Business & Employment Law Archives - Page 8 of 10

Practical Advice for Complying with the New Overtime Regulations without Raising Wages

By now, employers know that the U.S. Department of Labor is raising the salary level for exempt employees under the Fair Labor Standards Act (“FLSA”). The new rule takes effect December 1, 2016, and raises the minimum annual salary level from $23,660 to $47,476 to qualify for the exemption. Failing to raise salaries to this new level… Read On

Failure to Follow Labor Laws Governing Compensation for Employee Breaks Can Be Costly

A question from employers that continues to arise from time to time is whether federal or state law mandates lunch breaks for employees. Neither does, a fact that could come as a surprise to many employees who consider lunch breaks a right to which they are legally entitled. While lunch breaks are not required, certain rules come into play when lunch breaks are provided… Read On

Succession Planning for the Closely Held Business

Although many small business owners envision passing along the company to children or other family members, without proper business succession planning, transfer taxes and liquidity problems often cause even the most successful businesses to be sold or liquidated upon the death of a key owner. One problem that frequently arises, either on the death of a key owner or on the termination of a shareholder… Read On

Pennsylvania Law & Workplace Uniform Maintenance Costs

If an employer requires uniforms, can an employer require an employee to share the costs of purchasing or maintaining uniforms? Yes. Under Pennsylvania law, employers may require employees to purchase work uniforms. Under the Fair Labor Standards Act, however, employers may not require employees to purchase uniforms where the cost of the uniform would reduce the employee’s wages below the minimum wage or where the cost would cut into overtime compensation.[1] … Read On

Workplace Uniform Policies – Be Aware of Special Considerations

In 2015, Abercrombie & Fitch attracted significant media attention surrounding a Title VII religious discrimination challenge brought against the company for its now-infamous “Look Policy.”[1] Samantha Elauf, a practicing Muslim, applied for a position in an Abercrombie store in Tulsa, OK. Because of her religious beliefs, Elauf wore a headscarf, also known as hijab. Abercrombie’s uniform policy… Read On

Nauman Smith and Simon Lever to Host Event

Planning for the succession of a business is never an easy topic, especially for family or other closely held businesses. It can be a stressful and emotionally draining experience. Accountants, attorneys, and business advisors are often involved in the succession planning efforts, and frequently find they are helping clients manage the emotional aspects as well as the business… Read On

Employment Cases and Regulations to Watch this Year

CASES CRST Van Expedited, Inc. v. EEOC, No. 14-1375 (U.S. Supreme Court) Issue: Can employers recover attorneys’ fees if the EEOC fails to satisfy its pre-suit obligations under Title VII? The EEOC brought suit against the petitioner, an interstate trucking service, contending that a female driver-trainee and other similarly situated female employees had been sexually harassed and subjected to a hostile work environment by male lead drivers or co-drivers… Read On

EEOC Data Collection Raises a Number of Issues for Employers

The Equal Employment Opportunity Commission has proposed expanding the types of information it collects about employee pay on the so-called Employer Information Report, known as EEO-1. The EEOC’s stated goal is to assist both employers and the agency in spotting possible pay discrimination. In a press release, EEOC Chair Jenny R. Yang said, “Collecting pay data is a significant step forward in addressing discriminatory pay practices… Read On

Use of Conviction and Arrest Records in Hiring Decisions

While I practice in employment law, and advise clients on the use of conviction records in making hiring decisions, the issue recently struck me personally. A relative committed a felony as a teenager. He served 15 years in prison and was released several years ago. He eventually found night shift work in a manufacturing facility. After his wife obtained a day job with full benefits… Read On

Business Law Shorts

Among the recent business law developments at the local and state level were the City of Harrisburg’s adoption of a 10-year property tax abatement program for commercial and residential development in the City; loosening of the Public Utility Commission’s regulations for new household moving company market entrants; and a decision by the Pennsylvania Supreme Court on unemployment compensation that appears will have additional impact in the workers’ compensation realm… Read On

Business Cases to Watch in 2015

1. Insurance: Babcock & Wilcox Co., et al. v. American Nuclear Insurers, No. 2 WAP 2014, 84 A.3d 699 (Pa. 2014) The Pennsylvania Supreme Court will decide a major issue affecting insurers and policy holders. Most insurance contracts provide that the insurance company will handle all litigation defenses with a specific provision granting the insurer control over the litigation… Read On

Tax Savings on Health Insurance for Employers and Employees Through a Premium Only Plan

The good news is that health insurance costs are moderating. The Kaiser Family Foundation found in its recent 2014 Employer Health Benefits Survey that family coverage premiums increased just 3% in 2014 over 2013. Single coverage premiums increased just 2%. The costs are still significant, however. The study found that in 2014, average annual premiums for employer-sponsored health insurance are $6,025 for single coverage and $16,834 for family coverage… Read On