Legal Perspectives

Attorneys at the law firm Wolf, Baldwin & Associates, P.C. provide a variety of posts on legal issues affecting the business community.

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Executive Employment Agreements

Most employees in Pennsylvania work without any type of written contract governing the terms of their employment. A fair portion, however, including many teachers, police officers, and skilled laborers, work pursuant to union contracts.

A Public Service Announcement Regarding Title Insurance

The following is a true story. The names have been changed to protect the innocent (in this case, the real estate buyer). One day last week, a client of mine called me to let me know that her offer on her new house had been accepted and she wanted my office to order the title insurance. I asked her to have the realtor forward me the agreement of sale, so I could commence protecting her interests in purchasing her home.

I just received a Utilization Review. What does that mean?

If you have been injured in Pennsylvania and are receiving workers’ compensation benefits, the insurance company paying those benefits has the right to question the reasonableness and necessity of any treatment provided to you.  In other words, if you have been seeing a chiropractor and the insurance company would like to question whether the treatment you are receiving is reasonable and necessary any longer, they must file what is called a utilization review, or for short, a “UR.”  So, what does it mean once a UR has been filed?

Can an unemployed worker take work with Uber and still collect unemployment benefits?

In a column appearing in these pages in January of 2016, we discussed the potential for a new category of worker, falling somewhere in between an employee and an independent contractor – a category sometimes referred to as a “dependent contractor.”  The term “dependent contractor”, a label still without legal standing in most states, is increasingly used to apply to delivery drivers, Uber drivers, Handy tradespeople and other similarly situated workers dependent upon a particular company’s business, and completely vulnerable to any collapse in that business or any change in that compan

What's Mine Is Yours And What Yours Is Mine… Until Divorce Do Us Part

Oftentimes in marriage people end up doing things they don’t want to do for the sake of their partners’ happiness. However, there are things a person shouldn’t  do in marriage for the sake of his or her partner’s happiness. I frequently see problems in divorce cases when people, for the sake of making the other person happy, put their partner’s name on a piece of property that isn’t marital to begin with, or they put their partner’s name on an account where it isn’t necessary. Here is my piece of friendly advice – DON’T!

The Salary-Question Ban

A business is often only as good as the people running it, which is why employers are always looking for the most qualified candidate they can afford.  For many businesses, personnel costs make up a significant portion of the business’s expenses.

Impairment Rating Evaluations Declared Unconstitutional - What You Need to Know

The Pennsylvania Supreme Court recently handed down a blockbuster decision which effectively eliminated a tool often used by workers’ compensation carriers to reduce, or, in some cases, eliminate, the wage loss portion of injured workers’ claims.  Both employers and injured workers should know about the decision and its implications.

Primer: What Attorneys Wish Employers Knew About Personnel Files

An employee’s personnel file can be a crucial piece of evidence in employment litigation. What information is or is not contained in a personnel file, and sometimes how and where that information is stored, can dramatically alter a party’s case in a lawsuit. For example, a lack of time records will aid an employee’s wage claim pursuant to the Fair Labors Standards Act, but an employee’s well documented disciplinary issues will aid an employer’s defense against a wrongful termination suit.

Executive Employment Agreements

Most employees in Pennsylvania work without any type of written contract governing the terms of their employment. A fair portion, however, including many teachers, police officers, and skilled laborers, work pursuant to union contracts.

A Public Service Announcement Regarding Title Insurance

The following is a true story. The names have been changed to protect the innocent (in this case, the real estate buyer). One day last week, a client of mine called me to let me know that her offer on her new house had been accepted and she wanted my office to order the title insurance. I asked her to have the realtor forward me the agreement of sale, so I could commence protecting her interests in purchasing her home.

I just received a Utilization Review. What does that mean?

If you have been injured in Pennsylvania and are receiving workers’ compensation benefits, the insurance company paying those benefits has the right to question the reasonableness and necessity of any treatment provided to you.  In other words, if you have been seeing a chiropractor and the insurance company would like to question whether the treatment you are receiving is reasonable and necessary any longer, they must file what is called a utilization review, or for short, a “UR.”  So, what does it mean once a UR has been filed?

Can an unemployed worker take work with Uber and still collect unemployment benefits?

In a column appearing in these pages in January of 2016, we discussed the potential for a new category of worker, falling somewhere in between an employee and an independent contractor – a category sometimes referred to as a “dependent contractor.”  The term “dependent contractor”, a label still without legal standing in most states, is increasingly used to apply to delivery drivers, Uber drivers, Handy tradespeople and other similarly situated workers dependent upon a particular company’s business, and completely vulnerable to any collapse in that business or any change in that compan

What's Mine Is Yours And What Yours Is Mine… Until Divorce Do Us Part

Oftentimes in marriage people end up doing things they don’t want to do for the sake of their partners’ happiness. However, there are things a person shouldn’t  do in marriage for the sake of his or her partner’s happiness. I frequently see problems in divorce cases when people, for the sake of making the other person happy, put their partner’s name on a piece of property that isn’t marital to begin with, or they put their partner’s name on an account where it isn’t necessary. Here is my piece of friendly advice – DON’T!

The Salary-Question Ban

A business is often only as good as the people running it, which is why employers are always looking for the most qualified candidate they can afford.  For many businesses, personnel costs make up a significant portion of the business’s expenses.

Impairment Rating Evaluations Declared Unconstitutional - What You Need to Know

The Pennsylvania Supreme Court recently handed down a blockbuster decision which effectively eliminated a tool often used by workers’ compensation carriers to reduce, or, in some cases, eliminate, the wage loss portion of injured workers’ claims.  Both employers and injured workers should know about the decision and its implications.

Primer: What Attorneys Wish Employers Knew About Personnel Files

An employee’s personnel file can be a crucial piece of evidence in employment litigation. What information is or is not contained in a personnel file, and sometimes how and where that information is stored, can dramatically alter a party’s case in a lawsuit. For example, a lack of time records will aid an employee’s wage claim pursuant to the Fair Labors Standards Act, but an employee’s well documented disciplinary issues will aid an employer’s defense against a wrongful termination suit.

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