditors, or asset buyers. The Delaware District Court recently reminded bankruptcy participants of an often overlooked pitfall involving the collision between (i) an unstayed bankruptcy sale order authorizing an asset sale free and clear of successor liability and (ii) federal labor law imposing successor liability on the buyer.
NLRB Clarifies Burden Shifting Framework in Mixed-Motive Cases | JD Supra
On August 28, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued its decision in Intertape Polymer Corp., 372 NLRB No. 133 (2023) clarifying the standard by which the General Counsel satisfies her initial burden of persuasion in cases involving mixed motives for adverse employment actions. Specifically, the Board revisited and clarified Tschiggfrie Properties, 368 NLRB No. 120 (2019), expressly stating that Tschiggfrie correctly articulated the proper standard.
NLRB Clarifies Burden Shifting Framework in Mixed-Motive Cases
Thursday, August 31, 2023 On August 28, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued its decision in Intertape Polymer Corp., 372 NLRB No. 133 (2023) clarifying the standard by which the General Counsel satisfies her initial burden of persuasion in cases involving mixed motives for adverse employment actions.
NLRB Clarifies Burden Shifting Framework in Mixed-Motive Cases
Joshua S. Fox is a senior counsel in the Labor & Employment Law Department and a member of the Sports, Labor-Management Relations, Class and Collective Actions and Wage and Hour Groups. As a member of the Sports Law Group, Josh has represented several Major League Baseball Clubs in all aspects of the salary arbitration process, including the Miami Marlins, Boston Red Sox, Los Angeles Dodgers, Kansas City Royals, San Francisco Giants, Tampa Bay Rays and Toronto Blue Jays.
NLRB Clarifies Burden Shifting Framework in Mixed-Motive Cases
On August 28, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued its decision in Intertape Polymer Corp., 372 NLRB No. 133 (2023) clarifying the standard by which the General Counsel satisfies her initial burden of persuasion in cases involving mixed motives for adverse employment actions. Specifically, the Board revisited and clarified Tschiggfrie Properties, 368 NLRB No. 120 (2019), expressly stating that Tschiggfrie correctly articulated the proper standard.
Sun Prairie man celebrates 50 years of the game he loves
Long-time Sun Prairie resident Mike White is celebrating 50 years of pitching fastpitch softball, a long and rewarding journey that has taken him to every corner of the badger state and beyond. It is a remarkably successful career that almost didn't happen. White recalls that in the early 1970s, he and fellow Madison East High School students wanted to enter a team in the local baseball leagues but were thwarted when team capacity had been reached.
SJC Finds Commissions Lost Due To Retaliation Are Subject To Trebling
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SJC Finds Commissions Lost Due to Retaliation Are Subject to Trebling | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
SJC Finds Commissions Lost Due to Retaliation Are Subject to Trebling
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SJC Finds Commissions Lost Due to Retaliation Are Subject to Trebling
In a February 12, 2020 decision, Parker v. EnerNOC, Inc., SJC-12703, the Massachusetts Supreme Judicial Court held that the full commission which would have been due to an employee had she not been retaliated against and terminated is a “lost wage” eligible to be trebled under the Wage Act. While employed by EnerNOC, the plaintiff earned commissions based on her sales.
Rhode Island General Assembly Passes Paid Sick Leave Law
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Rhode Island General Assembly Passes Paid Sick Leave Law
On September 19, 2017, the Rhode Island General Assembly passed The Health and Safe Families and Workplace Act (the “Act”), House Bill 5413B and Senate Bill 0290B, respectively, guaranteeing roughly 90 percent of the state’s workforce the opportunity to earn paid sick and safe leave. The Governor has already indicated that she will sign the Act into law, after which Rhode Island will join seven states and the District of Columbia that have passed paid sick leave legislation.
Massachusetts Senate Passes Pregnant Workers Fairness Act
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Massachusetts Senate Passes Pregnant Workers Fairness Act
The Massachusetts Senate has unanimously voted to pass “An Act Establishing the Massachusetts Pregnant Workers Fairness Act” (“MPWFA”) in an effort to make sure that pregnant and nursing employees receive the same protections under Mass. Gen. Laws Chapter 151B as do other protected classes of employees.
What’s Behind Soccer’s Growth in the US
A couple months ago I read ’s prediction on soccer becoming the most popular sport in the US by 2050. I found myself nodding and grinning as I read. Siegler makes a number of excellent points, including a well-constructed and compelling argument that we are in the middle of a confluence of events which will accelerate that growth in popularity. I couldn’t agree more with this sentiment.
NLRB Acting General Counsel Clarifies Duty to Provide Information in Bargaining
Scott represents employers in labor and employment disputes in state and federal courts and administrative agencies, as well as in mediation and arbitration. Cases he has handled include matters involving wrongful discharge, ERISA, employment discrimination, related employment torts, enforcement of and challenges to non-competition agreements, and administrative proceedings before state and federal agencies.
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