Philadelphia Business Lawyers: Association Transactions Act

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A major overhaul of Pennsylvania’s entity laws went into effect on July 1, 2015. The Association Transactions Act, which is similar to the Model Entity Transactions Act, replaces or reconfigures much of the dated legislation contained in Title 15, Corporations and Unincorporated Associations, and streamlines applicable provisions for more modern entity types. The Act consolidates and clarifies regulations surrounding entity transactions and makes it easier for all entity types to execute these transactions.

Specifically, the Act modifies or creates legislation to oversee five types of transactions: mergers, conversions, interest exchanges, divisions and domestication. Previously, the types of entities eligible for some of these transactions were limited, but the Act gives businesses much more flexibility. Simplifying these costly and time-consuming transactions is a huge win for Pennsylvania businesses.

This is a particular benefit to businesses looking to convert their entity type, who previously would have had to either dissolve or merge with another entity and reform as a different type. Divisions have also become less complicated, as spin-off entities no longer need to be the same type as the parent entity. Divisions are useful for businesses looking to attribute assets or liabilities to separate subsidiaries, but they are still only available in certain jurisdictions.

New Laws Beneficial for Businesses in Pennsylvania

In addition to the transaction governance laws, the Act also introduces several new types of filings that will be available to businesses. A Statement of Abandonment allows a document given to the Department of State to be withdrawn before taking effect. A Statement of Conversion can be used to convert an existing association to a different type of association. A Transfer of Registration is helpful to registered foreign entities, allowing them to easily merge with non-registered entities or convert their entity type. The Statement of Interest Exchange remains functionally the same as the previous version of the form, but it can now be used for any type of entity.

Existing Pennsylvania businesses will benefit from the clear, consolidated framework for various types of transactions, but the Act could also help to bring new business to the state. The cost-saving and red tape-cutting measures in the Act will make Pennsylvania more attractive to businesses. Provisions in the Act extend the ability to domesticate an entity across all entity types, which will allow businesses to move into Pennsylvania more easily.

Philadelphia Business Lawyers at the Law Offices of Sidkoff, Pincus & Green Help Businesses Achieve Their Transaction Goals

If you are looking into transaction options for your business, call Philadelphia business lawyers at the Law Offices of Sidkoff, Pincus & Green. Our legal team has the knowledge and experience to guide you through the process, including reviewing all applicable legislation and helping you choose the strategy that is right for your business needs. With offices conveniently located in Center City, Philadelphia, we serve businesses both in the Philadelphia area and across the country. Call us today at 215-574-0600 or contact us online to review your options with a qualified business transaction lawyer.

Philadelphia Wage and Hour Lawyers Discuss Lawsuit Filed Against Movie Company for Minimum Wage Violations

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A Montgomery County resident and former employee of Movie Tavern Partners filed a class action lawsuit against the company citing minimum wage violations. The ex-employee filed for herself and on behalf of other employees who were treated similarly. The lawsuit cites violations of the Fair Labor Standards Act (FLSA) and the Pennsylvania Minimum Wage Act.

According to details of the complaint, the plaintiff worked as a runner for the company’s Collegeville location from March to August of 2014. The suit says that because the company applied a tip credit against their wages, they were not paid the mandated minimum wage for the hours they worked.

The law states that an employer may pay its employees less than minimum wage if the customer tips combined with the tip credit wage equals at least minimum wage. The employer must also make the employees aware of its intention to pay a tip credit wage so that the employees are aware of what their salary will be. According to the lawsuit, the company did not notify its employees, and they only paid the tip credit wage.

The class action lawsuit seeks unpaid wages, unpaid overtime, liquidated damages, attorney fees, court costs and other costs that the court deems appropriate.

Philadelphia wage and hour lawyers at Sidkoff, Pincus & Green, P.C. provide experienced, dedicated legal counsel for employees experiencing wage and hour issues and violations of the FLSA by their employer. For more information, call our Philadelphia FLSA lawyers at 215-574-0600 or contact us online.

Philadelphia Employment Lawyers: Executive Order to Provide Sick Leave for Federal Contractors

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Federal contractors will soon be entitled to paid sick leave, including paid leave for family care. President Obama recently signed an executive order that will guarantee paid sick leave to approximately 300,000 employees. In an effort to attract and retain dedicated, talented employees, access to paid sick leave will provide a more comprehensive benefits package to federal contractors.

According to the executive order, employees can earn up to seven days of paid time off each year. This paid leave can be used for issues including, but not limited to a medical condition, caring for a family member, domestic violence or time needed to seek counseling or legal representation.  Individual employers may decide to provide more than seven days, but this is the minimum amount of days federal contractors must provide its employees.

For more information about how this executive order will affect your employee benefits, call Philadelphia employment lawyers at Sidkoff, Pincus & Green at 215-574-0600 or contact us online.

Philadelphia Wage and Hours Lawyers Discuss Proposed Changes to FLSA

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The Department of Labor (DOL) is proposing an update to the regulations surrounding which white collar workers should be entitled to the Fair Labor Standards Act’s minimum wage and overtime protections. Overtime eligibility that was previously meant for high-earning employees such as executive, administrators and professionals could now apply to employees with salaries in the low to mid 20 thousands. The proposed regulation could be promising news for hard-working Americans who deserve to be fairly compensated for their hard work.

The proposed changes to overtime regulations proposed by DOL include setting the standard salary level at the 40th percentile of weekly pay for full-time, salaried employees. According to data from 2013, this would amount to $921 per week. The DOL estimates that the 2016 level would be approximately $970 a week. In addition, the DOL is suggesting that high level earners annual compensation level be set to equal the 90th percentile of earnings. The DOL also proposes to automatically updating salary levels annually in order to prevent the salary level requirement from becoming outdated.

If you are involved in an FLSA dispute or believe you have been denied overtime, our Philadelphia wage and hours lawyers at the Law Offices of Sidkoff, Pincus & Green can help you navigate the complexities of the proposed changes to the FLSA law. For professional, dedicated, aggressive legal representation, us at 215-574-0600 or submit an online contact form.  Our offices are conveniently located in Philadelphia, Pennsylvania.

Philadelphia Wrongful Death Lawyers: $7 Million Awarded in Dram Shop Settlement Outside Philadelphia Bar

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In June of 2015, the estate of Kevin Kless was awarded $7 million after Kless was attacked and beaten to death by three assailants in Old City. Defendants Lucy’s Hat Shop and G Lounge paid out their policy limits after they were found liable for serving two of the assailants, who were minors.

Dram Shop laws allow victims and their families to hold establishments liable for serving alcohol to individuals who later commit alcohol-related crimes. According to Pennsylvania Dram Shop laws, an establishment can be liable for the entire verdict even if it is only 1% liable on damages.

For more information or to discuss a possible claim of medical malpractice, call Philadelphia wrongful death lawyers at Sidkoff, Pincus & Green at 215-574-0600 or contact us online.

Philadelphia Police Misconduct Lawyers: $40 Million in Settlements

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Over the last four years, police misconduct lawsuits within Philadelphia have spiked. Over 600 cases have been settled, resulting in close to $40 million in payments. According to MuckRock, an organization which helps individuals in filing governmental requests for information through the Freedom of Information Act, the largest settlements have involved police related shootings. Compared to other major cities such as San Francisco and Austin, Philadelphia has settled five times as many Police misconduct cases. Most common were cases involving assault and excessive force. Shooting related cases lead to the bulk share of the dollars settled; over $14 million dollars have been paid out to these victims and their families.

The biggest specific payout involved a shooting where police thought a man was intruding a building in which he lived. The family settled for $ 2.5 million dollars. Settlements continue to increase as the year progresses. In a highly controversial case in 1999 which involved the shooting and death of a male individual, the case was settled for $ 712,000 dollars. Recently in February a case was settled for $200,000 involving a man who was brutally beaten by police prior to his arrest which was also not warranted. The man broke his orbital bone, had lacerations on his face and was bleeding badly. Video surveillance displayed evidence that thus man was falsely arrested.

For more information, call Philadelphia police misconduct lawyers at Sidkoff, Pincus & Green at 215-574-0600 or contact us online.

Philadelphia Business Lawyers: Copyright Claims and Unauthorized Copying of Copyrights

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In order to have a claim for copyright infringement, the plaintiff must show: (1) that they have a valid copyright and (2) that the original elements of their work were copied, without their authorization. To file a claim under the Federal Copyright Act, federal registration must first be acquired.  A plaintiff can satisfy the first element, a valid copyright, by showing that the work is original and that they are the author of the work or by producing their federal copyright certificate if they already federally registered their copyright.

Unauthorized copying can be shown with direct evidence of copying or indirect evidence of copying.  When using indirect evidence of copying the plaintiff must show that the defendant had access to the plaintiff’s work and that the works are substantially similar.  Substantial similarity may be shown by lay witness testimony or expert witness testimony.  Additionally, the aspects of the works that are substantially similar must be protectable elements of the work.  The author’s express of their idea is protectable but the actual idea or theme itself is not protectable.

For more information, call Philadelphia business lawyers at Sidkoff, Pincus & Green at 215-574-0600 or contact us online.

Philadelphia Medical Malpractice Laywers: Crozer-Chester Hospital Found Liable For Negligent Treatment

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A jury found defendant doctor, Mohammed Budeir, and Crozer-Chester Medical Center negligent in treating plaintiff Bonnie Semple. Semple is now required to have a permanent tracheostomy tube. The jury awarded Semple $2.78 million.

Semple was admitted to Crozer-Chester Medical Center after a car accident, in which she was knocked unconscious and suffered abdominal bleeding, as well as blunt force trauma to her head. Semple was endotracheally intubated, and Budeir then performed a repair of liver lacerations. She remained intubated for several days, and an ear, nose and throat doctor found swelling in her airways. The doctor recommended she receive steroids for the next few days. Semple’s swelling continued despite the small doses of steroids Budeir gave her.

Semple was discharged in mid-April, but was readmitted to the hospital in May to treat a bacterial skin infection involving her chest wall and neck. Doctors found tissue swelling, multilevel airway collapse and obstruction, due to a misplaced tracheostomy. Semple underwent numerous additional surgeries in 2009 and 2011, including a reconstruction procedure that involved removing portions of Semple’s rib bones and cartilage to correct the error.

Semple argued the treatment caused her to need a permanent tracheostomy, a special valve to speak, limited activity, and the need to take extra precautions around water. She also noted her tracheostomy tube must be replaced every three months, and she must take medications to control her stomach acidity.

For more information or to discuss a possible claim of medical malpractice, call Philadelphia medical malpractice lawyers at Sidkoff, Pincus & Green at 215-574-0600 or contact us online.

Philadelphia Trademark Lawyers: Under Armour Trademark Infringement

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Athletic apparel giant, Under Armour, filed a trademark infringement and unfair competition lawsuit against Armor & Glory, LLC, a competitor athletic apparel company. In the lawsuit, Under Armour claimed that Armor & Glory’s products and promotions were similar to Under Armour, and that the two brands could be mistaken for one another.

The lawsuit specifically states that the Armor & Glory logo could “dilute the distinctiveness” of the famous Under Armour logo. The company filed the complaint in the U.S. District Court in Baltimore, seeking damages and requesting that the court prevent further use of the Armor & Glory name.  The case has not yet been decided.

Philadelphia Trademark Lawyers at Sidkoff, Pincus & Green Represent Victims of Trademark Infringement

Philadelphia trademark lawyers at Sidkoff, Pincus & Green P.C. are extremely knowledgeable in all aspects of trademark law, including trademark infringement. To schedule a consultation with one of our experienced trademark lawyers, call us at 215-574-0600 or submit an online contact form. We serve clients throughout Pennsylvania and New Jersey.

Philadelphia Employment Lawyers: Medical Leave

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Employers have a duty to inform workers about Medical Leave request’s deficiencies.

The Third Circuit (PA, NJ, and DE) recently ruled that Employers cannot deny a request for medical leave under FMLA if the request is not complete or insufficient to be reviewed. Instead, the employer has a duty to inform the employee their request is insufficient and give them the chance to correct it.  In Hansler v. Lehigh Valley Hosp. Network, No. 14-1772, 2015 WL 4925819 (3d Cir. Aug. 19, 2015) the Third Circuit ruled that the employee’s FMLA request was “insufficient” and she should have gotten the chance to fix the request within seven (7) days. Instead the employer simply denied the request with no further review into the request, and never gave notice to the employee until her termination for taking time off for her undiagnosed medical condition.

The regulations surrounding these type of requests never allow for a request to be incomplete, essentially meaning there is no official request by the employee until there is a completed submitted request. This ruling protects employees who are facing a potentially new and undiagnosed condition, or anyone who does not submit a completed form. This ruling offers increases employers’ duties in regards to improper leave requests.

For more information, call Philadelphia employment lawyers at Sidkoff, Pincus & Green at 215-574-0600 or contact us online.