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Fraudulent Conveyances Part 2 - Actual Fraud

Fraudulent Conveyances Part 2 Actual Fraud by Kenneth Katz

Actual fraud is more challenging to prove than constructive fraud. Debtors are unlikely to admit they transferred assets without consideration for the purpose of defrauding their creditors, and documentary evidence of intent is also unlikely to exist. Thus, courts must evaluate the debtor's actions and use factors termed the 'badges of fraud' to determine if intent to defraud can be inferred from those actions.

Wage theft by employers costs workers millions each year


It can seem minor at the time. Maybe your employer insists you do prep work off the clock. Perhaps you're told you're not eligible for overtime pay, even though you worked more than 40 hours that week. Or maybe a new manager took over and now your share of the tips seems a bit smaller than before. The difference between your rightful pay and what you actually receive may seem relatively insignificant; not worth the risk of complaining.

The situations above are examples of wage theft, which is illegal.

Four Types of Constructive Fraud Claims

Four Types of Constructive Fraud Claims

Several sections of New York's Debtor and Creditor Law ("DCL"), which govern similar but distinct claims of constructive fraud, provide redress to creditors for various scenarios in which debtors conceal, move, or unlawfully distribute assets which could otherwise be used to satisfy a judgment. 

Employee pressure ends mandatory arbitration at some companies

AdobeStock_75573868.jpegEarlier this year, the U.S. Supreme Court ruled in Epic Systems Corp. v. Lewis that employment contracts may require workers to solve their employment complaints in individual arbitration.

Many employees and their advocates have criticized the use of individual arbitration mandates, particularly in sexual harassment and other discrimination cases. For one thing, employment agreements with arbitration clauses are typically the product of uneven bargaining power -- employees may prefer court over arbitration, but they don't have enough power to reject the arbitration requirement. For another, the requirement keeps employees from joining together in collective or class action lawsuits, which would allow the workers to share costs.

Are caregivers protected against discrimination?


Caregivers never truly stop working. They must ensure that the needs of a loved one or minor child are met, whether they are physically with that person or at work.

Some employers in New York fail to recognize the responsibilities caregivers have. Fortunately, employees in New York who are caregivers are protected by the law.

New York employees file class action lawsuit against fast-food restaurant for time-shaving


Pret A Manger is a UK-based fast food chain with locations in New York. The restaurant sells organic coffee, sandwiches, salads, soups, and other lunch items.

Pret's U.S. website highlights the company's charity work. But its treatment of employees is being questioned, as workers have filed a class action lawsuit alleging that the company has made a practice of time shaving - a violation of U.S. labor laws.

Has Fraud Been Committed, Inadvertently?

Has Fraud Been Committed Inadvertently

Companies or individual debtors can commit fraud inadvertently, all while doing business (or living life) as usual. This is known as "constructive fraud," a type of fraudulent conveyance whereby a debtor's transfer of assets is considered fraudulent to a creditor even though the debtor did not intend to defraud the creditor.

Are employers required to accommodate pregnant workers?


Federal, state, and city laws protect pregnant workers in New York City.

Federal law provides the fewest protections. For instance, pregnant workers may request accommodations, such as being permitted to take more frequent bathroom breaks. However, federal rules for accommodating pregnant workers are less strict than those for accommodating disabled workers. An employer must reasonably accommodate a disabled worker unless it creates an undue hardship for the employer, but is only required to accommodate a pregnant worker to the same extent that the employer would accommodate a similar request from a non-pregnant employee.

Fraudulent Conveyances: Fair Consideration and Insiders

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The concept of "fair consideration" is prevalent in almost every fraudulent conveyance claim. In a way, it's a very simple concept: Let's say you give someone a computer that's worth $1,000, and you only charge them $10 for it. The $10 would not be considered "fair" consideration, since you have only received 1% of the value of the computer. 

Economists: Geography matters a lot in gender discrimination


The U.S. state in which a white American woman is born can have a surprising effect on her lifetime earnings. According to new economic research, a woman who is born in a state that has a high prevalence of sexist attitudes will work - and earn - less over her lifetime than women born elsewhere, even if she eventually moves to a less sexist area.

The economists considered decades' worth of data from the census and the General Social Survey, a poll that documents changing social attitudes over time. To determine a level of overall sexism for each state, they tracked the responses to questions about women's roles in society.

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