1101 Market Street Suite 2700, Philadelphia, PA 19107
1101 Market Street Suite 2700, Philadelphia, PA 19107

Established 1958

Hardball Business Litigation &
Complex Negotiations

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Established 1958 ~ Hardball Business Litigation & Complex Negotiations


Supreme Court holds “Service Advisors” exempt under FLSA

On April 2, 2018, the United States Supreme Court held that service advisors at car dealerships are exempt from the FLSA’s overtime-pay requirements under 29 U.S.C. 213(b)(10)(A). Encino Motorcars, LLC v. Navarro, 138 S.Ct. 1134 (2018). In Encino Motorcars, the Court...

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PA Superior Court Strikes Down Non-Hire Clause

In the recent case of Pittsburgh Logistics Systems, Inc. v. BeeMac Trucking, LLC, No. 134 WDA 2017 (Pa. Super. Ct. 2018), the Pennsylvania Superior Court voided a non-hire clause contracted between two companies. The non-hire clause stated that the contracting...

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Supreme Court to Rule on Legality of “Fair-Share Fees”

On February 26th, the Supreme Court heard arguments in Janus v. American Federation of State, County, and Municipal Employees, Council 31, 851 F.3d 746 (7th Cir. 2017). Although the Court will not circulate a decision until summer of 2018, commentators are speculating...

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Philadelphia Court Refuses to Enforce Arbitration Provision

On April 3, 2017, the Philadelphia Court of Common Pleas refused to uphold an arbitration provision in a Responsible Person Agreement (“RPA”) signed by a nursing home resident’s daughter, but not signed by the resident herself. Clementson v. Evangelical Manor, Civil...

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Overtime and the Fluctuating Workweek Method

Calculating Overtime Using the Fluctuating Workweek Method Does Not Violate the Pennsylvania Minimum Wage Act The Pennsylvania Superior Court recently resolved a case regarding the method of calculating overtime compensation under the Pennsylvania Minimum Wage Act...

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