Category: Business / Employment

When is an Advance not an Advance?

Answer: When an employer is trying to recover the advance from a commissioned salesperson in a lawsuit filed in Pennsylvania and the employment agreement does not contain adequate language. The Pennsylvania Supreme Court recently held in Banks Engineering Co., Inc v. Polons that use of… Continue reading

Anatomy of a Simple Contract

If you have ever asked your lawyer to prepare a contract, you probably had occasion to think about the basic elements that comprise a formal agreement. Knowing the essential elements of a contract can save you time and money when it comes around to drafting,… Continue reading

New Developments for S Corporations

This past summer Congress passed and President Clinton signed the Small Business Job Protection Act. The Act contains a number of changes to the rules relating to Subchapter S corporations. Many of the changes permit increased utilization of S corporations and broaden the flexibility in… Continue reading

Wage Payment and Collection Law

Many people are not aware of the Pennsylvania Wage Payment and Collection Law (“WPCL”). The Law provides powerful remedies for those who have not been paid wages otherwise due. Wages include all earnings of an employee regardless of whether determined on a time, task, piece,… Continue reading

Federal Minimum Wage Raised

President Clinton signed the Small Business Job Protection Act on August 20, 1996. Among other things, this bill raised the federal minimum wage from $4.25 to $4.75 per hour effective October 1, 1996 and to $5.15 per hour effective September 1, 1997.The bill also created… Continue reading

Seven Reasons to Incorporate

We set up scores of new businesses each year, most of which are incorporated. While there are sometimes good reasons not to incorporate, such as businesses whose primary purpose is ownership of real estate, here are seven reasons why setting your business up as a… Continue reading

Signing Papers for a Corporation

One of the advantages of doing business in the corporate form is limited liability – as a general matter, liability for contracts and damage claims is limited to the assets of the corporation, thereby shielding the assets of its shareholders from such claims. If you… Continue reading

Employee Handbooks

Owners of small to mid-sized businesses often ask whether they should have an employee handbook. The benefits of a well-written handbook are many.While there is no law that says you have to have one, failure to have a handbook leaves an employer open to potential… Continue reading

Business Entities – – Some New Options

The law recognizes two types of persons: the natural kind, like you and me who eat three meals a day, sleep through alarm clocks, etc.; and the artificial kind which are legal entities created to perform a specific task. Imagine our economy without corporations, partnerships,… Continue reading

Should You Incorporate Your Business?

Last year, we brought you an article entitled “Seven Reasons to Incorporate” in which we described some of the basic reasons that favor incorporation of a small business. Since then, we have received many calls and follow-up questions on the subject, prompting us to revisit… Continue reading