Changes to Wage and Hour Laws that are Likely to Affect Your Business

Times, they are a changing …

So many of you have heard that changes were coming to wage and hour laws. We are now one step closer to those changes. The Department of Labor (“DOL”) has issued the new “Proposed rule and request for comments,” and the proposed changes are about what we expected.

For more information about the new laws, click here.

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New Texting and Driving Decision in Delaware

A recent case in the state of Delaware adds to the growing body of case law interpreting state statutes banning the use of cell phones and other hand-held electronic devices while driving. In Johnson v. Nelson, 2015 Del. Super. LEXIS 224, decided on April 29, 2015, the trial court determined that the mere presence of a cell phone in a vehicle next to the driver is insufficient to establish that the driver was in fact using the cell phone just before or during an accident – particularly when the cell phone records establish that the last text sent from the phone was sent over a minute and a half prior to the accident.

According to the most recent data published by the National Highway Traffic Safety Administration, from 2004 to 2012 the percentage of drivers holding cell phones to their ear while driving hovered between five and six percent – despite increasing national and state campaigns from several different entities to decrease the use of cell phones (both texting and talking) while driving. That amounted to approximately 660,000 people at any moment of the daytime hours driving while using a cell phone.

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William R. Adams

  William R. Adams

Post-Production Costs Are Assessed When Title Passes

Why Does My Website Need Terms of Use and a Privacy Policy?

United States Magistrate Judge for the U.S. District Court for the Western District of Pennsylvania

On June 18, 2015, United States Magistrate Judge Robert C. Mitchell issued an opinion in the case of Pollock, et al. v. Energy Corporation of America, 2:10-CV-01553 (W.D. Pa. June 18, 2015). The opinion was primarily issued to address the defendant’s motion for judgment as a matter of law or new trial and dealt with a number of procedural issues; however, Judge Mitchell strongly addressed the issue of what costs can be deducted from a landowner’s royalty.

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Larry A. Silverman

Larry A. Silverman

“Doing business online is not like a traditional brick-and-mortar business.” “The internet is the Wild Wild West. Anything goes, so why does my website need ‘Terms of Use’ and a ‘Privacy Policy.’ " As counsel for a number of small to mid-size companies and non-profits, I regularly hear some variation of these statements.

Let’s begin with what should be obvious. Nearly all companies and non-profits conduct at least some business online.

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