Sexual Harassment in the Workplace: Legal Obligations and Employee Rights

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Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Help if You Have Been Sexually Harassed in the Workplace

Ideally, every workplace would be a safe and respectful environment for all employees. Unfortunately, that is not always the case. One of the most pervasive issues plaguing the workforce today is sexual harassment. It can cause severe emotional distress, inhibit professional growth, and even lead to significant legal consequences.

What Is Workplace Sexual Harassment?

Sexual harassment in the workplace is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. It involves any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.

Here are common examples of sexual harassment:

  • Unwanted physical contact: An employee might be subjected to unwanted touching, hugging, or patting by a colleague or supervisor. This behavior, when unwelcome, can constitute sexual harassment.
  • Sexual comments or jokes: Persistent comments about an individual’s physical appearance, lewd jokes, or suggestive remarks can also fall under sexual harassment.
  • Sexual propositions: A superior offering job benefits in return for sexual favors or threatening negative employment consequences if such favors are not provided is a clear example of quid pro quo sexual harassment.

Who Can Be Liable for Workplace Sexual Harassment?

Both employers and employees can be held liable for sexual harassment. An employer can be held responsible if they knew or should have known about the harassment and failed to take appropriate corrective action. Similarly, an individual who engages in harassment can be held personally liable for their actions.

Sexual Harassment Laws in Pennsylvania

In Pennsylvania, sexual harassment laws mirror those at the federal level. The Pennsylvania Human Relations Act prohibits sexual harassment and makes it illegal for employers to retaliate against employees who report such behavior. Employers must ensure a safe, respectful, and non-hostile working environment. Failure to do so can result in severe legal consequences, including fines and penalties.

What Can You Do if You Have Been Sexually Harassed at Work?

Here are some steps you can take if you have been sexually harassed in the workplace:

  • Report the incident: The first step is to report the incident to your supervisor or HR department. Make sure to document all incidents and interactions related to the harassment.
  • File a complaint: If your employer does not take appropriate action, you can file a complaint with the Pennsylvania Human Relations Commission or the Equal Employment Opportunity Commission.
  • Consult with a lawyer: It is advisable to consult with an attorney. They can guide you through the process and protect your rights.

No one should tolerate sexual harassment in the workplace. Knowing your rights and legal options can empower you to act against such behavior. If you are experiencing sexual harassment, you are not alone, and legal resources are available to help you navigate this difficult time.

Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Help if You Have Been Sexually Harassed in the Workplace

You have rights in the workplace, and if you have faced sexual harassment, you may have legal options. Speak with our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule a consultation. We are a premier firm that has been protecting workers’ rights for decades. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

Franchise Law: Navigating Legal Requirements for Franchisors and Franchisees

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Our Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Keep Your Company Compliant

The world of franchising presents an intriguing blend of entrepreneurship and business expansion. It is a domain where innovation meets proven methods and new players join forces with established companies. However, this landscape is not devoid of legal complexities. Both franchisors and franchisees must navigate a maze of regulations and requirements to ensure they operate within the law. This article aims to illuminate some of these legal intricacies.

Federal Trade Commission (FTC) and State Rules

At the federal level, the primary regulation governing franchising is the FTC Rule. The FTC requires franchisors to provide prospective franchisees with a Franchise Disclosure Document (FDD). This document contains detailed information about the franchisor’s business, financials, and the proposed franchise agreement. From a franchisee’s viewpoint, the FDD is a crucial tool for evaluating potential business opportunities.

On the other hand, state laws vary widely in their approach to franchising. Some states require franchisors to register their FDDs annually, while others impose no such obligation. For franchisors, it is vital to understand and comply with each state’s specific requirements where they intend to offer franchises.

Employment Law Problems

Employment law issues can pose significant challenges in franchising. Franchisors must be cautious not to exercise excessive control over franchisees’ employees, lest they risk being classified as joint employers. This classification could make franchisors liable for employment law violations committed by their franchisees.

For franchisees, it is crucial to understand their responsibilities as employers. They must comply with all applicable labor laws, including wage and hour regulations, anti-discrimination laws, and safety standards. Failure to do so can lead to hefty fines and damage their relationship with the franchisor.

Intellectual Property and Restrictive Covenants

Intellectual property (IP) rights are at the heart of any franchising relationship. Franchisors grant franchisees the right to use their trademarks, service marks, and proprietary business methods. In return, franchisees must respect these rights and not engage in activities that could harm the franchisor’s IP.

Restrictive covenants, such as non-compete and non-disclosure agreements, are also common in franchising. These covenants aim to protect the franchisor’s business interests by restricting franchisees’ activities during and after the franchise relationship. On the flip side, franchisees should ensure that these covenants are reasonable and do not unduly limit their ability to operate a business.

Dispute Resolution Mechanisms

Franchising agreements often include mandatory arbitration or mediation clauses to resolve disputes. These clauses require franchisors and franchisees to settle their disagreements through a specified dispute resolution mechanism rather than litigation. While this can expedite the resolution process and keep costs down, it can limit the parties’ rights to a trial and appeal. Therefore, both franchisors and franchisees need to understand the implications of these clauses when entering into a franchise agreement.

Tax Obligations

Franchisors and franchisees must also be aware of their tax obligations. In the U.S., franchisors may be subject to federal income tax on their franchise fee income, while franchisees can often deduct franchise fees as business expenses. However, state and local taxes can vary significantly, and franchisees must also account for sales tax, property tax, and potentially other state-specific taxes in their financial planning.

Liabilities and Insurance

Franchisors and franchisees must consider potential liabilities that can arise in their operations. For instance, if a customer is injured at a franchise location, the franchisee (and potentially the franchisor) could be liable. To manage these risks, franchisees are often required to carry certain types of insurance, such as general liability insurance, Workers’ Compensation insurance, and property insurance. Understanding these insurance requirements is crucial for both parties to protect them adequately.

Our Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Keep Your Company Compliant

Franchising can seem like a great idea, and in some cases, it has benefits. However, the legal complexities around franchising are massive, so getting the right legal advice matters. Speak with our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. about your options. Call us at 215-574-0600 or contact us online to schedule a consultation. Located in Philadelphia, we proudly serve clients in Pennsylvania and New Jersey.

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DOL Proposal Would Allow Millions of Workers More Overtime Pay

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Often, employers take the most liberties with their salaried workers. They know they must follow federal wage and hour laws regarding hourly workers. However, salaried workers may be subject to harsh working requirements with little recourse. The Department of Labor seeks to change the reality for many salaried workers on the lower end of the earnings spectrum. A proposed rule would mandate overtime pay for salaried workers earning less than $55,000 per year who work more than a 40-hour workweek. The rule would also smooth the process of increasing the threshold in the future.

Employers must pay overtime to salaried white-collar workers earning less than $35,568 annually. Even with the low threshold, there are still scores of lawsuits against employers under the Fair Labor Standards Act for failure to pay overtime as required by law.

The DOL proposes to index the threshold to the 35th percentile of average weekly earnings of full-time salaried workers in the lowest-wage Census Region. The new rules would raise the threshold by roughly 55 percent. The actual amount of the change could be even greater since the final threshold is not definitively set in the proposed rules.

In addition, the DOL is raising the salary-level threshold for highly compensated employees from $107,432 to $143,988. Employees under this amount who perform office work and meet the other elements of the exemption must also be paid overtime if they make under the amount.

In addition, the DOL is also proposing automatic hikes in these thresholds every three years based on employment and earnings data. The indexing would keep the DOL from passing new rules to raise the threshold and go through the extensive rulemaking process.

The rule changes would drastically increase the number of people who must receive overtime. Under federal law, agencies must estimate the impact of their rules. The DOL estimates that approximately 3.6 million additional people would receive overtime under the new rules.

The Rules Will Still Need to Go Through a Lengthy Process

Currently, the rules are in a proposed format. As federal law requires, the agency must solicit and review comments from the public; the public will have 60 days. The agency could take several years to make its way through the rulemaking process. The agency will need to review hundreds of thousands of comments. The DOL has already pushed off proposed rules by several years.

You Can Sue for Violations of the FLSA

Notwithstanding the proposed rules, employers must still follow the Fair Labor Standards Act requirements regarding overtime. If they fail to pay overtime as required, their employees could sue them in a class action lawsuit. Employees should contact an experienced lawyer if they believe their employer has failed to pay them according to the law.

Contact Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C.

If you believe your employer has underpaid you in violation of the law, contact our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule a consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

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How to Handle Intellectual Property Licensing?

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Keep Your IP Protected

Intellectual property (IP) licensing is crucial for businesses in the modern digital age. It is an area that requires careful management and understanding.

An IP license is an agreement where the owner of an intellectual property (licensor) grants permission to another party (licensee) to use, produce, or sell the licensor’s IP. It is important to note that the licensor retains intellectual property ownership. The licensee merely receives the rights to use the IP under specific terms and conditions outlined in the licensing agreement.

Businesses might need to license their IP for several reasons. First, it allows them to monetize their intellectual property without producing or selling products themselves. This means they can earn revenue through royalties. Second, it can help expand market reach by allowing others to sell or produce the product or service in different regions or sectors. Lastly, licensing can foster strategic partnerships and collaborations, driving innovation and growth.

Types of IP Licensing

Three main IP licensing types exist:

  • Exclusive licensing: In this arrangement, only the licensee can use, produce, or sell the licensed IP. Even the original owner (licensor) cannot use the IP in the way stipulated in the agreement.
  • Sole licensing: Under an exclusive license, both the licensee and the licensor can use the IP. However, the licensor cannot grant additional licenses to other parties.
  • Non-exclusive licensing: In a non-exclusive license agreement, the licensor retains the right to grant licenses to multiple parties, including using the IP.

Pros and Cons of IP Licensing

Like any business decision, IP licensing has its advantages and disadvantages. On the positive side, IP licensing can provide additional income streams, expand market reach, and foster business partnerships. It can also mitigate risk as the licensee often assumes the costs and risks associated with manufacturing, marketing, and selling the product or service.

However, IP licensing also has potential downsides. Poorly drafted agreements can lead to disputes over royalties, usage rights, and the scope of the license. There is also the risk of the licensee damaging the reputation of the IP if they produce or sell substandard products or services.

Examples of IP Licensing

  • Franchising: One of the most common examples of IP licensing is franchising. Companies like McDonald’s, Starbucks, and Subway license their brand name, operating methods, and products to franchisees who open and operate their locations in these famous chains. The franchisees pay royalty fees to use the franchisor’s IP.
  • Software licensing: Companies like Microsoft or Adobe license their software to users. You are not buying the software outright when you purchase a software product from these companies. Instead, you are purchasing a license to use the software subject to the terms and conditions of the licensing agreement.
  • Merchandising: Entertainment companies often license their intellectual properties for merchandising purposes. For example, Disney licenses its characters to toy manufacturers who produce and sell toys based on those characters.
  • Patent licensing: Pharmaceutical companies often license new drug or medical device patents. The company that owns the patent grants another company the right to manufacture and distribute the drug or device, usually in exchange for royalty payments.
  • Music licensing: Artists and record labels often license their music for use in movies, commercials, and other forms of media. The licensee pays a fee to the licensor (the artist or record label) for the rights to use the song or piece of music.
  • Publishing rights: Authors often license their books for translation and publication in different countries. The foreign publisher pays a licensing fee to the original publisher for the rights to translate and publish the book in their country.

Licensing Your IP

To successfully license your IP, you must first identify your intellectual property and ensure it is legally protected. Next, find potential licensees who are a good fit for your IP. Prepare a comprehensive licensing agreement that clearly outlines all parties’ terms, conditions, rights, and responsibilities. It is advisable to seek legal counsel during this process to ensure the agreement is robust and protects your interests.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Keep Your IP Protected

Your business’s IP is crucial to your brand and your success. You need a firm ready to help you protect your IP. To get legal support, speak with our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule a consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

Business Succession Planning: Preserving Your Legacy and Smooth Transition

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Our Philadelphia Business Attorneys at Sidkoff, Pincus & Green P.C. Can Help You With Succession Planning

Business succession planning is a crucial but often overlooked aspect of running a successful enterprise. It is the process by which an entrepreneur or business owner plans to continue their business in case of retirement, incapacitation, or even death. The goal of business succession planning is twofold: preserving the legacy of the business and ensuring a smooth transition of leadership.

Understanding Business Succession Planning

At its core, business succession planning involves identifying potential successors, training them, and gradually transitioning responsibilities to them. This ensures that the business remains viable and continues to grow even without the founder or owner.

The first goal of business succession planning is to preserve the legacy of the business. This entails ensuring that the business’s values, vision, and mission remain intact even after the transition. The second goal is to provide a smooth transition of leadership. This involves minimizing disruptions to operations, maintaining employee morale, and upholding the confidence of stakeholders throughout the transition process.

Selecting the Right Successor

Choosing a successor is perhaps the most critical part of business succession planning. This decision should not be taken lightly. The future of the business hinges on the capabilities and dedication of the chosen successor.

When selecting a successor, business owners must look for individuals who possess strong leadership skills, deeply understand the business, and share the company’s values. The selected individual should be able to make sound decisions, manage teams effectively, and navigate the complexities of the business landscape.

Moreover, it is essential to consider the person’s commitment to the business. A dedicated successor will likely persevere through challenges and lead the company toward continued success.

Preparing the Successor

Once a suitable successor has been identified, the next step is to prepare them for their future role. This involves providing them with the necessary training and exposing them to various aspects of the business.

Announcing the successor should be done to instill confidence in employees and stakeholders. This can be achieved by highlighting the successor’s qualifications, experience, and commitment to the business.

The preparation process should also include mentoring the successor. The current business owner should share their knowledge, insights, and experiences, helping the successor understand the intricacies of the business and the industry.

The Risks of Inadequate Planning

Failure to adequately plan for business succession can have dire consequences. Without a clear plan, businesses may face leadership gaps, operational disruptions, and a loss of confidence from employees and stakeholders. This could lead to a decline in business performance, loss of market share, and in extreme cases, business failure.

How a Business Attorney Helps?

A business attorney can play a crucial role in the business succession planning process, adding a layer of legal counsel that can help protect the company’s interests. They can guide the transition process by helping to draft and review key legal documents, such as buy-sell agreements, wills, and trusts. These documents outline the successor’s rights and responsibilities and can help mitigate potential stakeholder disputes.

Attorneys can also counsel the tax implications of succession, helping the business owners plan for any potential tax liabilities during the transition. They can suggest tax-efficient methods for transferring ownership, further facilitating a smooth transition.

In essence, having a business attorney’s services can make the succession planning process more manageable, compliant, and less prone to potential legal and financial pitfalls.

Our Philadelphia Business Attorneys at Sidkoff, Pincus & Green P.C. Can Help You With Succession Planning

Leaving your business can be bittersweet. However, knowing you have adequately prepared, you can preserve your legacy and ensure a smooth transition. For legal help with business succession planning, speak with our Philadelphia business attorneys at Sidkoff, Pincus & Green P.C. about your options. We are a boutique commercial litigation firm with countless 5-star reviews. Call us at 215-574-0600 or contact us online to schedule a consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

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The Gig Economy and Employment Rights: What Independent Contractors Should Know

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The gig economy represents a labor market characterized by short-term contracts or freelance work instead of permanent jobs. It derives its name from each piece of work akin to an individual “gig.” For instance, individuals who drive for Uber or Lyft participate in gig work. They do not have fixed hours; they can work when they want and are paid per ride, not a salary.

This structure dramatically contrasts with traditional employment, where an individual typically works set hours and receives a fixed salary. Traditional employees often have benefits, such as health insurance, retirement plans, and paid time off, which are not usually provided to gig workers.

The Trade-Offs: Benefits and Drawbacks

While gig work offers flexibility and independence, it has potential downsides. Gig workers often miss out on benefits that traditional employees enjoy. These may include health insurance, retirement contributions, unemployment insurance, and Workers’ Compensation.

Unfortunately, some companies misclassify their workers as independent contractors rather than employees to avoid paying for these benefits. This misclassification can leave workers without essential protections and benefits.

To understand the trade-offs between gig work and traditional employment, it is helpful to examine specific scenarios.

Example 1: Health Insurance

In traditional employment, workers often have access to employer-sponsored health insurance. This is a substantial benefit because the employer typically pays a portion of the insurance premium, making it more affordable for the employee. In contrast, gig workers, as independent contractors, are responsible for securing their health insurance. This can be more costly and time-consuming, as they must navigate the private insurance market or the state insurance exchanges to find suitable coverage.

Example 2: Income Stability

A salaried employee in a traditional job enjoys a fixed income that is not dependent on the hours worked or tasks completed. This guarantees a certain level of financial stability and predictability, allowing for easier budgeting and financial planning. On the other hand, gig workers’ earnings fluctuate based on the number of jobs they secure and complete. For instance, a freelance graphic designer may earn significantly more in one month due to several projects but may earn very little the following month if work is scarce.

Example 3: Flexibility vs. Job Security

One of the primary advantages of gig work is flexibility. A gig worker can choose when, where, and how much to work. For example, a rideshare driver can decide to work only during peak demand times to maximize earnings. However, this flexibility comes at the cost of job security. Unlike traditional employees who have some protection against sudden termination, gig workers can find themselves without work if demand decreases or if they receive negative customer feedback.

In contrast, traditional employees enjoy more job security but less flexibility. Their work hours are generally set, and they cannot choose to work only during peak times. However, they have the assurance of continued employment and a steady income, barring misconduct or significant organizational changes.

Determining Worker Classification: Employee vs. Independent Contractor

Several factors are considered to determine whether a worker is an employee or an independent contractor. Although these factors may vary slightly depending on jurisdiction, they generally include:

  • Control: Does the company control what the worker does and how the worker does their job?
  • Financial control: Does the payer control the business aspects of the worker’s job?
  • Relationship of the parties: Are there written contracts or employee-type benefits? Will the relationship continue, and is the work performed a vital aspect of the business?

Making an Informed Decision

The gig economy presents both opportunities and challenges. On the one hand, it offers flexibility and the potential for increased earnings. On the other hand, it lacks the security and benefits of traditional employment.

Workers must understand these trade-offs. Knowing the factors determining worker classification can help individuals make informed decisions about the type of work that best suits their needs and preferences.

Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Help You With Your Entitled Benefits

Worker misclassification happens all too often. Today, more and more people are entering the gig economy and may be unknowingly giving up some of their employment rights. To get legal support, speak with our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. about your options. We have been helping employees for decades. Call us at 215-574-0600 or complete our online form to schedule a consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

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What Are My Rights After Being Laid Off?

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Understanding your rights is vital in the event of a sudden job loss. The Worker Adjustment and Retraining Notification (WARN) Act, a U.S. federal law, offers significant protection. This legislation requires employers to provide a 60-day advance notice of plant closures and mass layoffs. The objective is to give workers and their families time to adjust, seek alternative jobs, or enter skill training programs.

The WARN Act applies to organizations with 100 or more full-time employees. It covers layoffs affecting 500 employees or at least 33 percent of the employer’s workforce (if less than 500). It also applies to plant shutdowns resulting in an employment loss for 50 or more employees during any 30 days.

Exceptions to WARN

While the WARN Act is designed to protect employees, certain exceptions exist. Employers may be exempt from providing the 60-day notice in cases of unforeseeable business circumstances, natural disasters, or if the company is faltering.

An unforeseeable business circumstance is a sudden, dramatic, unexpected action or condition outside the employer’s control. For instance, an abrupt and unexpected cancellation of a significant order might meet this exception.

A natural disaster includes floods, earthquakes, droughts, storms, tidal waves or tsunamis, and similar effects of nature. If a plant closure or mass layoff directly results from such a disaster, the employer is exempt from the notification rule.

The faltering company exception applies when a company has sought new capital or business and can show that issuing a notice would have precluded the employer from obtaining the needed capital or business.

Enforcing Your Rights

If you suspect your employer’s violation of the WARN Act, multiple steps are involved in enforcing your rights.

First, gather all relevant documentation, such as letters of termination, communication from your employer about the layoff or closure, and any relevant company-wide communications.

Second, consult with a lawyer or worker rights organization to understand the viability of your case. They can guide you through the complexities of the WARN Act and help determine if your employer violated the statute.

Third, you can file a complaint with the U.S. Department of Labor (DOL). The DOL will investigate your complaint and may take further action if they find a WARN Act violation.

Alternatively, you can file a private lawsuit in a U.S. district court against your employer. If the court rules in your favor, you might be entitled to back pay and benefits for each day of violation up to 60 days.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Help You Protect Your Rights

There is no getting around the fact that getting laid off causes lots of problems. However, it is essential that you know your rights and get the benefits you are entitled to after being laid off. To get legal support, speak with our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. about your options. Call us at 215-574-0600 or contact us online to schedule a consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

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Unique Legal Issues for Start-Up Companies

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Help Start-Up Companies

Starting a business is an exciting venture. However, it also comes with many legal challenges that can be daunting for any entrepreneur.

A lawyer plays an instrumental role in helping start-ups navigate these legal issues.

Business Structure

One of the first legal decisions a start-up needs to make is its business structure. Choosing between a sole proprietorship, partnership, corporation, or limited liability company (LLC) will significantly affect liability, taxes, and management control. Making the wrong choice can lead to unnecessary legal complications and financial burdens.

A lawyer can advise on the best business structure based on the start-up’s goals, the nature of the business, and potential risks. They can also assist with the formation process, including filing necessary paperwork and creating foundational documents like articles of incorporation or operating agreements.

Intellectual Property Rights

Start-ups often overlook protecting their intellectual property (IP). This includes trademarks, copyrights, patents, and trade secrets. Without proper protection, a start-up’s unique ideas, products, or services could be at risk of infringement.

Lawyers can help identify what IP a start-up owns and advise on the best strategies for protection. This might involve filing for patents, registering trademarks, or drafting non-disclosure agreements.

Employment Laws

As a start-up begins to hire employees, it must navigate complex employment laws. These include wage and hour laws, anti-discrimination regulations, and workplace safety standards. Non-compliance can result in hefty fines and damage to the company’s reputation.

A lawyer can ensure that a start-up complies with all relevant employment laws. They can help draft employee handbooks, develop employment contracts, and guide hiring and firing practices.

Contracts and Agreements

Start-ups deal with various contracts, from leases to vendor contracts to employment agreements. Understanding and adequately drafting these contracts is crucial to prevent potential disputes and litigation.

Lawyers can ensure that all start-up contracts protect the company’s interests. They can draft, review, and negotiate contracts to prevent potential disputes and ensure compliance with all terms and conditions.

Fundraising and Securities Laws

Raising capital is crucial for most start-ups. However, securities laws heavily regulate fundraising activities, which can be complex and confusing.

A lawyer can guide start-ups through raising capital while ensuring compliance with securities laws. They can help structure investment deals, draft investor agreements, and prepare necessary filings.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Help Start-Up Companies

Starting a new business is exciting, but you must consider legal issues. For legal support, speak with our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

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Do Employers Need to Supply Employees With a Handbook?

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An employee handbook is often viewed as a quintessential component of any organization. However, is it legally required for employers to provide their employees with a handbook? The short answer: no. There is no explicit legal obligation for businesses to have an employee handbook. However, the value and benefits of having a well-drafted handbook should not be underestimated.

Why Employee Handbooks Are Important?

While not legally mandatory, there are compelling reasons why employers should consider providing their employees with a handbook. An employee handbook is a central repository of an organization’s policies and procedures. It clearly communicates the expectations, rights, and responsibilities of both the employer and the employee.

Without written policies, misunderstandings can arise, leading to conflicts, decreased productivity, and potential legal issues. Employers can ensure that all employees receive consistent information by documenting policies in a handbook. This also helps to foster a sense of fairness and transparency within the organization, thereby boosting morale and engagement.

What Should Be Included in an Employee Handbook?

A practical employee handbook should cover a broad spectrum of topics that pertain to the workplace. Here are some key areas that should be included:

  • Company culture and values: This section allows businesses to introduce their mission, vision, and values, setting the tone for the work environment.
  • Employment policies: This includes details about work schedules, attendance, performance reviews, promotions, and termination procedures.
  • Compensation and benefits: Information about salary structures, bonuses, raises, health benefits, retirement plans, and vacation time should be clearly outlined.
  • Workplace conduct: This encompasses rules regarding dress code, harassment, discrimination, and other related issues.
  • Safety and security: Policies related to workplace safety, emergency procedures, and data security should be explicitly stated.
  • Legal rights and obligations: This includes information about compliance with federal and state employment laws.

When creating an employee handbook, it is crucial to incorporate several legal matters to ensure the company’s operations align with the law and protect the company and its employees. Here are some critical legal topics that should be addressed:

  • Equal Employment Opportunity (EEO): Companies must adhere to EEO laws prohibiting discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information. The handbook should clearly state the company’s commitment to EEO principles.
  • Harassment and discrimination policies: A comprehensive policy against harassment and discrimination, including sexual harassment, should be included. The policy should define what constitutes harassment, provide examples of prohibited behaviors, and outline the procedure for reporting and investigating complaints.
  • Family and Medical Leave Act (FMLA): If your company is subject to FMLA, policies regarding leave entitlements for eligible employees due to medical and family reasons should be clearly articulated.
  • Americans with Disabilities Act (ADA): The ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities. The handbook should outline your company’s commitment to comply with ADA regulations.
  • Fair Labor Standards Act (FLSA): This act regulates minimum wage, overtime pay, recordkeeping, and child labor. Your handbook should include policies regarding work hours, breaks, compensation, and overtime to ensure compliance with FLSA.
  • Occupational Safety and Health Administration (OSHA) regulations: Employers must provide a safe working environment. Your handbook should include policies on workplace safety, injury reporting, and emergency procedures.
  • At-will employment: If you operate in an at-will employment state, it is crucial to include a statement that employment is at-will, meaning that either the employer or the employee can terminate the employment relationship at any time.
  • Confidentiality and non-disclosure agreements (NDAs): To protect your business’s proprietary information, the handbook should include policies about confidentiality and non-disclosure.
  • Social media and electronic communication policy: In the digital age, it is important to have clear guidelines about the company’s acceptable use of social media and electronic communication.
  • Drug-free workplace policy: If applicable, include a policy that promotes a drug-free workplace.

The Role of a Lawyer in Drafting an Employee Handbook

Given the legal implications associated with various aspects of employment, a lawyer should assist in drafting an employee handbook. A lawyer can help ensure the handbook is comprehensive and compliant with all relevant laws and regulations.

A lawyer can help articulate policies clearly and unambiguously, reducing the risk of misinterpretation. They can also keep the handbook updated to reflect changes in the law, protecting the company from potential legal pitfalls.

Furthermore, a lawyer can help create a handbook customized to the business’s specific needs and circumstances. They can advise on handling sensitive topics, such as harassment and discrimination, in a manner that aligns with best legal practices.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Protect Your Business

There are many employment laws you need to follow. For legal help with getting a compliant handbook and policies, speak with our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule a consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

The Top 3 Mistakes Employers Make That Lead to Employment Lawsuits

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help You Prevent Employment Lawsuits

As a small business owner, you are likely juggling many responsibilities. One of the most important aspects of running a successful business is managing your employees effectively and within the boundaries of the law. Unfortunately, many small business owners unknowingly make mistakes that can lead to costly employment lawsuits.

Mishandling Employee Classification

One of the most common mistakes employers make is improperly classifying their employees, which can lead to wage and hour laws violations. There are two primary classifications: exempt and non-exempt employees. Exempt employees are not eligible for overtime pay, while non-exempt employees must be paid overtime for any hours worked over 40 in a workweek.

Misclassifying employees can lead to significant financial penalties for employers. If an employee is incorrectly classified as exempt, they may be entitled to overtime pay for all hours worked over 40 in a workweek. This can result in substantial back pay, fines, and penalties for the employer.

To avoid misclassification, it is essential to familiarize yourself with the criteria for exempt and non-exempt employees under the Fair Labor Standards Act (FLSA). The FLSA provides specific tests to determine if an employee qualifies as exempt based on salary, job duties, and responsibilities. If you are unsure about an employee’s classification, consult with legal counsel to ensure compliance with the law.

Additionally, regularly review and update your employee classifications as job duties and responsibilities change. Ensuring proper classification from the outset and consistently monitoring it can help prevent costly litigation.

Failing to Comply With Anti-Discrimination Laws

Employment discrimination lawsuits are another common legal issue for small businesses. Employers must comply with various anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).

Failing to comply with these laws can lead to costly and time-consuming litigation. Discrimination claims can result in substantial damages, including back pay, compensatory damages, and punitive damages. Moreover, defending against these claims can severely damage a company’s reputation and employee morale.

It is essential to create and enforce a clear anti-discrimination policy to prevent discrimination claims. This policy should outline the company’s commitment to equal opportunity and prohibit discrimination based on race, color, religion, sex, national origin, age, disability, or other protected characteristics.

Additionally, provide regular training on anti-discrimination laws and your company’s policies to all employees, including managers and supervisors. This will help ensure everyone understands their rights and responsibilities under the law.

Finally, promptly investigate and address any complaints of discrimination. Taking appropriate action when a complaint arises can help prevent escalation and potential litigation.

Ignoring Employee Complaints

Employee complaints, whether about harassment, discrimination, or workplace safety, should never be ignored. Failing to address these concerns can lead to legal liability and a hostile work environment.

Ignoring employee complaints can result in a hostile work environment, which may lead to lawsuits alleging harassment or discrimination. Additionally, failing to address workplace safety concerns can result in violations of the Occupational Safety and Health Administration (OSHA) regulations, leading to fines and penalties.

Establish a straightforward process for employees to report complaints and concerns. This process should include multiple avenues for reporting, such as a designated HR representative or an anonymous hotline.

Take all complaints seriously and conduct a thorough investigation. If the investigation reveals any wrongdoing, take appropriate action to remedy the situation, such as disciplining the offending party or implementing new workplace policies.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help You Prevent Employment Lawsuits

You cannot stop anyone from suing you, but you can take proactive steps to reduce the likelihood that a lawsuit against your company will be successful. To create a plan for your business, speak with our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. about your options. Call us at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we proudly serve clients in Pennsylvania and New Jersey.