High Swartz - Attorneys At Law LLP

Workers’ Compensation in PA: Who Has Control Over the Work

October 11, 2017 By Thomas E. Panzer There is no bright line rule to determine the existence of an employer-employee relationship under the Pennsylvania Workers’ Compensation Act; however, the Pennsylvania Courts have created guidelines and have established certain factors to take into consideration in answering the question. The primary factor in determining whether a particular […]

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The Survivor Takes All… NOT ALWAYS

September 27, 2017 by Mary R. LaSota Married without a Will in Pennsylvania?  Do you think your surviving spouse will inherit everything?  Think Again.  For those assets that are not disposed of by Will, or by a beneficiary designation (i.e., 401(k), insurance proceeds, IRA) or by survivorship rights (i.e., tenancy by the entirety, joint tenancy […]

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Failure to pay Condo or HOA dues could lead to excessive penalty fees!

September 21, 2017 by Kevin Cornish Many individuals in Pennsylvania live in planned communities such as townhouses or condominiums.  Association dues and assessments, as well as possible penalties and fines, are regularly due from homeowners to the association.  If a homeowner fails to make payment, it could lead to liability far in excess of the […]

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Want a Judge instead of an Arbitrator?

September 6, 2017 by Donald Petrille, Jr. If you want your case heard by a Judge instead of an Arbitrator – Be sure to read those forms! The Superior Court of Pennsylvania recently decided the case of Fellerman v. PECO.  The case involved a homeowner who alleged a home inspector failed to find a rotting […]

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Hey Boss, Give Me the Tips I Earned! Not So Fast.

August 8, 2017 By James B. Shrimp There is a common misconception that an employee that works for tips – e.g., restaurant and hotel workers –  are always entitled to the tips they earn.  However, this is not true if the employer pays you at least minimum wage. Legal Background The Fair Labor Standards Act […]

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Child Care Workers’ Challenge to Firing for Reporting Abuse

July 25, 2017 By Thomas D. Rees, Esq. On May 23, 2017, the Pennsylvania Superior Court issued an important employment law decision, affecting everyone who works with children.  In Krolczyk v. Goddard Systems, Inc., ___ A.3d ___, 2017 WL 2255554 (Pa. Super. May 23, 2017), the Court allowed ex-employees to sue for wrongful discharge after […]

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Why do you need a Power of Attorney for your Child in College?

July 18, 2017 Do you have a child going off to college this fall?  Then you know it is time to start shopping for all of the dorm room essentials.  But perhaps more importantly, it is also time for them to consider a Power of Attorney.  Doctors, hospitals and even the college they are attending […]

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Can a Potential Employer ask about Salary History?

July 11, 2017 By Melanie E. Murphy Searching for a job is often a stressful and exhausting process. Applicants often find themselves filling out application after application and crossing their fingers for a call back.  Perhaps one of the most daunting questions, despite its relatively straight forward nature, is the dreaded question requesting salary at […]

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5 Things You Need to Know About Social Media and Divorce

June 20, 2017 By Melissa M. Boyd Social media is a constant presence in our lives. It has become a forum for us to catch up with friends across distances, share our triumphs large and small, and feel more connected to family. As such, social networking can be a positive experience. Yet it can be […]

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Cutting the Ties: What You Need to Know About Severance Agreements

June 13, 2017 By Melanie Murphy Separating from an employer, even in the best of circumstances, can be a stressful transition.  When the separation stems from a termination or layoff, however, the unexpected nature of the transition only serves to amplify the stress. It is at this highly stressful time that you may be faced […]

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Statute of Repose in the Context of Construction Cases

June 6, 2017 By Kevin Cornish Imagine you are a homeowner and you hire someone to perform a construction project on your house. Or, you are a contractor who performed some type of construction.  Once a job is completed, what is the maximum amount of time that Pennsylvania allow for a lawsuit to be filed […]

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A Daughter’s Plea

In Loving Memory of Christina C. Henrick (December 27, 1949-April 28, 2017) May 24, 2017 By Stephanie A. Henrick While this is extremely hard for me to write, I think it is important to share my personal experience in order to hopefully prevent others from suffering what I have just gone through. I am an […]

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Spring Cleaning Your Auto Insurance Policy: Are You Adequately Covered?

May 17, 2017 By Douglas Wayne Automobile insurance is a necessary evil.   No one likes paying for a product like auto insurance that no one wants to ever have to use.   However, the only thing worse than paying for unused automobile insurance is discovering, after an accident, that the automobile insurance you have been paying […]

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Compensatory Time Coming to a Private Employer Near You?

May 10, 2017 By James B. Shrimp Last week the U.S. House of Representatives passed House Resolution 1180, entitled the Working Families Flexibility Act of 2017 (“WFFA”). Consideration of the WFFA is now onto the Senate. The WFFA will amend the Fair Labor Standards Act to permit an employer, at the employer’s option, to provide […]

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