By leonardsciolla | Published January 10, 2018 | | |
Businesses often classify their workers with insufficient regard of governmental and court standards. The distinction between a worker being classified as an employee or as an independent contractor can substantially change what benefits the worker is eligible to receive (such as overtime and unemployment). Misclassification of employees could result in lawsuits filed against a business Read MoreRead More
Partner, Paul H. Schultz, Esquire, served on the committee of volunteers who planned and organized the Delran Township Winter Festival and Tree Lighting. The December 1, 2017 event, which was held outside for the first time at the new Delran Community Park, saw attendance of between 2,000 and 3,000 people. The event included pictures with Read MoreRead More
The fate of the electric car tax credit remains uncertain in light of the conflict between the bill approved by the Senate this week (keeping the credit) and the bill being proposed by the House of Representatives (which will repeal it). What is the current electric vehicle climate in the US, and how does it Read MoreRead More
According to OSHA, falls are the number one cause of accidents in the construction industry today. In 2015, falls were the leading cause of construction job fatalities. Employees who are elevated more than six feet from the next level are at a high risk for serious injury or death. In an effort to combat fall Read MoreRead More
Rain contributes to about 1.2 million motor vehicle accidents every year. Prevent collisions by preparing ahead of time for rainy conditions. AAA recommends several steps you can take to make sure your car is ready for the rain. Replace windshield wipers once they start leaving streaks or stop clearing the glass with one swipe. Make Read MoreRead More
We would like to congratulate everyone who passed the July New Jersey Bar Exam. Prospective lawyers who passed must also be certified by the Committee on Character. This Committee reviews candidates’ personal records and their Certified Statement to determine if that person has the character needed to practice law in the state of New Jersey. Read MoreRead More
The Department of Labor battled it out in federal court over overtime pay regulations that were supposed to go into effect in December 2016. Attorney Keith Leonard explains how the regulations were stalled nationwide before they took effect after a ruling in Texas federal court in his ACtion Magazine column. The full column, including the steps Read MoreRead More
In order to be admitted to the Pennsylvania Bar, prospective lawyers must pass the Bar Exam and meet educational and character and fitness standards. The deadline to apply for the February Bar Exam is fast approaching. During the application process, the character and fitness assessment can prevent a law applicant from becoming an attorney. Information Read MoreRead More
Congratulations to everyone who passed the July Pennsylvania Bar Exam. Prospective lawyers who pass the exam must also pass the Board of Law Examiners’ character and fitness investigation. If you are denied bar admission on the grounds of character and fitness, you can appeal for admittance. It is important to have an experienced attorney work Read MoreRead More
Benjamin E. Smith has joined the law firm of Leonard, Sciolla, Hutchison, Leonard & Tinari as an associate. Mr. Smith focuses his practice on catastrophic personal injury, medical malpractice, professional negligence, workers’ compensation, and commercial litigation. Mr. Smith has been successful in obtaining the best possible results for clients. Mr. Smith is a graduate of Read MoreRead More
The majority of people sign many contracts during their lives, but how many actually read them? And how many of those people ever try to change the terms of a contract? It is important to read contracts before you sign, and even more important to know what it all means. Attempting to change terms in a contract can be in your best interest, particularly now that arbitration provisions are routinely included in them. This provision requires parties to the contract to arbitrate (bring the matter before an impartial person) rather than litigate (bring the matter into court) any disputes or claims that may arise out of the agreement. In other words, signing an agreement with an arbitration provision means that you are foregoing your right to a jury trial.
The average age of the American worker is increasing, setting the stage for an uptick in age-based discrimination in the workplace. The Bureau of Labor and Statistics estimates that by 2024, the median age of workers will rise to 42.4. It also predicts that the labor force of those age 55 and older will grow at an annual of 1.8 percent, which is more than three times the rate of growth of the overall labor force. Currently, one in five workers in the U.S. is 55-years-old or older. A study by AARP found that 64% of workers have experienced age discrimination themselves, or seen it in their workplace. Age discrimination can take a variety of forms, from discriminatory comments to practices surrounding hiring and firing.
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 Council, nearly 1,000 people were killed in crashes involving teen drivers between Memorial Day and Labor Day in 2012. More than half of the people killed were teens themselves. The NSC cites several reasons for the spike in accidents during the summer months: teens drive more frequently for recreational purposes; they may stay out later at night when the risk of crash is higher; and they are more likely to be driving with friends. The National Safety Council says passengers increase the risk of a teen driver being involved in a fatal crash by at least 44%.
Where should a workers’ compensation claim be filed if an employee lives in one state, but works in another? According to an April decision from a New Jersey appellate court, a claim can be filed and heard in the state of your residence even if you worked exclusively in the state where you were injured. In that case, the employee was injured at his job in New York and filed a workers’ compensation claim in New York. He later filed another claim in New Jersey. Initially, the New Jersey Division of Worker’s Compensation dismissed the employee’s petition for lack of jurisdiction. But in April, the appellate court reversed that decision after finding that the employment contract was created in New Jersey because the employee accepted his job over the phone from his New Jersey residence.
Keith Leonard is scheduled to give two different presentations at the National Business Institute’s (NBI) two-day course, “Real Estate Transactions from A to Z.” Mr. Leonard’s presentations, “Curing Title Defects before Closing” and “Handling the Closing: Critical Essentials for Smooth Transactions” will be both be held on the second day of the seminar. The event gives attorneys and other real estate professionals to learn about the latest developments in the industry.