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Last night, President Obama’s made an important announcement on overtime. The Wage and Hour Division (WHD) of the U.S. Department of Labor has been working to update the rule that would extend overtime pay to nearly 5 million workers. The proposal would guarantee overtime pay to most salaried workers earning less than an estimated $50,440 […]
by Lisanne L. Mikula The Fair Labor Standards Act (“FLSA”) and its Pennsylvania counterpart, the Pennsylvania Minimum Wage Act (“PMWA”), generally provide employees with overtime pay calculated at 150% of the regular pay rate for any hours over 40 that the employee works in one week. Salaried workers who are properly classified as “executive,” “administrative,” […]
by Robert M. Diorio Divorce In Pennsylvania, a divorce can be filed if one of the spouses has lived in the state for at least six months prior to filing in the county where at least one of the spouses resides. A divorce can be Fault, based upon grounds such as indignities, adultery, cruelty, and […]
by Robert M. Diorio The Pennsylvania Legislature has mandated certain changes to Powers of Attorney as of January 1, 2015, which, among other provisions, include: All Powers of Attorney must now be notarized, and witnessed by two individuals. However, the Agent cannot be the Notary, or serve as one of the witnesses. The Notice to […]
by Lisanne L. Mikula The Fair Labor Standards Act (“FLSA”) and its Pennsylvania counterpart, the Pennsylvania Minimum Wage Act (“PMWA”), require that non-exempt workers receive wages for all “compensable time.” Tracking “compensable time”, however, is not always simple. Technological advances make it easy for employees to perform work tasks outside of standard work hours or […]
It is sometimes difficult for employers to discern what constitutes racial discrimination. A recent lawsuit brought by the Equal Employment Opportunity Commission (EEOC) against an Alabama insurance company is a case in point. An EEOC news release reported a case where the EEOC accused Catastrophe Management Solutions, based in Mobile, Alabama, of discriminating against an […]
by Robert M. Diorio Individuals entering into divorce may rely on the courts to make decisions on their settlement issues. However, many couples choose to retain control over their futures by negotiating settlements out of court. While it sometimes may not seem possible to come to agreement on issues pertaining to the children, property division […]
The U.S. Supreme Court’s ruling last summer on the Defense of Marriage Act (DOMA) has wide-reaching effects on areas of law other than marriage. In particular, employment law, as it relates to marriage, has changed with this DOMA ruling. The most apparent change is in states that recognize same-sex marriages and now must offer employment […]
by Robert M. Diorio When a divorce is uncontested, both parties agree to the terms of the divorce for child custody, visitation, child support, property division and spousal support (if applicable). By contrast, in a contested divorce, parties cannot agree on the terms or conditions for divorce. They often have conflicts, despite having tried to […]
Many married couples experience such significant conflicts that they know their marriages must end. However, others may feel they can potentially resolve their conflicts by spending some time apart while they undergo counseling to work through their issues. In the early days of a marriage, couples can simply take up different residences to separate. However, […]
