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Do I Have to Pay a Salaried Employee Overtime?

In Pennsylvania as elsewhere in the U.S., employees must be paid 1.5 times their regular rate for working beyond 40 hours in a single week unless they are exempt from overtime laws. This is a simple and straightforward calculation for workers who are paid hourly. But how does it apply to salaried workers and those Read More

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Is a Business-to-Business Noncompete Agreement Enforceable?

When your key employees have access to valuable and sensitive business information, you can feel safer if you require them to sign a noncompete agreement. In essence, this prohibits executives, managers and others with access to your proprietary data from using it to compete with you, whether by starting their own business or by moving Read More

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Who’s Going to Get the House in Your Divorce?

When a divorce has been filed, one of the biggest questions is often who will get the family home. Pennsylvania operates on an equitable distribution model, which means that the court will divide all assets and income earned during the marriage between the spouses. Equitable distribution is not necessarily equal, as the court will take Read More

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Can I Be Sued for Firing an At-Will Employee?

In Pennsylvania, all workers not under contract are considered to be at-will employees. This means that an organization has the right to dismiss any employee at any time for any legal reason. But the key word is “legal.” State and federal laws prohibit employment actions that have a discriminatory intent or effect based on race, Read More

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What Happens When Only One Person Wants a Divorce?

Breaking up isn’t that hard to do in Pennsylvania if both spouses agree to the split and have no financial disputes to resolve. In a divorce by mutual consent, one spouse files a complaint stating the marriage is irretrievably broken and serves it on the other spouse. Ninety days later, each spouse signs and files Read More

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When Can a Former Employee Safely Break a Noncompete Agreement?

In January 2019, a retired executive of Koppers — a global manufacturer company based in one of the most recognizable buildings in the Pittsburgh skyline — found himself sued for serving as an advisor to another company in violation of a covenant not to compete. Robert Wombles, who had been Koppers R&D vice president for Read More

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What Happens During Collaborative Divorce in Pennsylvania? 

A new law that creates a uniform standard of practice for collaborative divorce in Pennsylvania may lead to more couples using this method of dispute resolution to end their marriage amicably. While the technique has been used successfully for years, the Pennsylvania Collaborative Law Act signed by Governor Tom Wolf in 2018 established it as Read More

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How Should Pennsylvania Employers Accommodate Employees with PTSD?

Post-traumatic stress disorder (PTSD) can affect workers in a number of ways, and may strike at unexpected times. Concentration, social interaction, reading or learning may be difficult for a person with PTSD. Certain sensory triggers—including sounds, imagery and smells—can exacerbate the condition, requiring special accommodations in the workplace. Though workers and job applicants need not Read More

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Tips for Establishing Your Tech Startup in Pittsburgh

Pittsburgh is a great place for people with big ideas and the drive to make them profitable. It’s no surprise that dozens of tech startups emerge from the University of Pittsburgh, Carnegie Mellon and other area schools each year. In addition, since the city established itself as an epicenter for cutting-edge robotics, artificial intelligence and Read More

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What Rights Does a Nonbiological Parent Have During a Custody Dispute in Pennsylvania?

In May, a Pennsylvania Superior Court recognized a nonbiological lesbian mother’s right to share custody of a child born to her former partner, based in part on an informal arrangement between them. Though the ruling is a progressive interpretation of the status of nonbiological parents in same-sex relationships, it is clear that the particular facts Read More

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