Federal employment law in the United States, embodied in various pieces of legislation and overseen by different government agencies, establishes and enforces the basic protections available to workers. It aims to ensure fair labor standards, workplace safety, equal employment opportunities, and rights to collective bargaining, among others.

Fair Labor Standards Act (FLSA). First enacted in 1938, the Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards for full-time and part-time workers in the private sector and in federal, state, and local governments. The FLSA generally requires employers to pay at least the federal minimum wage and overtime pay of one-and-one-half times the regular rate of pay for all hours worked over 40 in a workweek.

Occupational Safety and Health Act (OSHA). The Occupational Safety and Health Act of 1970 aims to assure safe and healthful working conditions for men and women. OSHA requires employers to maintain workplaces free from recognized hazards that could cause death or serious physical harm, and they must comply with standards, rules, and regulations issued under the OSH Act.

Title VII of the Civil Rights Act of 1964. Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin. This law applies to employers with 15 or more employees, including federal, state, and local governments. Title VII also created the Equal Employment Opportunity Commission (EEOC) to enforce these antidiscrimination provisions.

Americans with Disabilities Act (ADA). The Americans with Disabilities Act of 1990 prohibits employment discrimination against qualified individuals with disabilities. It applies to private employers, as well as state and local governments, employment agencies, and labor organizations with 15 or more employees. It also mandates reasonable accommodations for employees with disabilities, unless such accommodations would pose an undue hardship on the employer.

Family and Medical Leave Act (FMLA). The Family and Medical Leave Act of 1993 grants eligible employees up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. This law applies to all public agencies, including local, state, and federal employers, and private sector employers who have 50 or more employees.

Age Discrimination in Employment Act (ADEA). The ADEA, passed in 1967, forbids employment discrimination against individuals who are 40 years of age or older. This law applies to employers with 20 or more employees, including federal, state, and local governments, private employers, and employment agencies.

National Labor Relations Act (NLRA). The NLRA, also known as the Wagner Act of 1935, safeguards employees’ rights to organize and to bargain collectively with their employers or to refrain from all such activity. It also established the National Labor Relations Board (NLRB) to oversee these protections.

While these federal laws provide a basic framework of protections, it is important to note that states also have their own employment laws that may provide greater protections than federal law. Michigan for example has the Elliott-Larsen Civil Rights Act. Workers should familiarize themselves with these laws to fully understand their rights. Employers, on the other hand, should strive to exceed these standards, promoting an environment of fairness, respect, and dignity for all employees. Violations of these laws can result in significant penalties, as well as reputational damage for businesses. As such, understanding and adhering to these laws is not just a legal obligation, but a sound business practice.

Note:  Zamzow Fabian PLLC does practice in some employment law and criminal law which may implicate some civil rights issues, however Zamzow Fabian is not a general civil rights law firm.

So you received a text message offering to buy your house, and you’re wondering if it is a scam. Answering it is an unnecessary risk. There are two likely outcomes:

1. Potential Scam: The first involves scammers. If the text message is a scam, responding to it would only confirm to the scammer that your number is active, and you are someone who may engage with unsolicited messages. This could open you up to more scam attempts in the future. Scammers often use this type of engagement to extract personal information or money from their victims, sometimes through clickable links.

2. Little Reward: The second possibility is that the message is from a legitimate buyer. But even so, such a buyer who approaches you in this manner is unlikely to offer anywhere near the best price for your property. In real estate, the best offers usually come from competitive situations where interested buyers are aware of each other, such as open listings or auctions. The best case from, a direct, unsolicited offer is to secure the buyer a lower purchase price by avoiding competition.

You might also have read a recent article from ProPublica, about companies offering to buy houses, and the subsequent attempt to bury the reporting.

The world of American antitrust law is viewed as a peculiar blend of esoteric legal principles and a litany of economic theories. On the surface, it seems to revolve around innocuous issues like mergers, price fixing, and monopolies. Yet, it is unappreciated as a cornerstone of our democratic capitalist society developed from the darkest periods of American history. It is a realm that carries profound implications for the individual consumer, competition, and the overall economic landscape.

Antitrust law is, at its heart, a fascinating paradox. It is a regulatory mechanism employed by the government to ensure the very existence of a ‘free’ market. While the irony might be lost on some, there is a certain poetry to this. A laissez-faire economy, left entirely to its own devices, risks devolving into a Gilded-Age where the most powerful entities can devour their smaller competitors, thereby leading to market domination and the death of competition. Consequently, antitrust law exists to protect the very essence of capitalism.

The Sherman Act of 1890, the Clayton Act of 1914, and the Federal Trade Commission Act (FTCA) of 1914 are the three primary pieces of federal legislation that form the backbone of American antitrust law. The Sherman Act, in particular, is expansive in its language, prohibiting “every contract, combination, or conspiracy in restraint of trade,” and any monopolistic practices. This has been interpreted by the courts over the years to mean “unreasonable” restraints on trade, a distinction that has fueled endless litigation.

The Clayton Act and the FTCA further refined and expanded the scope of antitrust legislation, focusing on specific practices such as price discrimination, tying contracts, and interlocking directorates. These acts provide for a more robust enforcement mechanisms, including the establishment of the Federal Trade Commission.

Antitrust laws have been tested time and again in high-profile cases, from the breakup of Standard Oil in 1911 to the well-known Microsoft case in the 1990s. The so-called “consumer welfare standard” prevail(s)/(ed) until the present day. Coined by Richard Nixon’s solicitor general Robert Bork, in his 1978 book The Antitrust Paradox, convinced a generation that the only legitimate purpose of antitrust law is to lower prices for consumer. This theory led to a number of mergers and the creation of sector-by-sector oligopolies, and the prospect of another Gilded Age.

As Americans face rising corporate profits and rising prices, the number of critics of Bork’s theory has begun to grow. Those economists and legal scholars who disfavor Bork’s theory, are moving to center stage with the appointment of FTC chair, Lina Khan in 2021. This could mean the FTC might return to pre-Bork antitrust precedent that shepherded the economic boom of the post-War American middle-class.

Recently, as major tech companies like Google, Amazon, and Meta find themselves in the crosshairs of antitrust regulators and legislators, discourse pivots around a fundamental question: Is Bork’s theory, largely predicated on the notions of price, appropriate for today? Critics argue that these tech giants, through their sheer size and control over data, can stifle competition, manipulate consumer behavior, and influence markets in ways that traditional antitrust principles are ill-equipped to handle.

This argument has merit, considering the unique characteristics of the digital economy. Market dominance in this sphere isn’t necessarily achieved through predatory pricing or explicit collusion, but through network effects, data accumulation, and the ability to control essential digital infrastructures. These aspects are not easily captured by existing antitrust frameworks, necessitating a reevaluation of the principles and enforcement mechanisms that underpin antitrust law.

Proponents of Bork’s theory, believe any reevaluation must be undertaken with care to guard against reactionary measures that may undermine the market dynamics that have allowed these tech behemoths to provide unparalleled value to consumers. However, antitrust law is not an instrument for punishing success but rather a tool for preserving the competitive landscape that fosters it. The middle class has had its unparalleled success shrink since Bork’s 1978 theory took hold.

In the end, the great antitrust conundrum isn’t just about laws, it’s about us. It’s about who we are as a society, what we value, and the kind of future we want to shape.

In the world of business, navigating the intricate landscape of the Uniform Commercial Code (UCC) can be a daunting task. To ensure your interests are well-protected, it is crucial to have an experienced legal team by your side. Zamzow Fabian PLLC is a law firm that provides comprehensive services for businesses involved in complex transactions governed by the UCC. With a primary focus on Article 2 (Sales of Goods) and Article 9 (Secure Transactions), the firm’s seasoned attorneys are adept at handling a wide range of legal matters and disputes. In this article, we will delve into the expertise and services offered by Zamzow Fabian PLLC in the realm of UCC transactions and litigation.

Expertise in UCC Transactions:

Zamzow Fabian PLLC’s attorneys possess knowledge and experience in dealing with complex transactions governed by the UCC. Their expertise covers crucial aspects of business transactions, such as:

1. Drafting Purchase Orders, Quotes, and Acknowledgments: The firm’s attorneys work diligently to draft legally sound documents that protect the rights of both buyers and sellers in transactions under Article 2 (Sales of Goods).

2. Secure Transactions: Under Article 9 of the UCC, Zamzow Fabian PLLC ensures that clients’ secure transactions are executed seamlessly and in compliance with legal requirements.

Commercial Litigation Capabilities:

In addition to transactional expertise, Zamzow Fabian PLLC’s commercial litigation section handles a wide array of disputes, including:

Breach of Warranty Cases: The firm has experience representing clients in cases involving warranty breaches between commercial parties across various industries, such as automotive parts suppliers and furniture manufacturers.

Commercial Contract Litigation: Zamzow Fabian PLLC handles commercial contract disputes, including sales-of-goods cases that involve issues related to contract formation, enforceability of obligations, and other matters arising under the UCC.

Zamzow Fabian PLLC is a reliable legal partner for businesses navigating the complex world of the Uniform Commercial Code. With a strong focus on Article 2 (Sales of Goods) and Article 9 (Secure Transactions), the firm’s experienced attorneys provide comprehensive services and representation in both transactional matters and commercial litigation. By entrusting your business’s legal needs to Zamzow Fabian PLLC, you can be confident that your interests will be well-protected in any UCC-related transaction or dispute.

If you’re a small business owner, you’ve worked hard to build your business from the ground up. It’s likely one of your most valuable assets, and you want to ensure its continued success after you’re no longer able to manage it. That’s where small business succession planning comes in.

Succession planning involves creating a long-term plan for the transfer of ownership and management of your business to the next generation of leaders. It’s an essential part of estate planning for small business owners, as it helps to ensure that your business continues to thrive even after you’re no longer able to run it.

Here are some important steps to consider when creating a small business succession plan as part of your estate plan:

1. Identify your goals and objectives.

Before you can create a succession plan, you need to identify your goals and objectives for your business. Do you want to keep the business in the family? Do you want to sell the business to a third party? Having a clear idea of your goals will help you create a plan that meets your needs and ensures the long-term success of your business.

2. Choose a successor.

The next step is to choose a successor who will take over your business when you’re no longer able to manage it. This could be a family member, a key employee, or someone else who is familiar with your business and shares your vision for its future.

3. Create a plan for the transfer of ownership.

Once you’ve chosen a successor, you need to create a plan for the transfer of ownership. This could involve gifting shares of the business to your successor over time, selling the business to your successor at a predetermined price, or some other method of transferring ownership.

4. Create a plan for the transfer of management.

In addition to the transfer of ownership, you also need to create a plan for the transfer of management. This involves identifying the roles and responsibilities of your successor, and providing them with the training and resources they need to successfully manage your business.

5. Review and update your plan regularly.

Finally, it’s important to review and update your succession plan regularly to ensure that it remains relevant and effective. Your business and personal circumstances may change over time, so it’s important to review your plan periodically and make any necessary adjustments.

In conclusion, small business succession planning is an essential part of estate planning for small business owners. By creating a plan for the transfer of ownership and management of your business, you can ensure its continued success and provide for your family’s future. If you need help creating a small business succession plan, contact an experienced estate planning attorney who can guide you through the process.