In The Press

Social Media and Employment

Partner Keith Leonard discusses the rights of employees to use social media about their employment in his June…

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Technology to Prevent Distracted Driving

The next operating system for iPhones will contain a feature to help cut down on distracted…

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Age Discrimination In The Workplace

The average age of the American worker is increasing, setting the stage for an uptick in age-based discrimination in the workplace…

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Arbitration Provisions in Contracts

The majority of people sign many contracts during their lives, but how many actually read them? And how many of those people ever try…

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Leave Policy for Disabled Employees

The Equal Employment Opportunity Commission (EEOC) has made it clear that under the ADA, employees with disabilities must be provided…

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One Hundred Deadliest Days For Teen Drivers Starts Memorial Day

Memorial Day is the start of what is known as the 100 deadliest days for teen drivers. According to the most recent data from the National Safety…

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Where should a workers' compensation claim be filed?

Where should a workers’ compensation claim be filed if an employee lives in one state, but works in another? According to an April decision…

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Understanding Non-Compete Agreements

As part of an employment contract, employers commonly require employees to sign non-compete agreements, which prohibit them from working for…

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Understanding Non-Compete Agreements

As part of an employment contract, employers commonly require employees to sign non-compete agreements, which prohibit them from working for…

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Partner Keith Leonard to present at National Business Institute seminar

Keith Leonard is scheduled to give two different presentations at the National Business Institute’s (NBI) two-day course, “Real Estate Transactions…

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Workplace Harassment

Employers know that racial, gender or ethnic slurs can be the basis for an employee’s claim of a hostile work environment, discrimination…

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Distracted Driving Recognized in April

The National Safety Council (NSC) recognizes April as Distracted Driving Awareness Month to bring attention to what it calls “an epidemic” fueled…

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Grammatical Errors Can Be Costly in Contracts

When is a comma not just a matter of punctuation? When a missing comma in a law allows employees to gain overtime pay…

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Changes To Business Entities Code

On April 1, 2017, all Pennsylvania limited partnerships and limited liability companies must follow new procedural requirements when winding down the company. The changes…

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SEPTA Strike Explored in March Column

Partner Keith Leonard takes a look back at the November 2016 Southeastern Pennsylvania Transportation Authority (SEPTA) strike, and the connection it…

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Employer obligations under OSHA

The Occupational Safety and Health Administration (OSHA) is the main federal agency charged with making sure employers provide their workers with a safe…

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Dangers of Daylight Savings

Those tired, sluggish feelings experienced when bodies adjust to daylight savings time also comes with increases in two things: …

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Tax Amnesty Program

If you failed to pay real estate taxes, corporate taxes, or inheritance and estate taxes prior to December 31, 2015, the Pennsylvania Department of Revenue (“PA DOR”)…

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Spring Break Traffic Fatalities

Stay safe on the road this spring break season – studies show that fatal traffic accidents spike this time of year. A study by the University of Miami found …

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Employee protection under FMLA

Eligible employees can take up to twelve weeks of unpaid, job-protected leave in a year period for specific family and medical reasons…

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The Interactive Process

Employees in Pennsylvania are protected from disability discrimination under the Americans with Disabilities Act (ADA) and…

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Zoning and Motor Vehicle Accidents

The relationship between zoning ordinances and traffic patterns might not be the first thing that comes to mind when considering…

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Complications Arising From Joint Ownership of A House

Joint ownership of a house, whether between an unmarried couple, friends or business partners, can come with complications…

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Increase in deadly NJ crashes

New Jersey traffic fatalities rose between 2015 and 2016 by more than 10% according to new numbers …

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A $7,500 Credit Is Available For Those Buying Electric, Hybrid and Alternative Fuel Vehicles

Electric, hybrid and alternative fuel vehicles are often overlooked by the car buying public. For now, buyers…

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Drivers who miss just a few hours of sleep run the risk of injuring themselves or others

Drivers who miss just a few hours of sleep run the risk of injuring themselves or others. A new study…

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Now Is The Time For Interested Individuals To Apply For the Deferred Action for Childhood Arrivals (DACA) Program

With President-elect Donald Trump set to take office in January, the future is uncertain for undocumented individuals…

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NJ Court Ruling Allows Intoxicated Mechanic To Receive Workers' Compensation Benefits

The New Jersey appellate court recently upheld a judge’s decision allowing an injured mechanic to receive workers’…

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Legal Assistance With Immigration Matters

Many immigrants, undocumented or otherwise, are wondering about their status in the United States in light of the views on immigration policy which President-elect…

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Schultz Volunteers At Community Christmas Event

Paul Schultz, a partner with the firm, assisted with the Delran Township Christmas Tree Lighting on December 2, 2016. Mr. Schultz is a member of the Delran Recreation…

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  • Frequently Asked Questions

    1. What are compensatory damages?
    2. What are punitive damages?
    3. What should I do after I have left the scene of the car accident?
    4. What should you do if you have a work related injury?
    5. What is commercial real estate?
    6. How is custody of children determined?
    7. How does the court determine property division after a divorce?

    What are compensatory damages?

    Compensatory damages "compensate" the injured person for various kinds of losses or damages. These may also be referred to as “actual damages.” The courts instructions call for “reasonable” compensation.

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    What are punitive damages?

    Punitive damages exist to punish or make example of the wrongdoer for conduct that is intentional, or when the wrongdoer acts in a reckless manner in disregard for the rights of others. Punitive damages may be awarded only in certain circumstances. The actual payment of punitive damages is rare, and appellate courts frequently cut punitive damage awards down, or simply throw them out. However, the threat of punitive damages can often induce the defense to make an increased settlement.

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    What should I do after I have left the scene of the car accident?

    You should immediately report the incident, however slight, to your insurance company. Your insurance company should be notified before you authorize repairs to your car.

    Do not sign anything that says “Release,” or “in full satisfaction of all claims.” This language is sometimes printed on checks even when only partial payment is being made.

    Take pictures of the damage to your car, particularly if it was towed and is now in a storage lot. Have someone take pictures of your injuries. This could be important evidence in the future.

    Your memory of what happened when may fade by the time you settle your case. It is a good idea to record when the accident occurred and keep a log of dates and incidents pertaining to your accident.

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    What should you do if you have a work related injury?

    • Notify your employer of when, where, and how you injured yourself
    • Make sure you get a copy of the papers filled out by the employer, and let them know if there is any mistake
    • If your doctor says you are unable to work, make sure your employer knows
    • Make sure the doctor knows exactly what is happening to you, don't just say "fine" or "a little better", give the doctor specifics
    • If you receive notice that any bill is unpaid, contact your workers' compensation insurance company immediately and find out why the bill is unpaid
    • Everyone you talk to (your employer, the insurance company, or the State) will be taking notes on what you say. Keep your own notes of what happens and your conversations.
    • Make sure your doctor knows that you want to get back to work as soon as possible. If you have problems after returning to work let your doctor know immediately.
    • If your employer or co-workers ask when you will return to work, tell them "as soon as the doctor lets me"

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    What is commercial real estate?

    Broadly defined, commercial real estate refers to any dealing with property in a business context. It could involve leasing out office space, owning an apartment complex, or selling land as part of the sale of a business. It might be industrial or agricultural property. It could even involve residential properties like apartment complexes or rental houses being held for income-producing purposes. It can even involve working with the government. Unless the property is a residence where the homeowner is living, you are probably dealing with commercial real estate.

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    How is custody of children determined?

    The criteria for custody include the following:

    • The love, affection, and emotional ties existing between the parents and child
    • The disposition of the parents to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent has been the primary caregiver
    • The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment
    • The stability of the family unit of the parents
    • The mental and physical health of the parents;
    • The home, school and community record of the child
    • The reasonable preference of the child if twelve (12) years of age or older. The court may hear the preference of a younger child upon request. The preferences of older children should normally be given greater weight than those of younger children
    • Evidence of physical or emotional abuse to the child, to the other parent or to any other person
    • The character and behavior of any other person who resides in or frequents the home of a parent and such a person’s interactions with the child
    • Each parent’s past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child

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    How does the court determine property division after a divorce?

    To determine who gets what marital property, the court will consider:

    • Length of the marriage
    • Age, health, skills, and abilities of the parties
    • Contribution to the education or to the earning power of the other
    • Relative ability of the parties to acquire property in the future
    • Contribution to the value of the marital property or the separate property
    • Amount of separate property owned by each spouse
    • Premarital property and post marital property
    • Financial conditions of each party
    • Tax consequences
    • Social Security benefits
    • Allowing the custodian and children to continue to live in the home permanently or for a period of time (most often until remarriage of the custodian or until the children turn eighteen)

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