Search Results

I was thrilled at the lawyer’s knowledge and skill in handling my situation.  I was immediately put at ease and grateful to have the Attorney as a member of my team. Thanks, Member from South Park, PA

Thanks for your help, I’ll tell you, every corporation should operate the way you guys do! Member from Franklin, PA

Partner Michael E. Fiffik, Esquire was the keynote speaker at a recent event sponsored by Concordia Lutheran Ministries, one of the state’s largest providers of senior care, physical rehabilitation and home care services.  Concordia is accredited by the Commission on Accreditation of Rehabilitation Facilities for a wide variety of aging services.  Read more about the event.

By Michael E. Fiffik, Esquire Private mortgage insurance (PMI) protects the lender if you stop making payments on your loan. Lenders may require you to purchase PMI if your down payment is less than 20 percent of the sales price or the appraised value of the home. PMI premiums are added to your monthly mortgage payment and can be as high as $100 per $100,000 borrowed. If you’ve taken out a mortgage in the last five years, you can reduce the length of time you pay PMI by taking a few simple steps. This can save you six to twelve months of PMI payments. For most loans, you pay mortgage insurance premiums until your loan-to-value ratio (LTV) — this is simply the amount of money you borrowed divided by the value of the property you bought — hits 80 percent. For example, let’s say you bought a $100,000 home and put down 10 percent, or $10,000, and got a $90,000 loan to pay the rest. Your LTV in this case would be $90,000 divided by $100,000, or 90 percent. The longer you pay down your mortgage, the lower your LTV will become. On government loans, mortgage insurance is normally required regardless of the LTV. Lenders must give you a written statement explaining that you have PMI and when you’ll be allowed to cancel it. That statement is probably buried in the reams of paper that you didn’t have time to read but signed at your closing. Dig it out and look at it – it can save you money. Conventional Mortgage insurance rates vary — usually, the lower your down payment and/or the lower your credit score, the higher the premiums — but typically the premiums can range from $30-70 per month for every $100,000 borrowed. So, if you bought a $200,000 home, you might pay about $100 per month for mortgage insurance. On FHA loans, there is an up-front MIP (mortgage insurance premium) and annual premium which is collected monthly. VA loans have an up-front fee (funding fee) and no annual or monthly premiums. The Homeowners Protection Act of 1998 governs PMI and gives homeowners certain rights to cancel PMI payments. Once you’ve built up a certain amount of equity in the house, typically 20 percent, the mortgage insurance policy usually may be canceled. The lender usually won’t automatically cancel PMI until you’ve reached 22 percent equity based on the original appraised value of the home, but you can request cancellation at 20 percent of the current market value. You can get to 20 percent equity by paying down the principal or if there’s appreciation of your home’s value due to the market or improvements that you have made. How do you know what your home is worth? Homeowners can contact a local appraiser and ask whether they do “PMI Cancellation Consultations.” Some local appraisers will do a quick check for you for a small fee. BUT, that will only tell you if you’re in the ballpark. The good news is that most of these appraisers will credit that small fee towards the full appraisal you’ll need to cancel PMI. Expect to pay about $300 for a full appraisal. The amount you can save in PMI payments can more than make up for this fee. In order to request cancellation of your PMI payments, you must have a good payment history on the loan and submit a written request to your lender. A sample written request can look like this: Attention Customer Service: Subject: [Your loan number] [Names on loan documents] [Property and/or mailing address] This is a “qualified written request” under Section 6 of the Real Estate Settlement Procedures Act (RESPA). I am writing because: I believe that my loan-to-value ratio has reached 80 percent due to [number of payments, appreciation in value of home, etc.] Attach copies of any related written materials [such as a recent appraisal]. List a day time telephone number in case a customer service representative wishes to contact you. I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must act upon my request within 60 business days. Sincerely, [Your name] The request should not be sent with your mortgage payment. Your lender probably has a different address for correspondence not including payments. If you aren’t sure, you can check your lender’s website or call customer service. If you are a LegalShield member, we encourage you to call us for a consultation on your PMI situation. We can review and help you understand whether you are eligible to request cancellation of your PMI and submit the request on your behalf to the lender. You can initiate that request with us by calling (800) 375.3089.

By Michael E. Fiffik, Esquire The U.S. Supreme Court on Monday struck down a regulatory scheme that required home-care providers for Medicaid recipients to pay fees to a union, but declined to overturn precedent allowing public sector unions to collect fees from nonunion workers. The decision has implications for other “partial-public” employees such as day care workers whose businesses are paid with state-funded child-care vouchers given to parents who hold low-wage jobs and receive public assistance. In 2009, Gov. Pat Quinn (D-Illinois) signed an executive order that authorized the state to recognize a union for personal assistant (PA) home-care providers, even though they are not actually public employees. Most home-care providers do not work for the state but receive a subsidy through Medicaid to provide care for someone that is disabled, which in many cases is a family member. Pam Harris, a mother in northern Illinois, takes care of her son with severe intellectual and developmental disabilities and was forced into a union by Quinn’s order. Harris declined the offer to join the union and then filed a lawsuit in 2010 to avoid being forced to pay the union “agency fees” despite her decision to not join the union. In a 5-4 ruling in the case of Harris v. Quinn, the high court found in favor of Ms. Harris’ challenge to the Illinois law. The contested regulations considered home health workers “public employees” for union-organizing purposes and required them to pay “agency fees” to a union for representing their interests in front of state agencies — even those workers who were not members of the union and not actually employees of the state for any other purpose. Despite finding against the Illinois regulatory scheme, the high court’s majority stopped short of overturning precedent set in Abood v. Detroit Board of Education. In that 1977 decision, the Supreme Court had allowed public employers to require all employees — both union and nonunion workers — to pay union fees, so long as workers were not forced to pay a portion of the fees that covers ideological activities. The court makes clear that individuals not fully employed by the state (“partial-public”) cannot be forced to pay agency fees. Now states must review their employee complements to see who, if anyone, would be considered a quasi-state employee or something less than a ‘full-fledged’ state employee, as they cannot be forced to pay agency fees or dues. Monday’s ruling is also likely to spell more lawsuits contesting mandatory public-sector union fees, in part because it appears to lend judicial backing to so-called right-to-work laws, which generally prohibit forcing nonunion workers to pay union fees and which have been passed or proposed in multiple states.

I am writing in regards to the service provided by Attorney Love. He was hightly professional and made me feel very comfortable speaking with him. He listened to me intently and responded with clairty. His advice was on target. I felt bricks had been lifted from my shoulders after speaking with Attorney Love. With warm regards, Member from Pittsburgh, PA

Letters from our Members: December 27, 2013 Dear Welch, Gold, Siegel & Fiffik, P.C., I just had to drop you a note letting you know how grateful I am that you helped me in resolving my traffic incident. I am sure that things would not have gone very well without you intervening. Thank you so much and have a wonderful new year. Sincerely, Member from Pittsburgh, PA #legalshield

By Michael E. Fiffik, Esquire Warmer weather is a popular season for home improvement projects such as new floors, renovated bathrooms and larger decks. If you plan to hire a contractor to do the work, know your rights under Pennsylvania’s Home Improvement Consumer Protection Act. Your Contractor Should be Registered with the State The Act requires all home improvement contracts to be registered with the Attorney General’s office. Your contractor will have an “HIC” number if registered. You should check on your contractor here. The registry will tell you if the registration is current, list any complaints against the contractor and provide you with valuable information necessary to make a decision whether to hire this company for your project. Don’t Sign The Contract With These Items Missing The Act also requires the contractor to provide you with a written contract containing certain key terms, including: the approximate starting date and completion date for the work; a description of the work to be performed, the materials to be used and a set of specifications that cannot be changed without a written change order signed by the home owner; the total sales price due under the contract; the toll-free number of the Pennsylvania Bureau of Consumer Protection; the three-business-day notice of the right of rescission pursuant to the Pennsylvania Unfair Trade Practices and Consumer Protection Law; and cannot require a deposit of more than one-third (1/3) or less of the contract price in home improvement contracts in excess of $1,000, plus any special order materials. You must be provided a copy of the signed contract for free and cannot be required to pay any deposit until you receive the fully signed contact. Contracts that do not comply with the Act are not enforceable by the contractor. We Help Resolve Contractor Disputes We help homeowners who have disputes with contractors. Common problems include shoddy work, project delays, failure to start or complete projects, refusal to fix bad work and overcharging. In many instances the contractor has not complied with the requirements of the Act. Failure to comply with the Act can give the homeowner good defenses to a contractor’s unfair claims for payment. In addition violations of the Act constitute violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, which provides for the potential recovery of three times the consumer’s actual damages and attorneys’ fees. We can be effective advocates for homeowners in such disputes. Fiffik Law Group provides a full range of services to residential and commercial property owners. Our real estate and litigations services group consists of Michael E. Fiffik and Mathew Bole. #suingontractor #contractornotshowup #contractorlawsuits #homeimprovement #residentialconstructionproject #homeconstruction #homeimprovementdisputes #contractordisputes

WGSF Newswire:  Unpaid Wages UNPAID WAGES are a fairly common occurrence but most workers don’t know that they’ve been denied wages they are due. As many as 70% of employers fail to comply with wage and hour laws. A common example involves overtime hours worked for which the employee is not paid. Often the employer will refuse to pay those hours citing “policy” that overtime hours must be approved in advance. The worker may accept that as true and be resigned to the fact that they will never be paid for those hours. Has this every happened to you? Well that “policy” probably is not in accordance with the law. There are a number of federal and state laws regulating wage payment to employees, both hourly and salaried, the federal Fair Labor Standards Act being the most widely applicable. The FLSA affects most private and public employment. It requires employers to pay covered employees at least the federal minimum wage and overtime pay for all hours worked over 40 in a work week. Covered employees must be paid for ALL hours worked in a workweek. In general, compensable hours worked include all time an employee is on duty or at a prescribed place of work and any time that an employee is “suffered or permitted” to work. This would generally include work performed before clocking in and after clocking out, work performed at home, training, probationary periods and certain travel and waiting time. Tipped employees may be paid a lower hourly rate but only if the employee’s tips combined with the hourly wage equals the federal minimum wage. If not, the employer must make up the difference. Many wage problems begin with employers misclassifying employees as independent contractors or “management” under the mistaken belief that those workers are not entitled to overtime or other employment-related tax benefits. Employers have many incentives for misclassifying workers. Misclassified employees lose workplace protections, including the right to join a union; face an increased tax burden; receive no overtime pay; and may have no recourse for workplace injury violations and disability-related disputes. Misclassification also causes federal, state, and local governments to suffer revenue losses as employers circumvent their tax obligation. There are many misconceptions about wage and hour laws that deter employees from receiving proper pay. Here are 4 common misconceptions: 1. Salaried workers cannot receive overtime pay. Many salaried employees do not receive the proper pay simply because they and their employers are under the false assumption that the worker is rendered ineligible for overtime pay simply because the worker is paid a salary versus hourly rate. This is one from of worker misclassification that leads to unpaid wages. In order to be “exempt” from the minimum wage and overtime pay rules of the FLSA, an employee must receive at least $455 each week in salary, regardless of the number of hours worked, and must perform a significant amount of supervisory or managerial duties. 2. If I work a flat rate, then I am exempt from overtime. Any “non-exempt” employee covered by the FLSA must be paid minimum wage and overtime regardless of any fixed pay arrangement. If the total of the flat rate payments divided by the number of hours worked in that week do not add up to the minimum wage having been paid, the employer must make up the difference. 3. If my employer issues me a 1099 at the end of the year, I am exempt from overtime. It is very common for employers to believe that they can avoid paying minimum wage, overtime and payroll taxes by simply electing to pay a worker with an 1099 IRS form. This is not true and is another common example of misclassification. Whether a worker is an independent contractor depends on a variety of factors including the extent of control the employer has over the manner in which the worker performs his or her duties, whether the worker is performing work for other employers concurrently and the contractual arrangement between the worker and the employer. In most situations, the employee should not be paid with a 1099. 4. If you earn tips, you are not eligible for overtime pay. Restaurant workers are frequent victims of inaccurate pay. Tipped employees are entitled to overtime in the same manner as other non-exempt employees. There are many misunderstandings by employees and employers on proper pay of tipped employees. Tip pools are frequently used by employers to improperly reduce their cost of ensuring that tipped employees receive minimum wage. As a worker it is important to know your rights concerning your pay. You have 3 years from the date your wages were due to file an unpaid wage claim. You can review your wage payment history from prior employers and raise claims against them. Always be sure to keep track of the number of hours you perform work, whether on the clock or not, and double-check your paystubs to be sure you’re being paid for all of those hours. If you suspect that you are not receiving the correct pay, call us. Michael Fiffik, Esquire and Matthew Bole, Esquire regularly consult with employees concerning unpaid wages. They can be reached at 412.391.1014 or at mfiffik@wgsf-law.com or mbole@wgsf-law.com.

WGSF Newswire:  TRENDING: EMPLOYERS WITHOUT WORKERS COMPENSATION INSURANCE By: Michael E. Fiffik, Esquire We’re seeing a rash of employers without workers compensation insurance. Of course, these come to our attention because one of their employees suffered a work injury. Dealing with the cost and expense of a workplace injury can be devastating to both the employer and employee. If you are a new or start up business, or are expanding your current business operation to include employees, it is important to know that by state law you will be required to have workers’ compensation insurance coverage. Coverage ensures medical and wage-loss benefits to employees who are injured during the course of their job. Employers who so provide coverage are protected against lawsuits filed by injured workers. The requirement to insure workers’ compensation liability is mandatory for any employer who: • employs at least one employee who could be injured or develop a work-related disease in this state, or • could be injured outside the state if the employment is principally localized in Pennsylvania, or • could be injured outside the state, while under a contract of hire made in Pennsylvania, if the employment is not principally localized in any state, if the employment is principally localized in a state whose workers’ compensation laws do not apply, or the employment is outside the United States and Canada. UNLESS all employees are excluded from the provisions of Pennsylvania’s workers’ compensation laws. Section 305 of the Pennsylvania Workers’ Compensation Act specifies that an employer’s failure to insure its workers’ compensation liability is a criminal offense for the business owner personally and classifies each day’s violation as a separate offense, either a third-degree misdemeanor or, if intentional, a third-degree felony. Last year alone, employers convicted of non-compliance with the insurance requirement were sentenced to an average of four years’ probation and paid an average restitution to the State of $88,000. Employers are required by law to post, in a prominent and easily accessible place, at its primary place of business and at its sites of employment, a notice containing the name, address and telephone number of the appropriate party to address regarding workers’ compensation claims or to request information. Welch, Gold, Siegel & Fiffik, P.C. has attorneys with many years’ experience assisting employers with employer-related matters, including defense of workers compensation claims. Please contact Michael E. Fiffik, Esquire (mfiffik@wgsf-law.com), Deirdre Burke Moser, Esquire (dmoser@wgsf-law.com) or Matt Bole, Esquire (mbole@wgsf-law.com) via email or call 412.391.1014 to discuss your situation.

WGSF Newswire:   You choose: Questions To Ask When Selecting A Title Services Company By: Michael E. Fiffik, Esquire The Federal Real Estate Settlement Procedures Act (RESPA) allows homebuyers to choose their own title company, yet the title and closing process is bewildering to the average consumer. Even though homebuyers spend 2 to 7 percent of the cost of their home on closing costs, most are not clear about what closing costs include, who they are hiring, how much they are spending, or even why. On a $150,000 home, that’s between $3,000 and $10,500 – big money! Don’t just go with a title company that you don’t know. Real Estate agents often try to help their clients by referring homebuyers to a title company, but consumers are ultimately responsible for selecting a title insurance provider. Keep in mind, also, that there is more to selecting a title insurance provider than price alone. The quality and type of services provided by the title and closing company can make the difference between a smooth transaction and one that never makes it to the closing table. Homebuyers will want to ask the following questions of any title insurance company before agreeing to use their services: 1. Who is your client? The answer you are looking for is “you”. However, the answer usually depends on who referred the title company to you. If it was your lender, the title company will probably tell you that they represent the lender. If the title company was referred to you by your real estate agent, the answer might be the real estate agency – probably because the title company is OWNED by the real estate agency and therefore has a vested interest in closing your purchase because that’s the only way the agency earns a fee. These arrangements are legal if properly structured and disclosed. The consumer, however, is often best protected when there is no conflict of interest or financial incentive for the referral of title business. In our experience, title companies who are owned by real estate agencies are less willing to take tougher stands on certain title or closing issues (such as the real estate agencies fees) because they don’t want to derail the closing. You’re paying a lot of money for the home – you should get clear title and a closing that is to your advantage. Welch, Gold, Siegel & Fiffik, P.C. provides title services and can help you successfully close on any purchase of real estate. 2. Do you conduct thorough title searches and disclose the results to the homebuyer? Will you discuss them with the homebuyer? We can’t over-emphasize the importance of this question. It’s huge. 1 out of 4 transactions has a cloud on title at the time of the commitment. It’s imperative that homebuyers work with title companies who take the necessary steps to identify, disclose, and resolve all issues prior to closing. The American Land Title Association (ALTA), leading industry group, has identified best practices in the industry. They stressed the importance of an accurate search and solid title product (the commitment and policy). And they also spoke harshly about the growing practice by some title companies of providing “garbage exceptions,” overly broad exceptions without reference to the public records that are voiding coverage. The problem is that whether a title search has been done and the specific results of the examination of the results of that title search is not customarily disclosed to homebuyers. Most homebuyers do not understand title issues and therefore do not think to ask about it. They simply assume these are being done and unless they hear something to the contrary, the title must be “ok”. If you were about to purchase a property with a 30-foot easement along one side of your property, would you expect to know about it prior to closing? Some title companies are in fact providing commitments that do not specifically disclose encumbrances like these. As attorneys looking out for our clients’ best interests, we routinely discuss the results of our examination of the title to the property. We DO NOT accept title commitments that simply list “any and all documents of record” and “any and all easements of record” on the exceptions page. Don’t work with a title company that does not meet those best-practice standards. Some title companies exist only to capture the referral fee from the transaction; others hope to sell policies and pocket the premiums from the transaction rather than perform a thorough search and examination of the property. 3. Is my money safe? The way a title company handles its escrow funds is of utmost importance. The news stories you read are true: People do lose money as a result of incompetent, insolvent, or dishonest title and escrow companies. What internal controls, procedures, and segregation of duties do the title companies have in place to safeguard buyers’ and sellers’ funds? What procedures do they use to balance escrows? Do you know enough about this company to wire $150,000 of your own money to this company? A reputable title company will be happy to talk about their controls for protecting clients’ funds—after all, it’s their business. Welch, Gold, Siegel & Fiffik’s escrow funds are governed and protected by the Pennsylvania Lawyers Fund for Client Security. 4. Are your rates approved by the PA Department of Insurance? And, in addition to the premium you quoted me, what are your other fees and charges? Title insurance companies by law are required to file rates with the Department of Insurance and cannot discount or deviate from those rates. Buyers may be inclined to find and follow the lowest rate, but if a title insurance premium is notably lower than the market rate, this should be a red flag to look more closely at whether the company is providing customary core title and closing services. Additionally, cut-rate premiums may indicate a lack of experience, a lack of financial and accounting controls, inferior title searches and examinations, or a substandard source for property data. Shopping for the lowest premium alone can also backfire, since many title companies more than make up the difference by charging additional fees. Electronic delivery fee, overnight courier fees, cashier’s check fees, release tracking fees, wire fees, and other title company charges often add up to more than the difference between the lower premium and the market rate charged by reputable title companies. Our real estate services group consists of Deirdre Burke Moser, Esquire (dmoser@wgsf-law.com) and Michael E. Fiffik, Esquire (mfiffik@wgsf-law.com). Reach them at 412.391.1014.

WGSF Newswire:  Protect Against Employee Litigation By:  Michael E. Fiffik, Esquire Employment-related claims are increasing at a dramatic rate. More than 40,000 employment lawsuits are filed each year and well over half of them are employment discrimination complaints. In addition to these suits, the Equal Employment Opportunity Commissions (EEOC) processes over 82,000 administrative charges of disability, race, national origin, sex and other forms of discrimination annually. Here is some practical advice to protect against employee litigation. DEFINE WORK EXPECTATIONS When an employee is terminated, it should come as no surprise. Your expectations of any employee should be thought out in advance and communicated to the employee, preferably in writing. Employees must know how success will be defined and how they are doing. Spend time at least annually reviewing the employee’s performance and giving feedback. Write down the results of those meetings and have the employee acknowledge receipt of your evaluation of their performance and improvement goals. Although a small-business owner is not legally obligated to take and document progressive disciplinary measures, it is a good practice regardless of company size. In the event of a lawsuit filed by the employee, this documentation will be important evidence to substantiate the reasons for the employee’s termination or lack of promotion. TERMINATE WITH CARE At the moment of termination, an employee can feel either inflamed or treated fairly. To help ensure a less combustible situation, deliver the message face to face but keep it brief. Resist the temptation to get into a detailed discussion of the reasons for the termination. If you do not intend to contest the employee’s claim for unemployment compensation, let them know that at the time of firing. Consider offering terminated employees a severance amount that would “smooth things over” and require them to sign a release of claims to collect it. CONSIDER LIABILITY INSURANCE Premiums and deductibles are not cheap, but neither is defending a lawsuit. Defending even a simple employment claim could cost at least $20,000 and one that is more complex over $100,000. It is also crucial for small-business owners to negotiate with their underwriters for the right to select their lawyer, and for a requirement that the insurance company get the owner’s consent before settling. It is also important to seek a per-claim, not per-claimant, deductible. FOLLOW THE LETTER OF THE LAW You need not do anything wrong to be sued. But when you are facing a lawsuit, it helps to be able to prove you have done everything by the book. This includes posting all labor- and employment-related materials in the workplace that are required by state and federal governments. Employers should draft employee handbooks with assistance from a trusted employment lawyer and make sure employees sign any handbook updates. GET SERIOUS ABOUT TRAINING Even if you have only 10 employees, you should consider sponsoring regular training courses on discrimination and other workplace issues. You’ll learn a lot and hopefully your managers and employees will learn what behavior is to be avoided. The experience of our business lawyers is perhaps most effectively used by clients to avoid or minimize the risk of litigation. Our attorneys can assess risks, help you comply with complex employment laws, develop employment policies and practices and provide training to supervisory personnel. You can find more information about the services that we provide to businesses at www.wgsf-law.com. Mr. Fiffik leads the business practice of Welch, Gold, Siegel & Fiffik, P.C. He can be reached at 412.391.1014 or at mfiffik@wgsf-law.com.