Misclassification of Employees Leads to Unpaid Overtime

An employer tells it’s employee that he will be paid on a salary basis with no overtime compensation for any hours worked over forty hours because the employee is “exempt.” Is this true? Not necessarily. Under the Fair Labor Standards Act (FLSA), an employee is owed one and one half times the employee’s regular rate […]
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LHR Office Bits

LHR Office Bits Our Mission: “To provide quality and innovative legal services to our community while exemplifying honesty, integrity and respect to both our clients and co-workers.’ Introduction As the first half of a successful 2015 comes to an end, Leventry, Haschak and Rodkey, LLC (LHR) wellcomes the second half of the year with renewed […]
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Expungements

Expungements Written by Jeffrey W. Miller, Esquire Very few months pass when I do not receive a call from someone wanting to expunge an old criminal record or some public mention of a youthful indiscretion. The pervasive nature of the internet makes certain that anyone can search for records of your criminal or legal history […]
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Amended Child Abuse Reporting

On January 1, 2015, in an effort to protect children from child abuse, new child abuse reporting obligations came into effect in Pennsylvania. The new law is far reaching and effects many more individuals than the prior laws. Under the new law the following individuals, among others, are mandatory reporters of child abuse: (1) a […]
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Land Banks

In many communities in Pennsylvania, blighted and abandoned properties are a pervasive problem. Not only are these sites visually displeasing to residents and visitors alike, these places can become lairs for crime, warrens for vermin, ground zero for illnesses, dangerous playgrounds, causes for decreasing property values, deterrents for possible businesses, losses of revenue and increases […]
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#GivingTuesday, #JeansforJAHA

LHR Supports Local Non-Profit on Global Day of Giving December 2 is #GivingTuesday, a very simple idea. Consider the days leading up to #GivingTuesday — a day of thanks and two days of deals, it is only right to designate a day around the holidays for giving. Businesses, families, schools, and communities come together on […]
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Consideration for Formation of Multiple Member Limited Liability Companies (“MMLLCs”) and Family Limited Partnerships (“FLPs”) (Part 2)

Special Allocations One of the principal advantages of the partnership is the ability to make non-pro rata allocations of income, credits, losses and deductions to partners A non-pro rata allocation of income, losses, credits and deductions to partners is respected by the IRS if the allocation has substantial economic effect. Whether an allocation has substantial […]
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When Children Sue

Children who suffer personal injuries have the right to sue but can do so only through a guardian. Usually a child’s parent serves as the guardian. In a recent Pennsylvania case, a trial judge substituted a lawyer as guardian ad litem for an injured child, but on appeal the child’s mother regained the right to […]
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Tire Hauler Fined

A Pennsylvania tire hauler was held responsible for part of the costs of cleanup of an illegal dump as a result of Pennsylvania environmental regulations. The hauler paid a rural family business to accept his dumping of waste tires. Over a period of three years, the hauler dumped 55 truckloads of tires on the family’s […]
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Pedestrian Can Sue Streetlight Company

A woman struck by a car as she walked to her bus stop was given the right to take her claims against the streetlight utility company to trial. The trial judge made initial findings that the intersection where the woman was struck by the car was lit by a streetlight owned by the utility company. […]
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