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Non-Compete Agreements and H-1B Visa Workers

Some employers require employees to enter into non-competition agreements at the time of hire, preventing them from competing with their employer during employment and during a certain time period after their employment ends. Non-compete agreements are often presented to employees with access to intellectual property, trade secrets, customer li...

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Pennsylvania Supreme Court to Review Fluctuating Workweek Method for Overtime Compensation

The fluctuating workweek (FWW) method is a way for employers to calculate overtime pay for salaried employees who are eligible for overtime pay, but whose working hours fluctuate each week.  The FWW method has two components that reduce the amount of overtime payments due to eligible employees: (1) the “regular rate” used to compensate the...

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Supreme Court Rules Against Public Sector Unions, Disallows “Fair Share” Fees for Public Employees

Today the Supreme Court ruled, in a 5-4 decision, that public sector employees who are not members of a union cannot be forced to pay union fees covering the costs of collective bargaining (Janus v. AFSCME).  In doing so, the Court overruled a 1977 case that allowed these so-called “agency fees,” and held that these fees violated the free ...

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Tax Audit Risk for Nonprofit Hospitals is Rising

    Several months ago Senate Finance Committee members Chuck Grassley, R-Iowa, and Chair Orrin G. Hatch, R-Utah, stirred the hornets’ nest again for nonprofit hospitals by asking the IRS for answers regarding its oversight of nonprofit hospitals.  This request for information is expected to lead to additional IRS scrutiny of nonprofit hospi...

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What Should I Do With the House During a Divorce?

 The marital home is oftentimes a family’s greatest asset and therefore the division/sale of the marital home may become quite contentious. With that being said, there are only a few possible outcomes when discussing the sale/buyout of the marital home as follows: Continue Reading  

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New Jersey Employers Should Prepare for New Equal Pay Law Effective July 2018

Earlier this year, New Jersey Governor Phil Murphy passed  landmark equal pay legislation, which will take effect on July 1, 2018 and impact employers statewide.  The Diane B. Allen Equal Pay Act  (Act), expands employee rights under the New Jersey Law Against Discrimination (LAD), and prohibits employers from paying an employee who is a mem...

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Are Pets Considered Personal Property in a Divorce?

There is no question that pets can be – and often are – beloved members of the family.  Much as we love them, it probably doesn’t surprise anyone to know that in many jurisdictions pets are considered personal property in a divorce.  Delaware is one of those jurisdictions.  As a prior post explained, the Delaware Family Court favors ...

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Supreme Court Issues Narrow Ruling in Same-Sex Wedding Cake Case

On Monday, the U.S. Supreme Court reversed a ruling of the Colorado Civil Rights Commission (the “Commission”) that a cake shop violated the state’s anti-discrimination act by refusing to bake a wedding cake for a same-sex couple for professed religious reasons.  This case is the latest in a series of high-profile cases pitting the r...

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Can I Obtain Full Custody of My Kids?

Potential new clients often tell me that they want “full custody” of their child/ren when they are facing a possible divorce/separation. When I delve a little further into what these clients are actually looking for, i.e. what they believe “full custody” means, I get a wide array of different answers.   Continue Reading

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Class Action Settlement Reminds Restaurant Industry of the Notice Requirements for Paying Tipped Workers

The minimum wage requirements under the Fair Labor Standard Act (FLSA), as well as many state laws including Pennsylvania, allow tipped workers to be paid a lower hourly rate than non-tipped workers. However, those laws require companies to comply with a strict set of requirements in order to take advantage of that lower rate. Failure to do so ca...

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