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Kaminsky Law Blog
Are Live-In Homecare Workers Entitled to Overtime?
By Aubrie Linder | February 13, 2023
Our homecare clients often ask us about wage payment and overtime for their caregiver employees. The first questions we ask are “how the worker is employed?” and “are they are live-in?” This answers to these two questions guides which Fair Labor and Standards Act (“FLSA”) homecare regulations must be followed. In this post, which is […]
Non-Compete Agreement: How employers can protect their business without one?
By Anton Kaminsky | February 9, 2023
The Federal Trade Commission (FTC) has proposed a rule to ban the use of non-compete clause. It FTC’s opinion that non-compete is “a widespread and often exploitative practice that suppresses wages, hampers innovation, and blocks entrepreneurs from starting new businesses.” Having read this news, our Philadelphia, Bucks County, and Montgomery county clients and employers are […]
Avoiding a lawsuit – Are Home Care Workers Owed Overtime?
By Aubrie Linder | December 23, 2022
Recently, a potential client that owns a home care agency in Pennsylvania called our office to ask whether home care workers are owed overtime when they work more than forty (40) hours in any given week. The answer is usually yes, with a few exceptions. When advising on this question, we look at the Fair […]
What is the difference between a legal remedy and an equitable remedy?
By Rayan Quddus | December 7, 2022
When it comes to resolving legal disputes, there are two main types of remedies that a court can award: legal remedies and equitable remedies. While a legal remedy and an equitable remedy may sound similar, they are actually quite different and it’s important to understand the differences between them. When preparing to file a lawsuit, […]
What is the Corporate Veil and how can it be pierced?
By Rayan Quddus | December 6, 2022
One of the most common questions that small business owners ask is “how do I protect myself and my family from something my company does?” In Pennsylvania, the “corporate veil” typically protects individuals from the conduct of the company, unless the owners of the company do something that justifies “piercing” the corporate veil. What is […]
What is the difference between Small Claims Court, Arbitration, and Court of Common Pleas?
By Rebecca Belenky | November 7, 2022
One of the most common things we hear from our clients is, “I’m out money…what do I do?”, to which we almost always ask “How much money?” When hiring a lawyer to represent you in court, calculate your damages to know if it belongs in small claims court, arbitration, or the court of common pleas. […]
What is the Parol Evidence Rule and how does it apply to my contracts?
By Rebecca Belenky | October 21, 2022
Parol Evidence Rule In Pennsylvania, the parol evidence rule prevents outside information from being considered when a court interprets or decides a lawsuit about a written contract. This outside information can include prior conversations, documents, emails, and other forms of communication between the parties to the agreement. The thought process around the parol evidence is […]
Types of Business Entities in Pennsylvania
By Rayan Quddus | September 22, 2022
Sole Proprietorship Sole Proprietorship is a type of business entity where there is no legal distinction between the owner and the business. A sole proprietorship can be informal–without filing with the state–or formally registered as a fictitious name with the Pennsylvania Department of State (you may also need to apply for paperwork, licenses, or permits […]
Injunctive Relief and Pennsylvania’s Default Business Law – Shareholder Oppression
By Rebecca Belenky | September 21, 2022
Shareholder Oppression in Pennsylvania Emergency injunctive relief and Pennsylvania’s default business law are two important shareholder concepts and tools for an oppressed shareholder that has been frozen out of a business. When a shareholder, member, or partner has a shareholder dispute, they may not know what do or where to turn. When one partner is […]
Shareholder Oppression – Reasonable Expectations of Owning a Small Business
By Rebecca Belenky | September 1, 2022
Reasonable Expectations Defined There are many things that fall under the umbrella of shareholder oppression in Pennsylvania. The simple definition of shareholder oppression is when one shareholder uses their power to oppress or take away the rights of another shareholder in a business that they own together. In this section we will focus on the […]
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