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
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!
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.
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.
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.
It’s an exciting day. Your offer on the house that would be just perfect for you and your family has been accepted. Your children are going to go to school in Upper Merion School District, or you will be close to the great shopping or nightlife in Philadelphia, or you will finally have that little slice of heaven in Chester County for your horses, or perhaps just enough land to have a little garage to work on your Harley. You are beyond pumped for the future!
This is a question we often hear from our clients, but unfortunately, it’s usually a question we hear after there is a dispute as to whether the proposed surgery is related to the accepted injury. What exactly does that mean you ask? Well, perhaps a little workers’ comp basics are in order, before we can answer that question.
Various federal and state laws require employers to post certain notices for employees regarding their rights. These requirements are mandatory but often inadvertently overlooked. Failure to post certain notices could result in criminal and civil fines.
Have you been treated at the hospital or met with an attorney to prepare estate planning documents and been asked, “Do you have a Living Will?” The answer to the question of exactly what is a Living Will, will help you, “the principal,” to answer the first question.
One of the questions that I am asked as a Workers’ Compensation attorney the most after meeting with a new client is, “do I have to see a workers’ comp doctor?” In other words, if an employee is injured at work, does he or she have to go to a particular doctor? The answer to that question is often “yes.” However, the rules governing where the injured employee gets treatment are a little more complicated.
The Commonwealth of Pennsylvania is one of the country’s leaders when it comes to the number of local government units. This includes counties, cities, boroughs, townships, incorporated towns and school districts. Many of these governmental units rely on what are essentially volunteers to serve as elected officials who oversee the operation of the government.
With spring come the myriad signs popping up in our neighbors’ yards advertising the services of the contractor who put on their new roof, new deck, new driveway, new kitchen or whatever other home renovation project they’ve recently undertaken. It’s always refreshing to have an update and most of us are happy to trust the professionals we hire to get the job done right. But we also all know some horror story of a never-ending project, contract disputes, cost overruns, faulty work and so on.
I have been practicing law for over twenty-two years, and have fielded countless legal questions from clients and prospective clients. Our law office is well-established, with a good reputation, and people feel comfortable calling us with their legal concerns. Many believe that their questions can be answered quickly, for free, and over the phone. This belief is usually incorrect, for a number of reasons.
As an Estate Practitioner, I’ve had my fair share of clients with unusual requests in their Wills. Without going into detail, and therefore potentially violating attorney-client privilege, I can say that some of them have been absolutely hilarious, others have been down right hurtful, and some have been, well just plain weird. In any event, it usually comes down to the Testator (the person who makes the Will) wanting some sort of control from the grave.
Pennsylvania’s Supreme Court recently issued a landmark ruling in the case of Dittman v. UPMC which makes employers vulnerable to lawsuits from employees for improper handling of personal data.
UPMC operates the University of Pittsburgh Medical Center and UPMC McKeesport in the Pittsburgh area. Dittman was an employee of UPMC and the lead plaintiff in a class-action lawsuit filed on behalf of all employees of UPMC.
Anyone who knows me knows that I attempt to educate consumers about the subtle commonplace real estate practices that seem innocent on the surface, but actually are detrimental to the best interests of the consumer. In an effort to inform those attempting to mislead consumers or unfairly profit from these practices know that the Consumer Financial Protection Bureau (“CFPB”) is watching you, I offer the following recent actions taken by the CFPB: