Successful Defense Against Collective Action Filed

Ethan O’Shea, Chair of the HRMM&L Employment Group, recently defended a small service company in a collective action filed by a group of former employees in federal court under the Fair Labor Standards Act for alleged unpaid overtime wages. Mr. O’Shea counseled his client with regard to the requirements of the FLSA, and specifically the Motor Carrier exemption, and was able to successfully negotiate a favorable settlement before the court could certify a collective action and before significant legal fees were incurred litigating the case. During the course of his representation Mr. O’Shea also counseled the employer with regard to various employee classification issues in order to avoid future legal entanglements.

Questions Every Business Must Ask

Q. Has your business recently reviewed its legal structure to determine whether it is set up in the most advantageous manner for legal and tax purposes, considering recent developments and changes in the law?

Q. Do the owners of your business have a current, updated buy-sell agreement which controls how ownership interests in the business are to be transferred in the event of an owner’s death, disability or termination of employment?

Q. Have the owners of your business developed a succession plan to define how ownership and authority will transition upon the death or retirement of the present owners?

Latest News & Events

Selling Your Business: Resolve Major Issues Early In The Process

The letter of intent often kicks the can down the road with respect to key terms that will be negotiated in the formal purchase agreement. Frequently, the parties do not realize there are major points of disagreement until the first agreement draft is circulated. For this reason, the seller should push the buyer to produce… Read more »

Investments In Qualified Opportunity Zones Can Provide Significant Tax Benefits

by Jonathan Samel, Esquire The Federal Tax Cuts and Jobs Act (the “Act”), which became effective on January 1, 2018, created Qualified Opportunity Zones (QOZs) as a tool for promoting long-term investments in low-income communities. Through this program, investors are provided significant tax benefits for investing in businesses and in real estate located in QOZs. … Read more »

Non-Compete Covenants in Pennsylvania

by Robert Sebia, Esq. Pursuant to Pennsylvania law, restrictive non-compete covenants are enforceable only if they are: (1) ancillary to an employment relationship between an employee and an employer; (2) supported by adequate consideration; (3) the restrictions are reasonably limited in duration and geographic extent; and (4) the restrictions are designed to protect the legitimate… Read more »