Being fired from a job is never an enjoyable experience. If you feel you were fired without cause it can make the experience even more traumatic. The first question that may come to your mind is “ Can I be fired for no reason in Pennsylvania ? ” Unfortunately, the answer to that question, as a general rule, is “yes”; however, there are some important exceptions to the general rule of which you should be aware.
Read MoreIn the construction industry there is virtually an endless number of things that can go wrong. There are also numerous opportunities for disagreements between the various parties involved in a construction project. Executing written contracts is one way to reduce the likelihood of problems or disagreements. Requiring different types of bonds is another. In fact it is very common to require a general contractor to take out a payment and performance bond before beginning a construction project.
Read MoreWhen it comes to developing or improving real property, zoning regulations are everything. Before you purchase a piece of property, and certainly before you start designing plans for the property, it is imperative that you know how the property is zoned and you understand the restrictions that apply to how the property is zoned. If the current zoning will not allow you to develop or improve the property in the manner in which you wish, a variance might be the answer.
Read MoreOver the last century, the American workforce has gone through some fairly dramatic changes. Along the way, numerous state and federal laws have been passed in an effort to protect workers and ensure that they are treated fairly in the workplace. One issue that has remained at the forefront of employment law debates is the distinction between employees and independent contractors. Recently, that very issue was before a California labor commissioner after an Uber driver filed a claim against the company. As more “sharing” industries sprout up around the nation, the distinction between employees and independent contractors will continue to blur.
Read MoreLocal zoning regulations determine how a piece of real estate may be used. Real estate is typically broadly categorized into several different types of zoning, including agricultural, industrial, commercial, and residential. Within those categories, all property is further sub-divided according to the allowable uses for the property. A property owner must conform to the zoning restrictions for the property.
Read MoreWhen 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.”
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