Betty Jean Burley’s Answers

Certain seasonal amusement or recreation establishments are, indeed, exempt from paying overtime.

This answer assumes that you are the biological mother of a child born in the State of Ohio, and you were never married to the father. Until the father petitions a court of competent jurisdiction to establish parental rights, including visitation, all visitation and transportation are at your sole discretion, even if there is a child support order. However, if the father should petition the court, he is likely to receive some court-ordered visitation, and possibly even shared custody...

Without reviewing the actual terms of the contract, it is impossible to advise you whether the company is within its rights. I would suggest contacting a labor and employment attorney near you to review the contract. You may have some legal recourse based on the contract and on the fact that you gave up another position in reliance on the new employer's promises.

When a baby is born during a marriage in Ohio, there is a presumption under the law that the husband is the natural father. The biological father would have to contest paternity and establish by clear and convincing evidence (usually DNA) that the child is not the husband's. Likewise, if the husband does not want to take financial responsibility for the child, he would have to establish the child is not his. Your husband is the presumptive father by operation of law until established...

A landlord has a legal duty to mitigate his damages. In this case, mitigation consists of advertising and making a reasonable attempt to re-let the premises. If the new tenant was approved and actually moved in, the landlord's damages are reduced by the amount of rent received for the months in which they occupied the premises. The landlord is not entitled to "double dip" on the rent.

It appears that this is a request to help you with an assignment for school. It's getting to be that time of year... I feel that it would be unethical for a practicing attorney to offer any specific comments or guidance with this assignment without knowing more of the context. If you are a law student, requesting this information in this forum may be a violation of your honor code. As your assignment is to represent Ms. Atty against charges of defamation, you must ascertain if there...

You haven't really asked a question, but a general analysis of the factors here follows. When month is billed/paid monthly, a month-to-month tenancy is created whether there is a written lease or not. A landlord cannot escape the requirements of Ohio's landlord-tenant law by failing to have a written contract. Generally, a month to month tenant must give written notice at least thirty days before the end of the period during which they intend to vacate. Assuming that your rent will be...

The fact that you have been using it for work does not automatically entitle you to the truck. Any vehicle acquired during the marriage and paid for with marital funds is considered marital property and subject to equitable distribution. It doesn't matter whose name is on the title. I would recommend consulting a family law attorney to explore your options. .

The answer to the question really depends on how he paid for the house. If your husband has some separate property (money he had before you married, inheritance, etc.) and used that separate property to pay for the house, it is likely "his" house. If, however, the funds that paid for the house were marital funds (wages, joint savings, etc.) the house is likely marital property, and you would have right to a distribution of the equity in a divorce proceeding. Without knowing more about...

Although state law allows "minimum coverage," most banks require full coverage as a condition of the loan. By procuring only state minimum coverage, your daughter likely violated a term of her loan and "impaired the collateral," allowing the bank to repossess the car. Even though your daughter is a victim of crime, she still has a contractual obligation to pay for the car. The bank will not likely excuse her from her responsiblity. She remains liable for the outstanding loan balance....