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HKQ Firm News


It’s important to have an attorney and a law firm you can trust when a legal matter arises.

“On the business side, something as seemingly innocuous as a punctuation mark can mean the difference between winning or losing a case,” says HKQ Attorney Kevin M. Walsh, Jr.  In the case of O'Connor v. Oakhurst Dairy that involved a lawsuit about overtime pay for delivery drivers, the plaintiff drivers’ duties involved the distribution of perishable foods, including milk, dairy, and other products to Oakhurst Dairy’s customers.

Under the state’s law, “An employer may not require an employee to work more than 40 hours in any one week unless 1-1/2 times the regular hourly rate is paid for all hours actually worked in excess of 40 hours in that week.” There are, however, a number of exemptions in the statute. Under one of those exemptions, the overtime provision does not apply to:

“The canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of:

(1) Agricultural produce;

(2) Meat and fish products; and

(3) Perishable foods.”

The dispute between the parties revolved around whether “packing for shipment or distribution” referred to one activity or two separate activities. The plaintiff’s attorney noted that “packing” set off a new item but “distribution” did not because all other items were gerunds. (Words ending in “ing”.) This argument, coupled with the lack of a comma after “or”, led the 1st Circuit Court to conclude that phrase in question referred to one activity. Since the drivers “distributed” but did not “pack”, they did not fall under the exemption. So, they were entitled to overtime pay. Oakhurst Dairy agreed to a $5 million settlement.

Every area of the law abounds with issues which require specialized knowledge of the law and of the court system. Without that knowledge, one can get lost in a maze of complex procedures and arcane legal terms. Prudence dictates that individuals should not represent themselves except in relatively minor civil matters involving relatively small sums of money.

Complexity of Business Law

A business owner has to take care of multiple tasks. Dealing with legal issues can be one of the most challenging tasks. As we have discussed, “minor” errors in legal documents can lead to major problems. Contracts are but one example of something simple leading to complications.

Interpreting and complying with government laws and regulations present challenges for businesses. Take for example the Americans with Disabilities Act (ADA). Its complexity is illustrated in workplace issues involving drugs and alcohol. An employer has the absolute right to fire an employee for using either substance on the job. However, the ADA does provide protection for those addicted to drugs and alcohol provided these individuals meet certain conditions.  The Family and Medical Leave Act (FMLA) and Fair Labor Standards Act (FSLA) can also be a source of confusion. 

Reading laws can leave businesses with more questions than answers. For example, do pre-offer drug tests to determine the use of illegal drugs violate the ADA? What constitutes an “equivalent position” for an employee returning from leave? When planning layoffs, what considerations do you need to take in to account for employees over the age of 40? What are the consequences of misclassifying employees as independent contractors?

Fortunately, HKQ Law can answer these and other important questions. Our Business Law Team has decades of demonstrated experience in areas such as banking and finance, creditor's rights, commercial litigation, corporate law, employment law, labor law, property tax assessment appeals, real estate, zoning and land use, and telecommunications.

To speak with a Business Law Attorney, call HKQ Law at (800)-760-1529. Find us on Facebook, Instagram and at No one will work harder for you.

About HKQ Law

Hourigan, Kluger & Quinn is considered one of the top civil litigation and commercial law firms that has had the privilege of representing more families in the courtroom than any other NEPA firm. The attorneys at HKQ Law have been honored as Super Lawyers, Best Lawyers, Best Law Firms by US News and World Report, and have received the AV Preeminent Rating by Martindale-Hubbel. HKQ Law was recently recognized for one of the top 20 Verdicts in Pennsylvania.

The firm’s Personal Injury Team, led by Attorney Joe Quinn, Jr., has won some of the largest verdicts and settlements in the region's history. The Personal Injury Team focuses on a wide array of personal injury claims and civil litigation, including medical malpractice, auto and truck accidents, aviation accidents, unsafe vehicles, dangerous or defective products, workplace injuries (worker's compensation), construction site accidents, claim denials by insurance companies, dangerous drugs, defective children's products, nursing home abuse and neglect, and falls due to unsafe conditions (slip and fall).

Attorney Joseph A Quinn, Jr. is one of only 100 attorneys in the United States (and one of only three in Pennsylvania) honored with membership in the Inner Circle of Trial Advocates, and one of only 500 attorneys worldwide chosen to be a Fellow of the International Academy of Trial Lawyers. He has been a Pennsylvania Super Lawyer every year since the program began and has been listed in The Best Lawyers in America every year since the publication was established in 1987. Best Lawyers also named him top personal injury attorney for Northeastern Pennsylvania and the Lehigh Valley. In addition, Best Lawyers, in conjunction with U.S. News & World Report, has designated HKQ a Tier 1 Best Law Firm across multiple categories in Northeastern Pennsylvania and the Lehigh Valley.

Since the inception of the firm, the Commercial / Corporate Team led by Attorney Allan Kluger has provided comprehensive, integrated legal services to many of Northeastern and Eastern Pennsylvania's largest corporations, businesses, banks, non-profits and institutions, handling matters involving labor and employment, wills, trusts and estate planning, estate administration, elder law, commercial transactions, residential and commercial real estate, zoning, land use and development, telecommunications, mediations and arbitrations, commercial litigation, title insurance, business planning and business succession, corporate/business structuring, employment discrimination law for employers, banking, creditor’s rights, finance, lender liability defense, covenants not to compete, construction law, mergers and acquisitions and other business matters.

Additional information can be found at or by calling (800) 760-1529.



As Hourigan, Kluger and Quinn addresses the concerns raised by COVID-19, the health and safety of our clients, employees and friends of the firm remain our top priority.

These are very difficult and scary times and we hope that you and your loved ones are safe and symptom free. We recognize that so many of you are understandably anxious about your health, the economic impact of this pandemic and all of the consequences of social isolation.

We also recognize that many of you are anxious about how the coronavirus is impacting the Court systems, our firm and your cases. Although all of our offices are closed, our firm has remained fully operational and we have initiated procedures that allow all of our attorneys and staff to work remotely from their homes. Each of us and our staff will respond to any emails and calls about your cases as quickly as possible.

Our Federal and State Courts have instituted significant changes in their calendars as a result of the coronavirus. Although most courthouses are closed to the public, and Hearings and Trials will be delayed for some time, there are matters that can proceed telephonically and by video. Despite these changes in the Court calendars, we are working diligently on your cases and are determined to do whatever we possibly can to assure an early and just recovery for you and your loved ones. Even under these difficult circumstances, we believe that "Nobody will work harder for you than we will."

With regard to new potential clients, we are not in a position to have an in-person new client meeting, but we will be conducting these initial meetings via phone. New potential clients should call us for a free telephone consultation at (570) 287-3000.


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