Last week, employees at a Buffalo, New York, Starbucks voted to be represented by the Service Employees International Union (SEIU). Labor unions – and their supporters – celebrated the victory. While the vote is historic, at least for Starbucks, and could represent a wave of similar votes it poses a great risk to the labor
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Piercing the Corporate Veil in Construction Defect Cases
Plaintiffs in construction defect case are often presented with a frustrating paradox. Their claims for liability are clear. There is usually little dispute that failure to follow the building code or industry standards caused their damages. Conversely, the ability to collect for that liability is murky. The defendants in many cases are single purposes entities,…
How to Get Your Business Reopened During the COVID-19 Pandemic
The answer is very simple – take action. I have bad news for anyone who is sitting back waiting for Governors around the country to voluntarily declare the all clear – it is not happening. Unless you are prepared to remain closed for eighteen months, you have two options: litigation and grassroots action. On the…
The Pennsylvania Home Improvement Contractors Act
What is HICPA and when does it apply?
73 P.S. § 517.1, et. seq. is known as the Home Improvement Consumer Protection Act (“HICPA”). 73 P.S. § 517.1 (“This act shall be known and may be cited as the Home Improvement Consumer Protection Act.”) HICPA was enacted to regulate home improvement contracts and to prohibit…
The Finality of Arbitration Awards
You obtained an award in an arbitration. The arbitrator directed your adversary to pay. But the deadline has passed and you have not received payment. Now what? The award must be confirmed by a state or federal court so that you can use judicial execution practice to collect on the award. Under Section 9 of…
Obtaining damages against labor union
Section 303 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 187, provides a private cause of action for a party injured by a union’s conduct defined as an unfair labor practice under Section 8(b) of the National Labor Relations Act (“NLRA”), 29 U.S.C. § 158(b). Section 8(b)(4)(ii)(B) prohibits a union from inducing a…
Contesting an Upset Tax Sale
What is an upset tax sale?
Upset tax sales are the process by which Pennsylvania counties sell properties to recover unpaid real estate taxes. Upset sales occur in September each year. The properties are sold at auction.
What are the notice requirements of the upset tax sale law?
It is well settled that the statutory…
The 5 mandatory bid requirements in New Jersey
Section 23.2 of the Local Public Contracts Law list five mandatory requirements that must be submitted at the time of the bid or the bid is deemed fatally defective and unresponsive. N.J.S.A. 40A:11-23.2:
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The Pennsylvania Contractor and Subcontractor Payment Act
Background
73 P.S. § 501, et. seq. is known as the Contractor and Subcontractor Payment Act (“CASPA”) is a statute that was enacted in 1994 “to cure abuses within the building industry involving payments from contractors to subcontractors and to encourage fair dealing among the parties to a construction contract.” Zimmerman v. Harrisburg Fudd I,…
Can you get an injunction against picketing?
One of the most frequent questions I receive concerns whether you can get an injunction against a union picketing a job site. The answer, like most, is that it depends. While no doubt annoying, simply displaying infamous rat, shouting, hand billing, or walking around with banners or signs is not enough to get an injunction.…