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Harrisburg, PA Business Formation and Planning Law Blog

Pennsylvania judge decides Elk Mountain property dispute

Disputes with one's neighbors can be very difficult for businesses here in Pennsylvania. It is typically best for business for all of the commercial operations in a certain vicinity of each other to at least be on the same page about things. Of course, in some cases disputes do arise and this leads to litigation.

In a recent case in Susquehanna County, a private community and a ski resort got into a legal dispute regarding property lines. The property line between the two parties goes right through a body of water, and the private community and the ski resort disagreed over who controlled the water.

Can Harrisburg employers offer paid time off in lieu of overtime?

Wages and hours are very complex things for many employers in Harrisburg to manage. This is not only due to logistical reasons, but simply because there are a number of federal laws and Pennsylvania state laws that govern these matters. While laws regarding compensation do not change too often, it can be difficult for employers to ensure that they are in compliance with state and federal regulations.

One federal law regarding compensation that has remained unchanged since 1938 may soon be reformed. This week, the U.S. House of Representatives approved a bill that would change the overtime rules stipulated in the Fair Labor Standards Act.

Bogus mailing swindles Harrisburg businesses

A number of businesses in the Harrisburg area were recently swindled by a fraudulent mailing scheme, and now the federal government is trying to stop the scammer from defrauding any more businesses.

The misleading letters were sent out in early April from "Pennsylvania Corporate Compliance Co." The letters asked businesses to send $125 to a Harrisburg address as well as file an Annual Meeting Disclosure Statement. If they failed to do so, they would be in poor standing with the state, the letters said.

Survey gauges economic sentiment of Pennsylvania business owners

If you are an owner of a small or medium-sized business here in Pennsylvania and you are still feeling a bit cautious about the economy and your prospects, you are not alone. A survey conducted by PNC Financial Services Group Inc. of Pittsburgh found that the majority of small and medium-sized business owners in the state are more cautious than optimistic.

According to a report published earlier this month regarding the survey, about 43 percent of business owners who were surveyed in October said that they felt optimistic to moderately optimistic regarding the economy. In a more recent installment of the survey, 56 percent of business owners said that they felt that way. However, only 20 percent of business owners said that they are optimistic about their prospects in the coming six months.

Pa. House passes bill to increase the consequences of unemployment fraud

When an employee is discharged or quits his or her employment, the employer's involvement does not end immediately. In many cases, those former employees file unemployment compensation claims with the state of Pennsylvania following a separation from employment.

Unfortunately, unemployment applicants are not always straightforward when making their claims. At times, an applicant will provide misleading or false information in an effort to obtain benefits for which he or she is not eligible.

University of Pennsylvania files trademark lawsuit

As many business owners in Harrisburg are aware, trademarks are often an imperative part of running a business in the U.S. When companies aim to identify themselves and distinguish their products or services from those of others, companies often use trademark law to develop their brands and protect their identity.

A trademark dispute has recently arisen at the University of Pennsylvania. The university has sued a company called the Wharton Business Foundation, claiming that its use of the word "Wharton" in its branding might give consumers the false impression that its services are affiliated with the University of Pennsylvania's Wharton School. The case will hinge on this alleged trademark infringement.

Unpaid interns: Valuable experience or free labor?

Many people have worked in unpaid internship positions as one of the first steps on their career path. Historically, interns have been hired by companies who can give a student valuable insights into a specific industry or job. Oftentimes, these unpaid positions are in exchange for school credit and they serve as a great way for young people to get some professional work experience

However, the changing job market has created some challenges for companies. A number of companies are facing lawsuits by former interns who say that the roles they played as an intern warranted pay. Business owners in Pennsylvania may want to be aware of how the employment litigation is taking shape.

Pennsylvania gas drilling company settles dispute with homeowners

As many people are aware, the rise of gas drilling in the Harrisburg area has led to some controversy as well as evolving labor regulations, environmental issues, reporting requirements, real estate disputes and business and contract issues. Those who are involved in the Marcellus Shale industry often need ongoing legal guidance to remain up-to-date on regulations and legal issues.

Two Pennsylvania newspapers recently obtained details about a legal dispute between a Fort Worth based natural gas producer and a Pennsylvania family involving air and water contamination.

After years of consideration BlueCross buys adjacent property

Commercial real estate transactions can sometimes take a long time to complete here in Pennsylvania. This is because investment property ownership is very complex and it involves a number of factors that must be considered--from land values to environmental considerations to zoning laws, let alone identifying a property and negotiating the actual purchase and sales agreements. Capital BlueCross, which is based in Susquehanna Township, recently purchased a property next door to it after years of consideration.

The 50-acre tract lies at Elmerton Avenue and Martina Drive, and the health insurance company reportedly purchased it for $5.4 million, according to the Central Penn Business Journal.

American Apparel seems to prevail in sexual harassment cases

In many employment law cases here in Pennsylvania, employers are wise to attempt to resolve the case in dispute settlement mediation or arbitration. Working on such matters outside of a courtroom is generally less costly as well as less publicly damaging. Often, even when allegations are false, if it gets out into the public it may have a negative effect on business.

A great example of this involves the clothing empire American Apparel. In recent years, numerous sexual harassment claims were filed against American Apparel and its CEO. Some of the claims became public, damaging the reputation of the CEO and the company. Years later, it turns out that most of the sexual harassment claims did not materialize.

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