Last month the Pennsylvania Supreme Court held that accessing any information from a cell phone without a warrant violates the fourth amendment to the constitution. The Fourth Amendment states in a nut shell that we shall be free from unreasonable searches and seizures. In this particular criminal case, the police powered on…
Photo: Doug Leavitt Last month the Department of Labor’s Wage and Hour Division officially rejected the 6-part test it had been using to determine if an employer who had an unpaid intern was violating the Fair Labor Standards Act (FLSA). Going forward the DOL will employ a…
Image of courthouse pillars A Delaware business client recently asked me to review his commercial privacy policy to see if his website complied with current online privacy protection requirements. Not surprisingly in this fast pace and constantly changing digital landscape – the website failed because it did not clearly provide…
Last week on October 13 the Third Circuit Court of Appeals held that an employer must pay a non-exempt employee for all rest breaks of 20 minutes or less. This is nothing new and has been the law of the land under the Fair Labor Standards Act (FLSA) for…
Typing The recent Equifax data breach has been called the worst personal data breach in history. Over 143 million people have been affected. Experts are saying that is it safer to assume you were affected and take preventative measures immediately. Data Breach Timeline Mid May – July 2017: The data…
Employment Eligibility Verification Form The I-9 form is used by employers to verify both the identity and eligibility of individuals for employment in the United States. The new form goes into effect on September 18, 2017. You can download a copy of the new I-9 form by clicking here. …
Non-Disclosure Agreements – Protect Your Employees This week I reviewed three Non-Disclosure Agreements and was surprised when two of the NDAs were silent regarding employee solicitation. Working with clients over the years I have found that in virtually every successful company, it is almost always the employees, along with the…
The General Data Protection Regulation, more commonly known as the GDPR, replaced an inconsistent country by country approach to how companies were required to handle the personal data of European Union (EU) residents. The EU Parliament approved the GDPR last month and all companies, including US companies, must be…
Potential clients frequently ask me why they should not buy contract forms online or from an office supply store. Why pay for an attorney when I can buy a legal form for a nominal fee? I understand the inclination to go online because its entirely at your convenience and it is…
The American Rule In the United States, each party is responsible for its own legal fees. This is known as the “American Rule.” In other countries, the U.K. for example, the loosing party is responsible for the winner’s legal fees. This critical difference in approach to the general legal framework explains…