Articles Posted in Business Law

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 a cell phone…

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 “primary beneficiary” test which is designed to focus on the specific…

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 a link to its privacy policy on the home…

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 quite some time. The FSLA was…

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 Security Steps to Consider: Fraud and Freeze Alerts If you believe you may…

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. From now through September 17, 2017, both the new form…

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 technology, that are among the most valuable assets that need protection.…

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 compliant by May 25, 2018 or…

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 undoubtedly cheaper. However, this…

All US employers are required to use an I-9 form to verify the identity and eligibility of individuals (both citizens and non-citizens) for employment in the United States. Please take notice that effective today, January 22, 2017, there is a new I-9 form that replaces the one currently in place. You can download a copy…