Pennsylvania Ranked 12th in Worst States to Obtain a Divorce

Posted by Pamela A. Crowther, Esquire on 3 July 2012

Forget Pennsylvania, according to Bloomberg Ranking’s analysis. For a quick divorce, New Hampshire is the place to go. Bloomberg rated the Keystone State the 12th worst state in the country as far as obstacles one might face in obtaining a divorce. As reported by on February 2, 2012, the rankings took into account obstacles to obtaining a divorce, such as filing fees, minimum separation period, minimum length of residency, minimum waiting period after filing for the divorce, and minimum number of days for the entire process (start to finish). Bloomberg’s reasoning for Pennsylvania’s low ranking was the minimum processing time of 270 days, the $270 filing fee, and the grounds for a fault divorce which include “such indignities to the innocent and injured spouse as to render that spouse’s condition intolerable and life burdensome.” The slow processing time is yet another reason to prepare for your first meeting with your divorce lawyer to address the following four topics: (1) child custody and visitation; (2) the marital home post-separation; (3) child support; and (4) marital assets and debt.

Joint-Employer Test Established by Pennsylvania Appellate Court

Posted by Bagby & Associates LLC on 3 July 2012

In a case of first impression, the Third Circuit recently created a four-part test to determine whether a company is an employer under the Fair Labor Standards Act. The issue arose in class action litigation against Enterprise Holdings, which was sued by assistant managers at Enterprise Rent-A-Car branches across the country for allegedly failing to pay overtime wages in violation of the FLSA. Rejecting the assistant managers claims, the Third Circuit established a four-prong test that focuses on how much control the alleged employer would have over the work and structure of the employment and enumerated four factors to assess this relationship: (1) Does it have authority to hire and fire?; (2) Does it have authority to promulgate work rules and assignments, and set condition of employment, including compensation, benefits and hours?; (3) Does it conduct day-to-day supervisions, including employee discipline?; and, (4) Does it control employee records, including payroll, insurance, taxed and the like? These factors are similar to those used in other circuits across the country and reflect a practical approach taken by the court. Thus, Enterprise Holdings was not found to be a joint employer with the individually owned branches of Enterprise Rent-A-Car.