Category: Business / Employment
Metadata: Unresolved Legal Issues
From calculating expenses in spreadsheets to drafting letters or agreements, computers are utilized on a daily basis by almost every business in the world. Computers have exponentially increased the efficiency and means of generating information. With such increased technology, however, comes unintended and potentially damaging… Continue reading
At Will Doctrine Challenged Once More
One of the most important concepts affecting nearly everyone who has a job other than the self-employed is that of the so-called at-will doctrine. Stated simply, unless there is a specific contract of employment which provides otherwise, an employer may terminate the employment of an… Continue reading
Trademark Searches
Before you adopt, use, or attempt to register a trademark with the U.S. Patent and Trademark Office (USPTO), it is advisable to conduct a search of the federal and state trademark registries and common law rights in unregistered trademarks and trade names to determine if… Continue reading
Can Non-Union Employee Have Co-Worker Present for Investigatory Interview?
On July 20, 2000, the National Labor Relations Board (NLRB) ruled that the right of union-represented employees to have a representative present at disciplinary interviews also extends to non-union employees. Under this ruling, an employee in a non-unionized workplace may request a co-worker’s presence at… Continue reading
Trade Secrets
Think about what gives one business the advantage over another: unique business concepts, technological innovations, customer lists, etc. These are also examples of information which the courts have found to constitute trade secrets. In fact, practically anything that gives one business an edge over its… Continue reading
Exceptions to Employment-At-Will
Most employers are aware that Pennsylvania is an “employment-at-will” state. What they may not be familiar with are the exceptions to the employment-at-will doctrine. The employment-at-will doctrine provides that, absent contractual or statutory restriction, either the employer or employee may terminate the employment relationship for… Continue reading
Employer May Not Deduct Excess Time Taken From Exempt Employees Final Paycheck
The Department of Labor recently issued an opinion letter stating that employers cannot reduce the final paychecks of exempt (executive, administrative or professional) employees who have used more vacation, sick or personal leave time than they have accrued. To do so would destroy their exempt… Continue reading
Employment of Minors
If you are considering hiring a high school student for a summer job, there are some things you should know about Pennsylvania and federal law. If the student is under 18 (unless he or she is 17 and has graduated from high school), he or… Continue reading
Is Your Business Exposed by the Internet?
With the increased use of the Internet and e-mail, employers are facing new challenges in trying to prevent workplace sexual harassment. Employees may be subjected to sexual advances through Internet or e-mail messages, and the distribution of sexually-oriented material can form the basis of a… Continue reading
The Electronic “John Hancock”
On June 30, 2000, President Clinton signed the “Electronic Signatures in Global and National Commerce Act” (the “E-Signature Act”). To effect this historic piece of legislation, the President used both a traditional pen and an electronic “smart card,” a card which contains an integrated microprocessor… Continue reading