If you have a decent sized plot of land you may have a goldmine and not even realize it. Raw land is frequently far more valuable than people realize if the location is right and the land I suitable for development. If you are considering developing the land you own your first inquiry will likely be “What are the processes required to develop land in Pennsylvania?” Exactly which processes or steps are required to develop the land you have will, to some extent, depend on whether you plan to develop the land for personal use or subdivide the land.
Read MoreDoes your employer have a “banked hours” or “comp time” policy? If so, chances are good that your employer’s policy is violating federal law. The chances are also good that this comes as a shock to you given how common these polices are. Your next question may be “Why can’t my employer pay comp time instead of overtime?” The simple answer is that comp time, with few exceptions, violates the overtime laws found in the federal Fair Labor Standards Act, or FLSA.
Read MoreUnlike worker in many other countries around the world, workers in the United States are protected in the workplace by a variety of state and federal laws aimed at creating and maintaining a safe and fair workplace. Although these laws go a long way toward regulating the employer-employee relationship, there are still a number of areas that are left to the employer’s discretion. One of those areas is meal breaks. Employees are often surprised to find that although many employers do provide scheduled meal breaks, there is no federal law requiring an employer to do so.
Read MoreIn the United States, the federal Fair Labor Standards Act, or FLSA, protects workers from unfair labor practices by requiring that most workers be paid at least minimum wage and that most workers be paid overtime for time worked over 40 hours during a workweek. Overtime must be paid at the rate of one and one-held the worker’s regular hourly wage. Some employees, however, are exempt from the overtime pay requirement found in the FLSA.
Read MoreIf you are an employee working in a medium to large company the odds are good that your company has a policy of offering pay raises to employees at regularly scheduled intervals. What happens though, if you are the only employee in your department who did not get a pay raise? Is that legal? Although it may seem intrinsically unfair, it may very well be legal.
Read MoreWhether you plan to add on to your existing home, build your dream home, or develop a commercial complex, you will likely need to consult with an architect before your project actually gets off the ground. Unless you have worked with one before, however, you may not really understand what the role of an architect is. Think of an architect as the artist and a building or home the canvas. An architect’s role is to work on a project from concept to design.
Read MoreAs a worker, the distinction between being a permanent employee and being a sub-contractor is significant for a number of reasons. Unfortunately, your employer is the one who decides which category you fall into; although, employers incorrectly categorize (intentionally or unintentionally) workers frequently. What happens if your employer randomly changes your categorization? For example, can your employer change your status from full-time permanent employee to a sub-contractor without your consent? The answer to that question is both “yes” and “no.”
Read MoreDespite the name, commercial litigation is an area of the law that may include both businesses and individuals as a party. If you are a business owner, or you own a significant interest in a business, there is a very good chance that at some point in time you will be involved in commercial litigation. The longer you are in business the greater the odds are that you will be named as a Defendant in some type of commercial lawsuit. As an individual you may find yourself to be the victim, or Plaintiff, in a commercial law lawsuit.
Read MoreIn the construction industry, more so than in many other industries, disputes are commonplace. When disputes arise, they can become extremely costly, both in terms of time and money, for everyone involved if they are not resolved quickly. One thing that can prevent an obstacle to the resolution of construction disputes is the fact that it is very common for the parties involved to be from different jurisdictions. Where a dispute is resolved can have a direct impact on how it is resolved, with each party wanting the “home court” advantage. The question then becomes “ In a construction contract who decides where disputes are resolved?”
Read MoreIf you have been working for your employer for some time and are suddenly asked to sign a non-compete agreement you may be unsure how to proceed. Signing the non-compete agreement certainly has ramifications for you should your employment with your employer end for any reason in the future. Not signing the agreement may also have more immediate negative consequences if your employer has indicated that signing the agreement is a condition of continued employment with the company, leaving you to wonder “Can I be fired if I refuse to sign a non-compete in Pennsylvania?” The answer to that question is “Yes, but…”
Read MoreDisputes in the construction industry are very common. In fact, they are so common that most construction contracts have a lengthy section that includes provisions for how a dispute between the parties is to be handled should one arise. Unfortunately, some people fail to thoroughly read through those provisions prior to signing a contract. It then comes as a surprise down the road when they are told they are required to arbitrate a dispute over a construction contract; however, the terms of their contract may, indeed, require arbitration.
Read MoreCASPA was passed by the Pennsylvania legislature back in 1994 and was intended to provide contractors and sub-contractors with an alternative to sitting around and waiting or filing a mechanic’s lien. CASPA does many things to encourage payment, including imposing a staggering 24 percent interest (one percent per month on past due balances plus another one percent in penalties) on overdue payments if the contractor must pursue the payment. Owners are also required to pay contractors for all items or work that are not in dispute under CASPA.
Read MoreThe term “commercial litigation” covers a wide variety of disputes, making it a relatively large area of the law. Most types of commercial litigation can be extremely costly, both in terms of time and money, for the parties to the dispute. Not surprisingly then, there is often pressure to settle commercial litigation out of court. No one can force you to settle any type of litigation out of court; however, it is often in everyone’s best interest to work toward an out of court resolution to a commercial dispute.
Read MoreIf your employer fired you and only gave other employees a warning for the same conduct the issue is whether the disparate treatment was based on a protected trait or not. For instance, if you were singled out for termination because you are of Middle Eastern decent, because you are female, or because you are 55 years old, you could have the basis of an employment discrimination lawsuit. On the other hand, if you were singled out because you work performance prior to the conduct in question was poor compared to the other employees, or for any other non-discriminatory reason, your employer’s conduct was perfectly legal.
Read MoreA partnership is easy to form and much easier to maintain, from a recordkeeping standpoint, than a corporation. Profits and losses in a partnership pass through to the partners and are reported on the partners’ individual tax returns. One of the biggest drawbacks to being a general partner, however, is that you will be personally liable for any debts, obligations, or liabilities of the partnership. Another potential drawback is that a partnership is often not as attractive to investors as a corporation is should you wish to expand the business in the future.
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