Category: Complex litigation

How can a Worker Tell if They Have Been Misclassified?

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Misclassified Workers

One of the most common forms of employer fraud comes from misclassified workers. Some unscrupulous companies decide to list workers as independent contractors, which can alter a variety of conditions and skirt some of the commonly practiced laws. If it is not resolved, it can create a slew of problems for the employee. For help with a complex litigation matter regarding misclassification, an employee should speak to a lawyer.

Independent contractors do not receive many benefits and protections compared to regular employees, such as minimum wage, overtime compensation, mandated leaves, unemployment insurance, Workers’ Compensation benefits, and safety laws. It can mean more taxes paid, including Medicare and Social Security, that would normally be shared by employers. Oftentimes the inconsistent pay means employers can pay less in wages and taxes; this actually hurts the overall workplace. Even if the worker in question is a self-owner, this can be used to avoid responsibilities and legal obligations.

There are some major questions to answer if someone should be considered an independent contractor. Some considerations include:

  • Control of the work: The more training, supervision, and guidance provided by the employer, the more likely the worker should be considered a standard employee. This is the most basic criteria.
  • Financial control: Employment conditions can rely on who is responsible for the initial investment, paying expenses, payouts, and any limits on profits. Whichever side harbors more responsibility usually determines if someone qualifies as an independent contractor. Employers often control schedules, including time off, the length of working together, and how vital the employee’s work is to the business. If a worker has little say in this matter, it makes it hard for the employer to argue that the individual is a true independent contractor.

What can an Employee Do to Resolve Misclassification?

If a worker has concerns about misclassification, it is best to go to the employer right away. They have an obligation to answer questions truthfully and thoroughly. If unsatisfied, take the case to authorities. The Internal Revenue Service (IRS) allows employees to file a form to officially determine worker classification. Usually, the IRS will get involved because it wants to know what businesses may be hiding from the tax authorities. However, this does carry the possibility of disclosure of the employee’s identity, which can lead to retaliation.

It is important to file all necessary forms. For taxes, Form 8919 will resolve any discrepancies regarding paid or unpaid Social Security or Medicare obligations not met by the employer. Filing for unemployment will spur the state to examine the relationship and see if the employee is misclassified.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Misclassified Workers

Challenging an employment classification can be confusing. It can also mean the difference between thousands of unpaid wages or overpaid taxes. Having a lawyer on your side will make a difference. Our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. know what to do to help your case. Call us today at 215-574-0600 or contact us online for an initial consultation. Based in Philadelphia, we are pleased to serve clients throughout Pennsylvania and New Jersey.

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Can Schools Require Vaccinations?

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Schools Vaccinations

With nationwide Coronavirus (COVID-19) vaccinations currently underway, schools might be adjusting their operations. However, what happens when schools insist that everyone needs to be vaccinated before they enter the buildings? Parents and teachers are looking for straightforward answers, but much will depend on where they live.

States have different vaccination requirements for their schools, and some immunizations are already mandated, such as measles, mumps, rubella, and polio. However, some experts believe that a majority of the states will require that children and staff get vaccinated. Exemptions also come into play in some states for religious, philosophical, and personal reasons.

In some states, teachers and school staff were placed on priority lists and many have already been vaccinated. Some employees may be able to obtain exemptions if mandatory vaccination requirements are enforced. The employer would possibly need to make a reasonable accommodation for the employee. Along the same lines, Title VII of the Civil Rights Act of 1964 could exempt teachers from getting vaccinated because of sincerely-held religious beliefs, observances, or practices.

Should Schools Require COVID-19 Vaccinations?

School administrators may feel that having unvaccinated students and staff members in their buildings imposes undue hardships. The Equal Employment Opportunity Commission (EEOC) previously noted that COVID-19 presents a direct threat to the health and safety of people. This could increase the likelihood of schools mandating COVID-19 vaccinations for staff and students, but more state and federal guidance is needed.

While employers and schools may be able to require the vaccine, it is not recommended, as it can open the institutions up for complex litigation. It is recommended that employers tread carefully regarding mandated vaccinations among employees.

Reopening Schools

A moan goal is to create a more effective, centralized strategy for reopening schools. For now, states and school districts may want to communicate openly with their employees and students to see how well the responses to COVID-19 related safety measures have been. Demographics, risk factors, and concerns about the vaccine could all be explored in depth before further measures are taken.

Additionally, many people are still unsure if they wanted to get vaccinated, and this could foreshadow what happens in the coming months. Also, COVID-19 vaccine-related lawsuits may be possible when employers mandate that their employees show proof that they were vaccinated in order to be permitted to return to work.

Employers can do their part to encourage employees to get vaccinated and may even be able to assist with distribution. Communicating important facts about the vaccine to employees and sharing information from the Centers for Disease Control and Prevention (CDC) can help. Some employees can also tie in the vaccine into employee wellness programs. Incentives could also be offered, which could drive up the vaccination rates.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help School Administrators, Staff, and Families Navigate COVID-19 Vaccination Requirements

Now that many people are receiving vaccinations, many are left wondering if businesses and schools will require vaccinations. If you have concerns about a COVID-19 requirement, a Philadelphia employment lawyer at Sidkoff, Pincus & Green P.C. can help. Employers should tread carefully when requiring vaccinations, and employees should understand their rights as well. For a confidential, initial consultation, complete our online form or call us at 215-574-0600. We are conveniently located in Philadelphia, and we serve clients throughout Pennsylvania and New Jersey.

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Which Employment Laws Change Frequently?

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It can be difficult for businesses to keep up with all the changes passed by Congress and state legislatures. However, there are ways to focus attention on certain areas of law and how to possibly avoid any compromising situations with company policies. The Coronavirus (COVID-19) pandemic has created a new set of challenges to businesses, some of which have come from needs for new regulations or emphasizing outdated ones. Outside of the COVID-19 pandemic, state and local governments continue to alter the following laws.

Minimum Wage

Minimum wage may be the most important law to follow. It varies greatly by state and even county in some states. The rules affect hourly and salaried workers. Exempt workers often see their salary floor adjust based on the local minimum wage. If employees travel for work or operate in multiple jurisdictions, that can also affect wages.

Paid Sick and Family Leave

Paid sick leave and family leave laws are starting to appear in different states and cities, often with different language and guarantees for employees. Many of these laws create challenges for managers and Human Resource (HR) professionals. These professionals may not correctly apply hours or unnecessarily penalize workers for opaque policies.

Legalization and Decriminalization of Recreational Marijuana

More states are now enacting or forming legislation that decriminalizes recreational cannabis. That may alter business practices of drug testing employees. While some states may legalize it, marijuana remains a controlled substance on the federal level and is illegal. Any company looking to do business with the federal government or any of its departments or entities may want to maintain restrictions until otherwise clarified. Additionally, many states have put new restrictions on what employers can ask or demand of job applicants. This can make questions about criminal background or salary history obsolete.

How can Companies Adapt to Remote Work Regulations?

Many businesses have allowed employees to work from home during the COVID-19 pandemic. While the decision has kept millions healthy and productive, the long-term ramifications are evident. Companies must still manage workers operating from home; this includes providing for all breaks, establishing consistent expectations for work output and duties, and making sure employees are in Fair Labor and Standards Act (FLSA) compliance with their work. It is important for employers to communicate clearly and consistently to reinforce expectations and policies.

While it may not be as easy to comply with labor laws, if most workers stay out of the office, there is still a mandate to meet the requirements. Employers can use websites or emails to fulfill their obligations; this can allow for active verification of receipt or engagement by employees, as well as the ability to update with ease. Companies and employees should expect working from home to continue even after the pandemic ends. Adapting to policy changes can create new expectations that can help keep employees satisfied and retain talent.

How Should Companies Adapt?

It can be very difficult to stay compliant with all changes. If businesses can afford to keep wage floors elevated across multiple jurisdictions, it may help worker retention and attract better applicants. Many multi-state companies utilize uniform policies for hiring, leave, and other areas that give the most generous options to workers. Uniform policies also reduce the amount of potential changes that come from new laws and the amount of resources spent monitoring reform efforts. For help with complex litigation matters and abiding by company policies, it is wise to consult with an employment lawyer.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Business Owners Monitor Employment Law Changes

Following various legislation while trying to run a business is challenging, but legal counsel can help. Our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. have the experience and insight necessary to keep you focused on your success. Call us at 215-574-0600 or contact us online for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and South Jersey.

What are the Legal Considerations for a New Trademark?

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Starting or growing a business comes with many legal considerations. A major component is branding the new venture with a trademark to provide identification. However, with more of the marketplace globally available, it can be challenging to find something that resonates with the business. Small business owners should not impulsively decide. Business owners should invest in researching the industry or product territory both locally and online to avoid resembling competitors.

Completing a trademark search will help identify potentially competing ideas and brands that will help the process. Having a unique last name or combining words can avoid common legal pitfalls. More common names or brands may appear if they are not directly competing in the same sector. Using an established name may create additional challenges, but it is not completely forbidden.

Check social media to see what potential competitors use with trademarks and general branding strategy. Social media platforms have become more vital in building new companies. App stores would be a good place to find brands with similar names and functions. There are also common law databases available for regional companies who entered the marketplace and have done business with a trademark but did not file nationally.

What Should Business Owners Avoid?

The following are some suggestions on what to avoid in creating a new trademark:

  • Being too similar phonetically to other trademarks.
  • Being too visually similar to other trademarks.
  • Being similar to brands with a record of challenging trademarks in court.
  • Coincide with any legal precedent that would warrant a legal challenge.

The U.S. Patent and Trademark Office has videos and other online resources to help companies avoid common mistakes in creating a trademark and expedite the approval process.

What Should Companies Do While Applying for a Trademark?

The application for a trademark will require a physical manifestation of the new mark, both in basic logo form and on apparel or marketing materials. Make sure the wording and illustration are distinctive enough to uniquely identify the brand for consumers.

Rights to a trademark go to the first company to use it in a specific field or region. However, federal registration can allow a company who does not file first to be the owner of a mark or brand name. While the process is long and costly, it may be beneficial long-term for a company to register federally. Locking in usage requirements happens when either a brand comes to market for sale, or the promotion of the brand is used through printed or digital resources. This works best for a consistently marketed or sold product or service. A trademark that is not used for about three years may lose its rights.

If applying, business owners should make sure to follow up with any questions or challenges that may be posed to try to avoid complex litigation issues. If anything arises, the legal process can take months or longer if it is not properly vetted and all procedures are followed.

Philadelphia Business Attorneys at Sidkoff, Pincus & Green P.C. Help Business Owners with Trademark Applications and Disputes

There are many considerations while forming a trademark for a new company. The U.S. Patent and Trademark Office strongly encourages using a licensed attorney with trademark law experience to help with the process. A Philadelphia business attorney at Sidkoff, Pincus & Green P.C. can help your company and defend your new trademark application. Call us at 215-574-0600 or contact us online for an initial consultation. Based in Philadelphia, we serve clients throughout Pennsylvania and South Jersey.