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Working off the clock is when you are an hourly employee and perform work after clocking out (such as after your shift is over or during your break), before clocking in, during a meal break, or during a rest break. Working off the clock violates the federal Fair Labor Standards Act (FLSA). Employers who require or permit you to work off the clock can face a wage and hour lawsuit for back wages and other compensation. You should never work off the clock because it is illegal, because your employer is taking advantage of you, and because it’s costing you money. You should stop working off the clock if you are currently doing so. What does it mean to “work off the clock”? The definition of “working off the clock” is when you – as a non-exempt (hourly) employee – perform job duties during the time when you are not clocked in for work. If you are a non-exempt worker, you are likely paid by the hour and are protected by state and federal labor laws that guarantee you: minimum wages; overtime pay; and meal or rest breaks. In contrast, exempt workers are often (but not always) salaried employees that fall into a particular exemption to these legal protections under state and federal wage and hour laws. What are some common types of violations? Some common examples of working off the clock that violate the FLSA are: All of these examples involve performing work-related tasks without being paid to do so. Requiring employees to work off the clock violates the law. If you are a non-exempt employee who is required to work off the clock, it violates federal law. The employer may be liable for back wages, regardless of whether the employer required off-the-clock work, knew it was happening without requiring it or merely permitted the extra work. Federal and state wage laws require that you – as a non-exempt employee – be paid for all of the hours you work. You must receive at least the minimum wage for the time you spend on the job. If you work more than 40 hours in a workweek, you are entitled to overtime pay of one-and-one-half times your regular rate of pay. Both of these requirements demand an accurate tally of the hours worked. If employers are allowed to demand work after you punched the time clock or signed your timesheet, then they could avoid paying minimum wages or overtime. Importantly, it does not matter whether the employer required off-the-clock work, knew about the extra work, or merely permitted it. All of these situations violate the FLSA. Even if you volunteered to work off the clock, it can still violate the FLSA if the employer allows it to happen. Can I be fired for refusing to work off the clock? You may be afraid that your boss will fire you if you refuse to work off the clock. Your boss would be violating the FLSA. The FLSA makes it unlawful to discharge or discriminate against any employee who raises a violation of the FLSA. Employees are protected regardless of whether the complaint is made orally or in writing (we suggest that you make it in writing or confirm in writing after talking with your boss). Complaints made to the Wage and Hour Division are protected, and most courts have ruled that internal complaints to an employer are also protected. Any employee who is “discharged or in any other manner discriminated against” because, for instance, They made a complaint may file a retaliation complaint with the Wage and Hour Division or may file a private cause of action seeking appropriate remedies including, but not limited to, employment, reinstatement, lost wages and an additional equal amount as liquidated damages. Can I recover unpaid wages? Yes. If you performed work-related tasks while off the clock, you can file a wage and hour lawsuit against your employer for back pay. You can also file a complaint with the Wage and Hour Division of the Department of Labor (DOL) for violations of federal employment law. You are entitled to recover significant civil penalties for the unpaid work you have performed while off the clock. Those penalties include: up to 3 years of back wages for unpaid hours or for unpaid overtime, liquidated damages equal to those back wages, and attorneys’ fees. The combination of back wages and penalties means that you may be able to recover twice the amount that you should have been paid. You deserve to be paid. You should talk to an employment lawyer if you have worked off the clock in the last three years. The employment law attorneys at Fiffik Law Group are available for a free consultation about your situation. We’ll help you recover the wages you are due

By: Kate Sullivan Transgender or “trans” people may decide to change their legal name and/or gender marker as part of their journey to live as their authentic self. About 1.6% of the U.S. population identifies with a gender that is different from what was assigned at birth. Each state has different processes and regulations for changing gender on common identification documents. Here are a few ways Pennsylvanians can change their gender markers. Your Driver’s License The National Center for Transgender Equality gave a grade of “A+” for how transgender-friendly the driver’s license gender marker change policy is in Pennsylvania. To update your gender marker on your Pennsylvania driver’s license, you need to fill out a Request for Gender Change form DL-32 and bring it to a PennDOT Driver License Center. No proof of medical transition is required. You can also opt for a gender-neutral option on driver’s licenses for those who identify as non-binary. Your U.S. Passport You can easily change your gender marker on your passport by submitting an application (DS-5554) for your passport with the correct gender marker selected. You do not need to provide any documentation (medical or other) to change your gender, even if the gender you select on the application does not match the gender on your previous passport or other documents. Passport specialists are trained to treat transgender applicants with respect, and they need to address applicants with the right pronouns. Your Birth Certificate For those over the age of 18, you must submit to the Pennsylvania Division of Vital Records: Your birth certificate with requested changes An application for a Certified Copy of Birth Record A copy of a government-issued photo ID A check or money order for $20 A physician’s statement that you have had appropriate treatment for gender transition While Pennsylvania does require medical evidence to update your gender marker, appropriate treatment does not have to include any gender-affirming surgery. After you update your gender on your birth certificate, any other update to your gender listed on your birth certificate will require a court order. Birth Certificates for Minors For those under the age of eighteen, a parent must complete the application, but no medical documentation is required. The parent should indicate which gender should appear on the birth certificate, sign in the presence of a notary, and include a copy of the parent’s government-issued photo ID. Policy and law about gender markers is always evolving. In March 2023, Pennsylvania State Senators re-introduced a bill that would amend the Vital Statistics Law of 1953 and remove sex assigned at birth from birth certificates altogether. The bill recently has been referred to the Health & Human Services Committee in the Pennsylvania State Senate.

By: Stefanie M. Stack, Esquire, Associate Attorney You may have heard the phrase, “a son shall not suffer for the iniquity of their father,” but could the reverse and opposite of this saying really be true? That a parent (natural or adoptive) may suffer for the iniquity of their child? In short, yes. Picture it: your seven-year-old son, Tommy, just got a new baseball and baseball bat for his birthday. He’s out in the yard playing with them when his neighborhood rival, Timmy, starts teasing him from across the street. Tommy, bat and baseball in hand, tosses up the baseball and swings hoping the incoming baseball scares Timmy away. Instead, the ball goes sailing over Timmy’s head and crashes through Mr. Smith’s window. Uh-oh! Who will be responsible for the damage to Mr. Smith’s window? Under Pennsylvania law, parents can be held liable for injuries and damages caused by their children who are under the age of 18. The governing statute provides that if a child under the age of 18 is found liable of a tortious act—that is, a willful act that causes damage or injury—then it is the child’s parent(s) who will be liable to the victim who incurred injury or damage as a result of the child’s act. 23 Pa.C.S. § 5501 et. seq. An injury can include any of the following: Physical, bodily injury to a person; Theft; and Destruction or loss of property. Going back to our scenario, Tommy’s parents will be responsible for the damage to Mr. Smith’s window. But what if the baseball not only crashed through the window, but also broke Mr. Smith’s vase that was worth $20,000? Well, Tommy’s parents can breathe a brief sigh of relief. Parents of those “Terrible Twos,” “Terrifying Teens” or any age in between can rest assured that there are limits on the amount a victim can recover from you under this statute. Damages are restricted to $1,000 for any injuries suffered by one person and $2,500 for any injuries suffered by more than one person. It is important to note that just because damages are capped under this particular statute, that does not mean that a victim may not be able to recover from a child’s parent(s) through other legal methods. Therefore, it is still possible that Tommy’s parents will also be responsible for the damage to Mr. Smith’s vase. While our example with Tommy and his baseball is a relatively innocent example, you can see just how crucial it is—particularly in today’s world—to remain involved and vigilant when it comes to your children. As you now understand, parents have the legal duty to exercise the ability to control their minor children. If that legal duty is breached, you—the parent—may be liable to suffer in more ways than one for the iniquity of your minor child. Should you or someone you know ever find yourself in the position of Tommy’s parents, our team of experienced attorneys are here for you. Contact us or call (412) 391-1014.

Under longstanding Pennsylvania law, retirement savings vehicles like individual retirement accounts (IRAs), 401(k) and 403(b) accounts, pensions, and employee stock ownership plans (ESOPs) are generally exempt from creditor claims. In particular, judgment creditors are prohibited from attaching or executing upon funds in such accounts. What this means is that if a judgment is entered against you, such as unpaid credit card accounts or real estate taxes, the creditor cannot access the funds in your retirement account to satisfy the judgment. Accounts that are “inherited” do not have the same protections. Inherited Retirement Accounts Retirement account owners can and should designate beneficiaries to receive the account after death, thereby creating “inherited IRAs” owned by the beneficiaries. Inherited IRAs are subject to different rules than IRAs created during one’s lifetime. Under the 2019 SECURE Act, inherited IRAs must be drawn down within ten years of the original owner’s death unless the beneficiary is an “eligible designated beneficiary,” i.e., a surviving spouse, a disabled or chronically ill individual, an individual not more than ten years younger than the original owner, or a child of the original owner who has not reached the age of majority. If the beneficiary of the original IRA is a trust or other entity, it must be fully distributed within five years (with some exceptions, of course). Watch: Beneficiary Form Boo-Boos Vulnerable to Creditor Claims In Jones v. McGreevy, 2022 PA Super 8 (1/11/2022), a debtor owed money to creditor after failing to make payments under a purchase agreement. The creditor sued the debtor and obtained a judgment in his favor. The creditor then attempted to collect the judgment by garnishing the debtor’s various accounts, including an inherited IRA from debtor’s father. The garnishment freezes the accounts and ordered the bank to send an amount sufficient to satisfy the judgment directly to the creditor. In defense, the debtor claimed the inherited IRA could not be accessed by the creditor under Pennsylvania law. After a trial and appeal, the court agreed with the creditor and ordered the money from the IRA to be distributed to the creditor. Protect Retirement Accounts Left to your Beneficiaries In our efforts to keep up with the Joneses (or just get by during this period of economic uncertainty), debt has become a normalized part of the American lifestyle. The latest statistics show that the average American has $90,460 and that younger people are falling behind faster and going into delinquency, particularly on credit cards and auto loans. If any of your beneficiaries have debt problems or are unwise with money, you can protect them with some thoughtful planning. Trust planning: Consider establishing a trust to hold the inherited IRA assets. This can provide an additional layer of protection by placing the assets under the control of a trustee who can distribute funds to the beneficiaries according to the trust's terms. A properly drafted trust may help shield the inherited IRA assets from creditors. Name a spendthrift trust as beneficiary: If you are the original account owner and want to protect your beneficiaries' inheritance, you may be able to designate a spendthrift trust as the beneficiary of the IRA. This type of trust can limit the beneficiaries' access to the funds and provide creditor protection. Evaluate disclaiming options: In some cases, beneficiaries may choose to disclaim the inherited IRA assets. By doing so, the assets pass to contingent beneficiaries, effectively bypassing the beneficiary facing creditor claims. Consider the "Stretch IRA" strategy: Prior to 2020, beneficiaries had the option to "stretch" the required minimum distributions (RMDs) from inherited IRAs over their lifetimes. This allowed for continued tax-deferred growth and potential protection from creditors. However, the SECURE Act passed in 2019 eliminated the stretch IRA for most beneficiaries, limiting the deferral period to ten years, with some exceptions. If this could be a concern for you or someone you know, our experienced trust and estate planning attorneys are here to discuss options.

There has been a lot of buzz surrounding the potential for artificial intelligence (“AI”) tools, like ChatGPT and Bard, to replace lawyers in the future. While it’s true that AI has made great strides in recent years and can now perform some tasks previously reserved for humans, it is unlikely that AI will replace lawyers in the near future. How is AI being used today for legal issues? AI is already being used in a variety of ways to automate legal tasks and to provide legal advice. For example, AI can be used to: Draft contracts: AI can be used to draft basic contracts by analyzing large amounts of data and identifying the most common terms and conditions. AI works best for routine, low complexity agreements such as non-disclosure agreements, bills of sale, promissory notes, and others. Research legal precedent: AI can be used to research legal precedent by analyzing large amounts of case law and identifying the most relevant cases. Provide legal advice: AI can be used to provide legal advice by analyzing a client's situation and identifying the most likely outcomes. Limitations and ethical considerations While AI technologies have demonstrated considerable potential to provide legal advice to consumers, it is important to recognize their limitations and consider the ethical implications of their implementation: Lack of Human Judgment: AI systems are built on algorithms that process data and make decisions based on patterns and probabilities. However, the practice of law often requires the application of critical thinking, problem solving and human judgment, taking into account nuanced factors that may not be captured in data analysis alone. The ability to consider context, empathy, and ethics remains a crucial aspect of legal practice that AI struggles to replicate. Legal Responsibility: Holding an AI system accountable for the consequences of its actions poses a challenge. The legal profession is built on the principle of human responsibility and ethical conduct. If an AI system makes an error or produces biased outcomes, determining legal liability becomes complex and raises questions about transparency and fairness. Client Relationships: Building trust and maintaining strong client relationships are vital in the legal field. While AI can automate certain tasks, clients often seek human interaction and personalized guidance when dealing with legal matters. AI may struggle to provide the same level of empathy and understanding that clients require during challenging and emotional situations. Representation in Negotiations and Court: Lawyers will still be needed to represent clients in court proceedings, negotiations with third parties and in transactions of all kinds. One of the major problems is that technology cannot keep up with the complexities of the law. While AI can create automated responses to simple legal questions, it cannot comprehend more complex concepts or interpret case law. This lack of understanding could lead to inaccurate or incomplete advice. Moreover, there are ethical concerns about whether it is appropriate for a non-human entity (software program) to provide legal advice. Finally, there are also practical considerations, such as how data privacy and security laws apply to AI-generated content. AI’s Impact on the Legal Profession It is evident that AI technologies will continue to transform the legal profession, reshaping the roles and responsibilities of legal professionals. AI has the potential to augment and enhance the capabilities of lawyers, freeing them from mundane tasks and enabling them to focus on higher-value work. As AI evolves, legal professionals must adapt and embrace these technologies as tools to improve their practice. By leveraging AI for legal research, document analysis, and predictive analytics, lawyers can gain valuable insights, save time, and provide more accurate advice to their clients. Additionally, AI could be used to automate routine tasks such as contract review or document drafting, making legal services more accessible and affordable to those who may not have been able to afford them in the past. Will AI replace lawyers? Concluding thoughts No, lawyers will not be replaced by artificial intelligence any time soon. While AI technology can improve the efficiency of certain legal tasks, it cannot provide the same level of advice and guidance that a lawyer can. AI can help lawyers with research, discovery, content writing, and e-discovery. Still, it is not yet advanced enough to provide the legal expertise that a qualified lawyer can provide. AI tools like ChatGPT may help streamline certain processes for lawyers, but they are not a replacement for human expertise. AI may be able to process copious amounts of data quickly and accurately, but it cannot provide the same strategic advice as an experienced lawyer.

For small business owners, email newsletters can be a cost-effective and efficient way to reach customers. By keeping your customers informed about your latest products, services, and promotions, you can increase engagement, drive traffic to your website, and boost sales. Additionally, email newsletters allow you to gather valuable data about your customers, such as their interests and behaviors, which you can use to improve your marketing efforts and tailor your content to their needs. However, with so many emails flooding inboxes every day, it can be challenging to make your newsletter stand out and get noticed. Here are some tips to help you get your email newsletters read by your customers. 1. Build a targeted email list. Your email list should consist of people who are genuinely interested in your brand and what you have to offer. There are several effective strategies to build a targeted email list: Opt-in forms: Use opt-in forms on your website or landing pages to collect email addresses from visitors. Lead magnets: Offer a valuable resource in exchange for an email address. This is a great way to attract people who are interested in your niche and looking for information. Contests and giveaways: Run a contest or giveaway that requires participants to provide their email address. This can be a fun and engaging way to build your email list while also promoting your brand. Social media: Use social media to promote your email list and encourage people to sign up. You can create posts or ads that highlight the benefits of subscribing to your newsletter and include a link to your sign-up form. Networking events: Attend networking events in your industry and collect email addresses from potential customers or partners who are interested in your business. Partner with other businesses: Partner with complementary businesses and exchange email lists to reach a wider audience. Just make sure that both parties have consented to receiving emails from each other. 2. Use a compelling subject line. Your subject line is the first thing your subscribers will see, and it's crucial to make it stand out. Make sure your subject line is short, sweet, and attention-grabbing. 64% of recipients decide to open or delete emails based on subject lines, according to a recent survey from Finances Online. 3. Keep it simple and concise. Your email newsletter should be easy to read and understand. Keep your content concise and to the point. Use bullet points, subheadings, and images to break up the text and make it more scannable. 4. Provide value. Make sure your email newsletter provides value to your subscribers. Offer exclusive content, tips, and insights that they can't find elsewhere. This will keep them engaged and interested in what you have to say. 5. Personalize your email. Personalization is key to creating a connection with your subscribers. Use their name in the email, and segment your list based on their interests and behaviors. This will help you deliver more targeted and relevant content. Segmented email campaigns show 50% higher CTR than untargeted campaigns, according to a recent report from Help Scout. 6. Test and optimize. Test different elements of your email newsletter, such as subject lines, calls-to-action, and images. Use A/B testing to see what works best and optimize your content accordingly. What is A/B Testing? 7. Make it mobile-friendly. More than half of all emails are opened on mobile devices, so it's crucial to ensure your email newsletter is optimized for mobile. Use a responsive design that adjusts to the size of the screen, and keep your content short and easy to read. Mobile email opens account for 61% of all email opens, according to a recent report from Campaign Monitor. 8. Be consistent. Consistency is key when it comes to email newsletters. Stick to a regular schedule and send your newsletter at the same time each week or month. This will help your subscribers know what to expect and look forward to your content. Businesses that send regular email newsletters have a 27% higher click-through rate than those that don't, according to a recent study by Constant Contact. By following these tips, you can increase engagement and build a strong relationship with your subscribers. Subscribe to Fiffik Law Group's email newsletter.

According to the U.S. Bureau of Labor Statistics, nearly 1 in 5 businesses fail within the first year, and more than 55% of all businesses don’t survive past the fifth year. So how do you successfully launch and run your startup? We have helped hundreds of small business owners start and grow their businesses over the years. Based upon our experience, we’ve compiled five of the biggest mistakes startups and early-stage businesses make so you can avoid them when starting your own business. 1. Not Making a Business Plan Too many businesses start with an idea but without a written business plan. If you fail to plan, you are planning to fail. A startup should map out a business plan, even if it is just a few pages. Your business plan should serve as a blueprint or a roadmap for your business, detailing what the business concept is, what is expected for the business in terms of goals and objectives, and – most importantly – specifically how you will achieve those goals and objectives. Check out: Guide to Writing a Business Plan 2. Not Filing For the Proper Legal Structure Among the biggest mistakes startups make are not picking the right business entity or registering their business. The way your business is set up directly impacts its taxes, its ability to protect your personal assets from business claims and operational flexibility. If you fail to register your business, you might not even be legal to operate your business. These two steps are crucial to a business starting on the right footing, where, if not done properly, will cost valuable time and money to correct. Watch: Selecting the business entity that’s right for you 3. Trying To Do Everything Yourself A big mistake entrepreneurs make is thinking they are all alone, and they try to operate independently without surrounding themselves with wise counsel. Don’t try to run a new business by yourself. You cannot know everything necessary to start and grow your business. The time and energy expended trying to figure it all out on your own is both exhausting and takes valuable time away from working on your business. Find and onboard trustworthy seasoned advisors to discuss your business ideas, strategy, challenges and progress. Focus on three key relationships first: an attorney, an accountant and a lender. They can help you avoid crippling mistakes. 4. Partnering with the Wrong Investors Entering into a business with investors or partners can be a terrific way to combine the talents and skills needed to build a successful company. But if the partners cannot effectively work together or have different ideas about how to run the business, it can lead to damaged relationships or a failed business. If you’re thinking about taking on investors or partners, you should ask yourself if you really want a partner, what are your expectations for a partner’s contribution to the business, is your partner able to invest cash into the business and are they willing to commit in writing? Read: 8 Things to ask a prospective partner or investor 5. Skipping Over the Use of Business Contracts One of the biggest mistakes an entrepreneur can make when starting a business is the failure to implement contracts. No matter how good relationships may be, whether with customers, vendors or employees, they can come to a screeching halt when systems and agreements are not put in place. For some businesses such as home improvement contractors, the law requires that you have a written contract that contains certain terms. Contracts are also a useful tool for protecting a business’s intellectual property. Other benefits of contracts include: To ensure all parties understand what they’re agreeing to and that there’s no room for misinterpretation. Signing a contract demonstrates your commitment to the agreement and shows you are trustworthy, which helps in building strong relationships. Producing contracts shows that you are professional and responsible. Contracts are used as a reference if either party wants to check the terms at any point for guidance concerning a dispute. Contracts offer legal protection in the event of a dispute and can be used in a court of law if necessary to enforce rights and protect your interests. A clearly written agreement can help you avoid drawn-out disputes or even going to court at all, saving your business time and money. At Fiffik Law Group, P.C., our experienced business attorneys assist business owners with a variety of legal needs. Get in touch today to learn more.

Richard Carlson’s advice “Don’t Sweat the Small Stuff” has finally met its match in Pennsylvania. Pennsylvania’s new annual reporting requirements for businesses registered here give busy entrepreneurs one more task to keep track of. The consequence of missing this task is a doozy: businesses that fail to comply could end up being involuntarily dissolved. What is the Annual Reporting Requirement? Act 122 of 2022 (the “Act”) creates an annual report filing requirement for domestic and foreign business entities registered in Pennsylvania. Beginning in 2024, all entities will be required to file an annual report with the Pennsylvania Department of State – Bureau of Corporations. The stated purpose of this annual report is so that the Department has up-to-date information for each business entity registered and conducting business in Pennsylvania. The more likely reason is simply to generate additional revenue with a whopping $70 annual filing fee! The annual report must contain the following information for each entity: (1)  its name and jurisdiction of formation; (2)  the address of its registered office, if any, including street and number, if any, in Pennsylvania; (3)  the name of at least one director, member, or partner; (4)  the names and titles of the persons who are its principal officers, if any; (5)  the address of its principal office, including street and number, if any, wherever located; and (6)  its entity number or similar identifier issued by the Department. The information provided in the annual report must be current as of the date the report is delivered to the Department for filing. The annual report must also be signed by an authorized representative of the business entity. Failure to submit a report containing all the required information will result in the rejection of the filing requiring a correction. When are the reports due to be filed? The annual deadlines are as follows: Corporations: before July 1st each year Nonprofit Corporations: before July 1st each year Limited Liability Companies (LLCs): before October 1st each year All other entities: before December 31st each year What happens if a business fails to file? Businesses must file annually to stay in good standing with the Department. There is a three-year transition period before the Department can take administrative action against businesses that fail to file an annual report. Beginning in 2027, the Department has the authority to commence proceedings to administratively dissolve (for most entity types) or cancel (for certain partnership entities) a domestic business entity that has failed to file an annual report. If the Department determines that administrative dissolution or cancellation is appropriate for failure to file, the Department will deliver notice of the Department’s determination to a business entity. A business entity will have sixty (60) days to correct its failure and file an annual report. Here’s the problem: The Department will mail the notice to the last address you gave to the state for your business. Many businesses have not updated their records with the Department for many, many years. If you’ve moved and failed to provide the Department with your new address (and you’re not alone if this describes you), you run the real risk of never receiving this notice. Failure to file the annual report within sixty (60) days of the date of that notice (that you might not actually receive) will result in the Department filing a statement of administrative dissolution or cancellation for your business. What happens if the State dissolves your business? A business that has been administratively dissolved or cancelled will be required to wind up its business activities, liquidate its assets, and cease conducting business in the State of Pennsylvania. Yikes! Upon dissolution or cancellation, the business name will be made available for another business entity to register. Businesses that have been administratively dissolved or cancelled may apply for reinstatement with the Department and incur additional fees. Foreign businesses are not exempt. Beginning in 2027, the Department also has the authority to terminate the registration of a registered foreign business entity that has failed to file an annual report. “Foreign” means a business formed in a different state but registered to do business in Pennsylvania. If the Department determines that administrative termination is appropriate, the Department will deliver notice of termination to a business entity with an effective date of termination. A business will have sixty (60) days to cure the grounds for termination. If a business fails to cure the ground for termination, it will be terminated as a registered business with the Department and unable to conduct business in Pennsylvania. Upon termination, the business name will be made available for another business entity to register. Businesses that have been terminated will be required to submit a new Foreign Registration Statement and will incur additional fees. Can Fiffik Law Group assist with preparing and filing an annual report? Yes, Fiffik Law Group, PC provides a full range of services to business owners, including filing annual reports. Contact our experienced business attorneys today.

You’ve put your heart and soul into your family business, which took decades to build. Your plan is to transition it to the next generation, and you’ll want to apply that same careful planning to develop a sound family business succession plan. One part of a good succession plan is to reduce inheritance taxes imposed on the transfer of your family-owned business. Here’s some good news – Pennsylvania offers an exemption for certain family-owned businesses. A Word about Inheritance Tax Pennsylvania inheritance taxes can be substantial, particularly if the beneficiary is not a spouse, child or lineal descendent of the decedent. The tax rate is based on the relationship of the beneficiary to the decedent: 0% for spouses, 4.5% for children and grandchildren, 12% for siblings and 15% for all other beneficiaries. For a business valued at $5 million, the tax could be anywhere from $225,000 for children, to $600,000 for siblings, to $750,000 for other beneficiaries. The concern is that small, family-owned businesses are often illiquid assets of an estate, most businesses do not have that kind of cash on hand and a tax of this size could force the family to sell the business in order to pay the tax. The bill comes due fairly quickly - inheritance tax is payable within nine months from the date of death. Qualified Family-Owned Business In Pennsylvania certain “qualified” family-owned business interests to “qualified transferees” is not subject to Pennsylvania inheritance tax. Thus there are two qualifiers – the business must qualify and the persons to whom the business is transitioned must qualify. A qualified business is defined as a sole proprietorship or an interest in a business entity (such as a limited liability company, corporation or partnership) that meets the following criteria: Has fewer than 50 full-time employees; Has a net book value of less than $5 million; Has been in existence for five years prior to the decedent’s death; Is wholly owned by the decedent or in conjunction with members of the decedent’s family; and Is engaged in a trade or business that is not simply managing investments. A qualified transferee is defined as: A spouse; Lineal descendants of the decedent (e.g. children, grandchildren); Siblings of the decedent and their lineal descendants. The Tax Exemption Can be Lost The tax exemption that qualified transferees enjoy can be lost. Qualifying for the exemption is not a snapshot at the death of the decedent. In order for the business to qualify for the tax exemption, the business must continue to be owned by a qualified transferee for seven years after the decedent’s death. Transferees are obliged to report any changes to the business that would cause it to no longer qualify for the exemption, such as a sale of all or substantially of the business or its assets to a non-qualified transferee. A certification must be filed annually by each qualified transferee for the seven-year period. Failure to file the certification will result in loss of the exemption and inheritance tax will be due with accrued interest dating back to nine months after the date of the original decedent’s death. Planning To-Do List Business owners should take action to ensure their family can benefit from the tax exemption. 1. Prepare a Will or Trust. The most basic first step is to ensure that you have your estate planning documents prepared and in order. Wills and Trusts are excellent ways to accomplish this, and it should not be overlooked. Over half of Americans do not have a Will. This is an easily avoidable mistake. If you do not have a Will or Trust, you’ll be relying on the government’s Will to take care of your family – the law of intestate succession. The government’s Will may not transfer your business to qualified transferees. We’ll state the obvious – do not rely on the government’s Will to take care of your family. 2. Understand Book Value. The tax exemption applies to businesses with a book value of $5 million. This provision relates to the value of the business as a whole, not the decedent’s ownership interest in the business. The exemption is not for $5 million of value from the decedent’s estate; it is for the value of the decedent’s interest in a business that has a book value of $5 million or less. For example, if the decedent owns 50% of a business that has a book value of $10 million, the decedent’s interest is not exempt. “Book value” does not mean the fair market value of the business. Book value is an accounting concept based on the historical cost of assets owned by the business less accumulated depreciation on those assets and less liabilities. It is entirely possible for a business that owns an apartment complex with a fair market value of $10 million to have a book value of less than $5 million if the asset has been depreciated for many years. 3. Consider Restructuring Your Business. The exemption is not limited to a single business. Business owners can pass multiple businesses tax free provided each of them meets the qualifications. This means that if you have a single business that exceeds $5 million in book value, it may be possible for you to restructure your business to separate it into multiple entities that are below the book value threshold. Understanding this threshold may also inform real estate investors and developers about structuring businesses as they’re being built to keep them under the book value threshold. 4. Include Control Provisions in Governance or Estate Planning Documents. Qualifying for and keeping the exemption require that your family hold the business for seven years. You can include provisions in your business and estate planning documents that will prevent your family from selling or doing something else that would cause the exemption to be lost. You will definitely want to give your business or family the ability to avoid having non-qualified transferees become owners, such as in the event of death or divorce. Prudent planning and avoid these types of real-life issues from upending your tax savings plan. We Can Help with Succession Planning Substantial business value can pass to family members free of Pennsylvania inheritance tax. With careful planning, family-owned businesses in Pennsylvania can save hundreds of thousands of dollars. Plan your business succession strategy with help from the experienced business and estate planning attorneys at Fiffik Law Group. Contact us today.

Hope Grows is a nonprofit organization located in Moon Township, Pennsylvania that provides support to caregivers. Lisa Story founded Hope Grows in 2010 with a mission to inspire hope through nature while empowering caregivers to seek wellness of mind, body, and spirit. Hope Grows | Lisa’s Story After Lisa’s father passed away from pancreatic cancer, she turned to nature as a way of healing. Spending time outside made Lisa feel closer to her father who had always been an avid outdoorsman. “I was digging my pain into the earth and the result was healing gardens,” Lisa said. Nature made Lisa feel alive again. Hope Grows was born out of Lisa’s grief. One day while working in her garden, she turned to her husband and said, “What do you think about turning our home into an overnight respite house for caregivers?” “The name Hope Grows came to me through divine intervention,” Lisa said. “I had a dream that I was walking through a beautiful garden and saw my dad looking down at me through the rays of the sun, upon awakening, Hope Grows was spoken.” Historically, there has not been an overwhelming amount of support for caregivers in the Pittsburgh area, and Lisa recognized this need. From her epiphany, she sprang into action. Hope Grows was founded in 2010, and after seven years of services, Lisa got her home and property zoned as a bed and breakfast to make the Iris Respite House possible. “The Blue Bearded Iris symbolizes faith, hope, and caring,” Lisa said. Lisa recalls another instance of divine intervention when she learned the people who sold her the land that her home now sits was gifted to them from someone they were caring for at the end of life. To Lisa, this was more divine evidence she was following her true calling with Hope Grows. Lisa still relies on spiritual guidance and, “When an opportunity closes,” she says, “Okay Dad, show me the open window,” and something good occurs for Hope Grows. Lisa formed the board of her nonprofit, and Hope Grows officially received charity status in 2012. “My mission has always been to cultivate caregiver wellness,” Lisa said. “Nobody should end up with a chronic illness or die while they’re doing something so nurturing.” In addition to Lisa’s license as a professional counselor and certification in Thanatology, Lisa obtained her certificate in horticultural therapy. “I wanted a deeper knowledge other than, ‘I garden and it feels good,’” Lisa said. Before starting Hope Grows, Lisa worked as a mental health counselor for people in hospice and people with loved ones in hospice. She always felt a need for more support during end of life, including her father. Today, she continues counseling both caregivers and non-caregivers through her clinical practice, Root of Good Care – a Hope Grows Organization. Learn more about Root of Good Care Along with Root of Good Care, Hope Grows also partners with UPMC, Duquesne University, Robert Morris University, Chatham University, Moon Township, and many other organizations and companies. Hope Grows | Services Hope Grows offers a variety of services to support and promote caregiver wellness. They offer monthly check-in calls, tea and coffee meet ups, gardening sessions, online support groups, access to counseling, caregiver events, and, of course, the Iris Respite House. Learn more about Hope Grows Services & Events The Hope Grows blog, written by both Lisa and the horticulturist at Hope Grows, contains even more resources and content for caregivers. Read the Hope Grows Blog Ways to Support Hope Grows Volunteer Donate Shop – Coming Soon For more information, visit hopegrows.org or email info@hopegrows.org. Read about other businesses and nonprofits that Fiffik Law Group has spotlighted here.

Since announcing his dementia diagnosis, Bruce Willis and his family have been working to bring attention to those who are also dealing with this debilitating disease and how it impacts not only patients but their families. People with dementia are some of the bravest people we have ever known. Mr. Willis surely has played a bevy of brave characters during his career but this might be his toughest – and most courageous – role yet. We applaud Mr. Willis and his family’s efforts to encourage others similarly situated. While it’s important for everyone to plan for the future, legal plans are especially vital for a person diagnosed with dementia. The sooner these plans are put in place, the more likely it is that the person living with dementia will be able to participate in the process. Making legal plans in advance is important for several reasons: Early planning allows the person with dementia to be involved and express their wishes for future care and decisions. This eliminates guesswork for families, and allows for the person with dementia to designate decision makers on their behalf. Early planning also allows time to work through the complex legal and financial issues that are involved in long-term care. Legal planning should include: Making arrangements for finances and property with a Will, Trust and Power of Attorney. Naming another person to make decisions on behalf of the person with dementia with a Medical Power of Attorney or Advance Directive for Healthcare. Preparing for long-term care needs and asset protection. Power of Attorney It’s best to put a plan in place for managing finances before the person with dementia loses sufficient legal capacity to execute a power of attorney. Legal capacity is the ability to understand and appreciate the consequences of one's actions and to make rational decisions. In most cases, if a person with dementia is able to understand the meaning and importance of a given legal document, they’re likely to have the legal capacity to execute (to carry out by signing) it. As long as the person has legal capacity, they should take part in legal planning. Before a person with dementia signs any type of legal document: Discuss the document. Make sure that the person understands the document, the consequences of signing it and what they are being asked to do. Ask for medical advice. If you have concerns about the person’s ability to understand, a doctor will be able to help determine the level of their mental capacity. If the doctor agrees that capacity is there, then it’s best to have the legal document signed shortly after obtaining that doctor’s opinion. Assess existing legal documents. Even if a living will, trust and power of attorney were completed in the past, it’s important to review these documents for any changes and update as necessary. Law sometimes change giving an agent broader authority to manage a person’s finances. Perhaps the trusted advisor now is different that the person named in existing documents. Read more about Powers of Attorney Guardianship When the person with dementia no longer has legal capacity, it may be advisable to pursue the appointment of a guardian for that person. Guardianship, sometimes referred to as conservatorship, is a legal process intended to obtain legal authority to make decisions for another person. The person seeking to have a guardian appointed is called the “petitioner”. The “guardian”, who can be different than the petitioner, is appointed by the court to make decisions for the object of the guardianship proceeding. The person who is the object of the proceeding is called the protected person. Because establishing guardianship may remove considerable rights from an individual, it should only be considered after alternatives to guardianship have proven ineffective or are unavailable. What is Guardianship? Because guardianship deprives an individual of their legal rights and restricts their right to autonomy and self-determination, a guardianship order should be considered a last resort. A court must determine that there is no suitable less restrictive alternative before adjudicating a person incapacitated and appointing a guardian. Generally, guardianship should be as limited as reasonably possible to address the needs of the protected person. The court should allow the person to retain decision-making responsibility in areas where they are able to make and communicate decisions. Of course, it may become necessary to remove all of an individual’s rights and grant total responsibility to a guardian. A petitioner and court should explore and exhaust possible alternatives to guardianship before committing to the drastic act of depriving an individual of all rights. Asset Protection Long-term care is expensive. As of 2022, the average cost of nursing homecare in Pennsylvania is over $12,000 per month. Health insurance and Medicare generally don’t cover long-term care. As a result, many become concerned over how they’ll pay for nursing care in the event they need it. Will they be forced to spend all their life savings and even sell their home to pay for care? Medical assistance is available to pay for nursing care. More than seven in ten nursing home residents in Pennsylvania utilize Medicaid assistance to cover the cost of care. Unlike other forms of Medicaid assistance, recipients of Medicaid for long-term care in nursing homes must pay back the amount they receive. The State can even recover from the assets of the recipient’s estate after death. This is especially concerning for individuals hoping to leave their home to their loved ones. Although owning a home (if it’s the applicant’s primary residence) generally won’t affect eligibility to receive Medicaid, the State can recover its costs by placing a lien on the home. A common strategy to avoid a lien is to transfer title to the home to the applicant’s children before applying for assistance. While this strategy may sound simple, it comes with significant risks. The timing and means of the transfer require careful planning. Nursing Homes and Medicaid – Some Facts Over the years, our experienced Elder Law & Guardianship attorneys have successfully helped our clients navigate the world of eldercare and the planning required to be comfortable with late-life living situations. Planning for this stage of life is the most commonly overlooked and procrastinated aspect of estate planning, or life-planning in general, that we see. People often think they have all the time in the world to plan for these situations, but they sneak up on you quicker than you'd think. Contact us for a free, no obligation consultation about you or your loved one.

Injured workers can seek reimbursement for out-of-pocket costs for medical marijuana to treat work injuries according to a Pennsylvania Commonwealth Court decision handed down on March 17, 2023. The worker in question, Paul Sheetz, used medical marijuana to treat chronic pain from an old work injury. He used the drug to ween off long-term use of prescribed opioids. His employer’s insurance company denied his request to be reimbursed for the costs of the medical marijuana. The Court, ruling on the insurer’s refusal, noted that the Pennsylvania Medical Marijuana Act mandates that no medical marijuana patient can be denied any rights for lawful use of medical marijuana. The Workers Comp Act provides injured workers a right to reimbursement for medical expenses, including medical marijuana, that are reasonable and necessary to treat a work injury. This is an especially important decision for workers who have been trying to get off dangerous and expensive opioids by using medical marijuana. They should no longer be forced to pay for this treatment themselves, often out of limited fixed incomes. Workers should have a prescription from a doctor to use medical marijuana and be prepared to provide the prescription in support of a request for reimbursement. If you’ve been injured at work and need help understanding how to pursue a claim and enforce your rights to wage and medical benefits, one of our experienced Workers Compensation attorneys are ready to help. Contact us today for a free, no obligation consultation.