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Monday Morning Pepper: It’s Presidents Day?

Posted by Frank Steinberg | Feb 21, 2011 | 0 Comments

It's Presidents Day, the snow is snowing, and the Yankees' first Spring training game arrives this Saturday the 26th.  This is our second week of Monday Morning Pepper, quick hits that honor the arrival of baseball Spring training.

Speaking of Presidents Day, is it “Presidents” Day, “President's” Day, or “Presidents'” Day?  The answer, apparently, is none of the above.  It's still officially “Washington's Birthday.”  Washington, however, was born on February 22.  Because the Uniform Holiday Act of 1968 bestowed upon us a three day holiday weekend, the latest that Washington's Birthday can ever be celebrated is February 21.  Who knew?

A more pertinent question for our purposes is why fewer businesses seem to be closing for the holiday.  It seems to me that the Father of Our Country and co-honoree Abe Lincoln deserve our undivided attention for one day each year.

The Bankruptcy Code prohibits private employers from discriminating against employees who have filed for bankruptcy, but does not prohibit those employers from refusing to hire job applicants because they have previously filed for bankruptcy.  Here's the Third Circuit's decision in Rea v. Federated Investors.

A new clarifying rule is under to consideration to make life more settled when confronting the perpetual question of “exempt or non-exempt?” under the FLSA.  Thanks to Molly DiBianca of the Delaware Employment Law Blog.

That's it for this week.  By next Monday games will have been played!

About the Author

Frank Steinberg

Frank is the founder and principal of Steinberg Law, LLC. A Jersey boy born and bred, he focuses on employment litigation and counseling, business litigation,  and aviation law. Following law school and a clerkship in the federal district court Frank spent his early career with large litigation ...


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