When you subdivide property, it basically means you take a parcel of land and turn it into two or more tracts of land. Typically, subdividing is done by a developer who plans to build a “subdivision” on the land. Although this sounds simple enough, it can be a complicated process because of the legalities involved. You cannot simply decide to split your land into numerous legal parcels of land. In Pennsylvania, subdividing land requires you to legally separate the land.
Read MoreIn the United States, we operate under a federalist form of government. This means we have a strong central government in the form of our federal government as well as numerous smaller governments in the form of the individual state governments. It also means that we have two judicial systems – the federal court system and the individual state court systems. If you are involved in civil litigation it may be possible for your case to be heard in either state or federal court. You may even have the option to choose your venue. Often, there are advantages to having a case heard in federal court instead of state court, and vice versa.
Read MoreAs an employee, any number of issues could come up at your job that could threaten your future employment with the company. One issue you may not have considered, until your employer brings it up, is a non-compete agreement. If your employer calls you in to the office one day and asks you to sign a non-compete agreement your first though will likely be “Do I have to sign a non-compete to keep my job?”
Read MoreIf 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 More