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Court Rules That UberBLACK Drivers Are Not Entitled to FLSA Protections Because They Are Independent Contractors

As Judge Baylson of the U.S. District Court for the Eastern District of Pennsylvania noted at the beginning of his opinion, “[t]his case is the first to grant summary judgment on the question of whether drivers for UberBLACK are employees or independent contractors within the meaning of the Fair Labor Standards Act (“FLSA”) and similar Penn...

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Employers Should Know This About Today’s Marijuana Laws

Marijuana legalization can have a direct and listing impact on employers; particularly, those with drug-free workplace policies.  Employers can be placed in a difficult position of trying to enforce these policies, while avoiding disability discrimination lawsuits by employees who use medical marijuana outside of the workplace. Even though marij...

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A Name Change May Cause Issues with Your Tax Return

Many spouses change their last name when they get married. If the marriage ends in divorce, they may choose to resume their maiden or former name. The Internal Revenue Service released a Publication reminding married and divorced people that if they do not take the necessary steps to ensure the name on their tax return matches the name registered w...

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Attorneys Answer Commonly Asked Questions About H-1B Visa Transfers

If an employer plans to hire an employee who is currently working for another US employer on a temporary working visa (such as an H-1B visa for highly skilled employees), the existing H-1B visa can be transferred by filing a visa transfer application. Here are some common questions about this process asked by employers and employees: Continue Read...

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Common misconceptions in NJ family law

In a world of “fake news,” access to reliable information about the divorce process is more difficult to come by than one may realize. While many litigants are quick to consult the internet, family members and friends for guidance on their divorce, the reality is that not everything you read/hear about divorce is credible and, even if it is, ...

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Standby Guardianship Can Be An Important Part Of Estate Planning

Although Delaware’s Standby Guardianship Act became law nearly a decade ago, many are still unfamiliar with the concept.  This type of guardianship serves such an important purpose and is important to understand. Continue Reading  

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Are High School Sports Dangerous Enough to Become a Custody Issue?

Recently the New York Times highlighted a Pennsylvania child custody case focusing on whether or not a child who has sustained multiple concussions should continue to play football.  The court has allowed the child to play high school football on an interim basis while the case moves forward.  The issue involves decisions regarding choice of ac...

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Sixth Circuit Rules that Gender Identity Discrimination is Not Religious Freedom

On March 7, 2018, the United States Court of Appeals for the Sixth Circuit reversed the dismissal of a gender identity discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC)  against a Michigan funeral home under VII of the Civil Rights Act of 1964 (Title VII).  The EEOC brought the case, EEOC v. R.G. & G....

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US Department of Labor Still Actively Investigating Per Diem Payments in the Energy Industry

Over the past few years, the U.S. Department of Labor (DOL) has investigated the misuse of per diem payments as a substitute for compensation in a number of industries. At a recent event for employment lawyers in Pittsburgh, an attorney with the DOL indicated that this is still an issue that they were actively investigating, especially within t...

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Second Circuit Holds That Sexual Orientation Claims are Permissible Under the Civil Rights Act

While the lesbian, gay, bisexual and transgender community has made a number of important legal advancements over the last decade, it still amazes many people to learn that, under federal law, an employee can be fired because they are gay.  Politicians, advocacy groups and courtroom litigants have worked for decades to change that.  And while...

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