Newsletters
Education Law Watch – July 2020
Important Court Ruling: The “Tinker” Rule is Inapt to Off-Campus Student Speech in Pennsylvania On June 30, 2020, the Third Circuit Court of Appeals – the federal appellate court that governs cases from Pennsylvania – held in B.L. v. Mahanoy Area School District, that...
LABOR & EMPLOYMENT LAW WATCH – FEBRUARY 2020
UPDATE ON OVERTIME REGULATIONS: PENNSYLVANIA LIBERALIZES SALARY THRESHOLDS COMPARED TO RECENT FEDERAL CHANGES This follows up on our prior communications regarding changes to overtime requirements for employees. New Pennsylvania state regulations on the salaries of...
DOL Proposed Rulemaking on Overtime Exemption Salary Thresholds
DOL Proposed Rulemaking on Overtime Exemption Salary Thresholds On March 7, 2019, the U.S. Department of Labor (“DOL”) released a proposed rule updating the overtime regulations under the Fair Labor Standards Act (the “FLSA”). Unless exempt, employees covered by the...
2018 INCREASE IN SCHOOL DISTRICT BID LIMITS
2018 INCREASE IN SCHOOL DISTRICT BID LIMITS On December 23, 2017, Pennsylvania’s Department of Labor and Industry announced an increase for 2018 to the base amounts used by public school districts to determine whether competitive bidding and/or multiple price quotes...
Pennsylvania Supreme Court Rules School Employees’ Home Addresses Off-Limits under the Right-to-Know Law
Pennsylvania Supreme Court Rules School Employees’ Home Addresses Off-Limits under the Right-to-Know Law We are finally at the “end of the road” regarding litigation that commenced back in 2009 concerning whether public school employees’ home addresses must be...
Preliminary Injunction Places Temporary Hold on New Overtime Rules
Preliminary Injunction Places Temporary Hold on New Overtime Rules On November 22, 2016, Federal District Court Judge Amos Mazzant of the Eastern District of Texas, who was appointed by President Obama, issued a major defeat (at least for now) to the Obama...
Supreme Court of Pennsylvania Bans Tax Assessment Appeals Targeting Commercial Properties, but Provides Roadmap on How School Districts May Lawfully Initiate Appeals
Supreme Court of Pennsylvania Bans Tax Assessment Appeals Targeting Commercial Properties, but Provides Roadmap on How School Districts May Lawfully Initiate Appeals On July 5, 2017, the Supreme Court of Pennsylvania struck down as unconstitutional a practice by Upper...
Preliminary Injunction Places Temporary Hold on New Overtime Rules
November 28, 2016Preliminary Injunction Places Temporary Hold on New Overtime RulesOn November 22, 2016, Federal District Court Judge Amos Mazzant of the Eastern District of Texas, who was appointed by President Obama, issued a major defeat (at least for now) to the...
Pennsylvania Supreme Court Rules School Employees’ Home Addresses Off-Limits under the Right-to-Know Law
Pennsylvania Supreme Court Rules School Employees’ Home Addresses Off-Limits under the Right-to-Know LawWe are finally at the “end of the road” regarding litigation that commenced back in 2009 concerning whether public school employees’ home addresses must be produced...
Impact of New Overtime Rules on Employers
Impact of New Overtime Rules on EmployersOn May 18, 2016, the U.S. Department of Labor (DOL) released its “Final Rule” updating the overtime regulations under the Fair Labor Standards Act (FLSA). According to the Obama Administration, these changes will result in...
Recent U.S. Supreme Court Decision Applies to Freedom of Speech by Public School Employees
Recent U.S. Supreme Court Decision Applies to Freedom of Speech by Public School Employees On April 26, 2016, in Hefferman v. City of Paterson, the United States Supreme Court reversed a decision by the Court of Appeals for the Third Circuit (the federal appeals court...
DOL Releases Updated FMLA Forms
DOL Releases Updated FMLA FormsAfter extending the expiration dates several times, the U.S. Department of Labor (DOL) Wage and Hour Division has released revised versions of its Family Medical Leave Act (FMLA) forms which will expire on May 31, 2018.The revised...
Commonwealth Court continues temporary stay of its February 17 Order on school employee home addresses
Commonwealth Court continues temporary stay of its February 17 Order on school employee home addresses The saga continues! Here is a very brief summary: 1. On February 17, 2015, the Commonwealth Court entered an Order vacating its prior injunction initially issued...
DOL Updates FMLA Definition of “Spouse”
DOL Updates FMLA Definition of "Spouse" The U.S. Department of Labor (DOL) Wage and Hour division has released a Final Rule revising the definition of spouse under the FMLA, which will take effect on March 27, 2015. The change was prompted by the U.S. Supreme Court...
Commonwealth Court Stays Own Ruling on Employee Home Addresses
IMPORTANT UPDATE! Commonwealth Court Stays Own Ruling on Employee Home Addresses KKAL previously issued an Education Law Watch on the Commonwealth Court’s decision of February 17, 2015. The decision held that in response to a Right-to-Know Law (RTKL) request for...
RIGHT-TO-KNOW LAW REQUESTS FOR SCHOOL EMPLOYEE ADDRESSES
RIGHT-TO-KNOW LAW REQUESTS FOR SCHOOL EMPLOYEE ADDRESSES Pennsylvania State Education Association ex rel. Wilson v. Commonwealth, PA. Cmwlth., No. 396 M.D. 2009, decided Feb. 17, 2015 In a decision issued February 17, 2015, the Commonwealth Court decided a Right-to-...
CHILD ABUSE LEGISLATION: A Piece of the Puzzle Relating to Volunteers
CHILD ABUSE LEGISLATION: A Piece of the Puzzle Relating to Volunteers During 2013 and 2014, the Pennsylvania General Assembly enacted 21 different acts relating to child abuse. The provisions relating to volunteers are among the more challenging parts of the new...
INCREASE IN SCHOOL DISTRICT BID LIMITS
INCREASE IN SCHOOL DISTRICT BID LIMITS On December 13, 2014, Pennsylvania's Department of Labor and Industry announced a 1.7% increase to the base amounts used by public school districts to determine whether competitive bidding and/or multiple price quotes are...
ACT 164 OF 2014: New Requirements for Elected or Appointed Municipal Tax Collectors
ACT 164 OF 2014: New Requirements for Elected or Appointed Municipal Tax Collectors On October 22, 2014, Governor Corbett signed House Bill 1590, which made significant amendments to Pennsylvania law applicable to tax collectors elected or appointed to the position...
CHILD ABUSE LEGISLATION: A Crossword Puzzle of 16 New Legislative Acts
CHILD ABUSE LEGISLATION: A Crossword Puzzle of 16 New Legislative Acts Acting on recommendations from a 2012 report of the Task Force on Child Protection, the General Assembly has in piecemeal fashion adopted multiple pieces of child abuse legislation. In fact, 16...
SUPREME COURT UPDATE: ACA Contraceptive Mandate
SUPREME COURT UPDATE: ACA Contraceptive Mandate: Burwell v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. v. Burwell In a 5-4 decision this morning, the United States Supreme Court ruled that closely-held, for profit corporations, may be exempt from...
Is the Burden of Proof Shifting in Mental Injury Claims?
Is the Burden of Proof Shifting in Mental Injury Claims? A recent Pennsylvania Supreme Court case is raising concerns among employers that the burden of proof may be shifting in mental injury or stress claims, making it easier for employees to recover workers’...
Commonwealth Court Confirms School Districts Not Required to Release Records Containing District Employee Home Addresses
COMMONWEALTH COURT CONFIRMS SCHOOL DISTRICTS NOT REQUIRED TO RELEASE RECORDS CONTAINING DISTRICT EMPLOYEE HOME ADDRESSES There has been much argument in recent years concerning whether school districts are permitted or required to release the home addresses of...
ANOTHER DELAY IN EMPLOYER MANDATE TO OFFER HEALTH COVERAGE TO EMPLOYEES:
Another Delay in Employer Mandate to Offer Health Coverage to Employees: Relief for Employers with 50-99 Employees Plus New Rules and Definitions On Monday, February 10, 2014, the Internal Revenue Service issued 238 pages of final regulations for Employer Shared...
NEW LAW AUTHORIZES AUDIO SURVEILLANCE ON SCHOOL BUSES AND SCHOOL VEHICLES
New Law Authorizes Audio Surveillance On School Buses and School Vehicles On February 4, 2014, the Governor signed Act 9 of 2014, which authorizes school districts to use audio surveillance equipment to monitor school buses and school vehicles without running afoul of...
NLRB SEEKS TO CHANGE ELECTION RULES FOR THE SECOND TIME
NLRB SEEKS TO CHANGE ELECTION RULES FOR THE SECOND TIME Today, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rule Making, proposing amendments to the regulations governing the filing and processing of petitions for election under the National...
SUPREME COURT DECISION:
SUPREME COURT DECISION: Sandifer v. U.S. Steel Corp. FLSA –Donning and Doffing of Protective Clothes at the Beginning and End of Each Work Day On Monday, January 27, 2014, the Supreme Court of the United States issued a unanimous decision in Sandifer v. U.S. Steel...
INCREASE IN SCHOOL DISTRICT BID LIMITS
On December 14, 2013, Pennsylvania’s Department of Labor and Industry announced a 1.2% increase to the base amounts used by public school districts to determine whether competitive bidding and/or multiple price quotes are required under Sections 751 and 807.1 of the...
PRIVATE FACT-FINDING SESSIONS PERMITTED UNDER SUNSHINE ACT:
PRIVATE FACT-FINDING SESSIONS PERMITTED UNDER SUNSHINE ACT: Supreme Court Ruling in Smith v. Township of Richmond On December 16, 2013, in Smith v. Township of Richmond, the Pennsylvania Supreme Court confirmed that prior to decision making, school board directors and...
WORKERS’ COMPENSATION CASE LAW UPDATE: Supreme Court Opens the Door a Bit to Mental Injury Claims
Philip Payes was a seasoned (12 year) Pennsylvania State Trooper who, on the night of November 29, 2006, struck and killed a pedestrian, dressed in black, who suddenly ran in front of his patrol car, along Interstate 81. Payes circled back and parked his cruiser into...
FLEXIBLE SPENDING ACCOUNTS: IRS Amends “Use-or-Lose Rule”
On Thursday, October 31, 2013, the IRS issued Notice 2013-71 which amends the "Use-or-Lose Rule" for health flexible spending accounts. The Notice amends the cafeteria plan regulations to allow health FSA participants to carryover up to $500 in unused amounts...
AFFORDABLE CARE ACT REMINDER: Employers Must issue “Marketplace Notice” To All Employees By October 1, 2013
Pursuant to the Affordable Care Act, open enrollment for healthcare coverage through the States’ Marketplaces (or “Exchanges”) begins October 1, 2013. The purpose of the Marketplace Notice is to provide employees with certain information regarding the Marketplace. The...
After the DOMA Decision…The Department of Labor Amends the Definition of “Spouse” Under the FMLA
Did you know that the Supreme Court’s decision in U.S. v. Windsor, commonly known as the DOMA Decision, which struck down section 3 of the Defense of Marriage Act (“DOMA”), impacts who may be eligible for FMLA leave? It does! Indeed, the Department of Labor recently...
PENNSYLVANIA AMENDS BUSINESS CORPORATION AND NONPROFIT CORPORATION LAWS – ADOPTS NEW LAW GOVERNING UNINCORPORATED NONPROFIT ASSOCIATIONS
On July 9, 2013, Governor Corbett signed Act 67 of 2013, titled “GAA Amendments Act of 2013.” Act 67 provides for the expanded use of electronic media by business and nonprofit corporations to interact with shareholders, members, and directors – including the use...
PENNSYLVANIA CORPORATE LOAN TAX REPEALED
Since 1889, Pennsylvania has imposed a tax on Pennsylvania residents who make loans to corporations and other entities taxed as a corporation, if the entity is active within Pennsylvania and has a treasurer who performs duties within Pennsylvania. For example, the...
Pennsylvania Eliminates Delaware Holding Company Tax Benefits For Many But Not All
PENNSYLVANIA ELIMINATES DELAWARE HOLDING COMPANY TAX BENEFITS FOR MANY BUT NOT ALL For many years, companies nationwide have used a Delaware holding company structure to control and minimize state income taxes. Under the Delaware holding company structure, trademarks...
PPACA “Play or Pay”
PPACA “Play or Pay” Delayed Until 2015 The U.S. Treasury Department issued a news release yesterday evening announcing a one-year delay, until January 1, 2015, of the Patient Protection Affordable Care Act shared responsibility provisions that required employers with...
U.S. SUPREME COURT ISSUES TWO TITLE VII DECISIONS, FAVORABLE TO EMPLOYERS, THAT SIGNIFICANTLY IMPACT THE SCOPE OF EMPLOYER LIABILITY FOR HOSTILE ENVIRONMENT AND RETALIATION CLAIMS
U.S. SUPREME COURT ISSUES TWO TITLE VII DECISIONS, FAVORABLE TO EMPLOYERS, THAT SIGNIFICANTLY IMPACT THE SCOPE OF EMPLOYER LIABILITY FOR HOSTILE ENVIRONMENT AND RETALIATION CLAIMS On Monday, the Supreme Court of the United States issued two opinions of great...
WORKERS’ COMPENSATION CASE LAW UPDATE
WORKERS’ COMPENSATION CASE LAW UPDATE: To those of you who were able to attend the KKAL Labor and Employment Law Seminar in April 2013, we offer a hearty “thank you”. Since that time, there have been several noteworthy Workers’ Compensation cases, which we wanted to...
NEW YEAR’S DAY FISCAL CLIFF RESOLUTION
NEW YEAR'S DAY FISCAL CLIFF RESOLUTION: Estate and Gift Tax rules As everyone knows so well, late in the evening on January 1, a compromise was reached resulting in new legislation euphemistically titled the “American Taxpayer Relief Act.” The new law avoids some of...
CONSTRUCTION CONTRACTS
CONSTRUCTION CONTRACTS: New Requirement for Contractors to Use E-Verification Program The Pennsylvania Public Works Employment Verification Act was adopted in 2012, with an effective date of January 1, 2013. The Pennsylvania Department of General Services on December...
WORKERS’ COMPENSATION PENALTY CASE HELPS EMPLOYERS
Excessive Absenteeism May Constitute Willful Misconduct and Preclude the Receipt of Unemployment Compensation In a recent en banc decision, the Pennsylvania Commonwealth Court held that a pattern of excessive absenteeism and tardiness may constitute “willful...
MORE UNCERTAINTY IN UNCERTAIN TIMES – BUYING ASSETS MIGHT NOT PROTECT YOU FROM SELLER LIABILITIES
MORE UNCERTAINTY IN UNCERTAIN TIMES – BUYING ASSETS MIGHT NOT PROTECT YOU FROM SELLER LIABILITIES Conventional wisdom is that the purchaser of a corporation’s assets is not responsible for the corporation’s liabilities. Indeed, this is one of the primary reasons...
WORKERS’ COMPENSATION UPDATE:
Workers’ Compensation Update: PA Supreme Court Extends Statutory Employer Concept Beyond Typical Construction Site A truck driver employed by F. Garcia &; Sons, (FG & S) was injured while transporting a shipment of tomatoes for its customer, Six L’s, between...
U.S. SUPREME COURT: HEALTH CARE LAW CONSTITUTIONAL
This morning, the United States Supreme Court held that the Patient Protection and Affordable Care Act (PPACA) does not violate the Constitution of the United States. KKAL will be preparing a more thorough evaluation of this landmark decision. For now, we are...
STUDENT BULLYING: Time for Another Review
The tragedy of a 12 year old New Jersey student severely injured from bullying and recent $4.2 million settlement payment by the school district highlight the need for continuous review and vigorous enforcement of school district policy relating to bullying. The safe...
Youth Sports Safety: Sudden Cardiac Arrest Prevention Act
Pennsylvania Governor Corbett has signed into law HB 1610, which is now Act 59 and effective July 29, 2012. This law prescribes rules applicable to schools and designed to protect student athletes from cardiac arrest. The law directs the Pennsylvania Department...
Real Estate Tax Exemptions for Nonprofit Organizations: Recent Supreme Court Ruling Important, But Not Surprising
Thanks to a recent decision by the Supreme Court of Pennsylvania, the test to qualify for a property tax exemption as a nonprofit organization has been clarified—in a manner that is favorable to school districts and that will help narrow the group of organizations...
NLRB Ambush Election Rules Struck Down by United States District Court for the District of Columbia
Late yesterday, May 14, 2012, the United States District Court for the District of Columbia struck down the highly controversial “Ambush Election Rules” enacted by the National Labor Relations Board (NLRB) on December 16, 2011 and which went into effect only 2 weeks...
I Can Go to Jail for That? Workers’ Compensation Voluntary Resignations and How to Properly Avoid Payment of Unemployment Benefits
Within the Pennsylvania Unemployment Compensation Law, specifically, Section 701, there lies a provision which imposes criminal and financial penalties upon an Employer who requires an Employee to waive, release or commute his or her rights to compensation under...
Nothing But the Truth
In a recent decision, in the case of Walnut Street Associates, Inc. v. Brokerage Concepts, Inc., the Pennsylvania Supreme Court made it more difficult for a business to use the threat of a lawsuit for interference with contractual relations to deter competitors and...
Supreme Court Strikes Cyber Kindergarten Funding for 4 Year-Old Students
Supreme Court Strikes Cyber Kindergarten Funding for 4 Year-Old Students On November 23, 2011, in Slippery Rock Area School District v. Pennsylvania Cyber Charter School, the Pennsylvania Supreme Court held a school district that offers kindergarten to its residents...
Safety and Youth Sport Act
SAFETY AND YOUTH SPORTS ACT: Rules Applicable to Student Athlete Head Injuries Pennsylvania Governor Corbett has signed into law SB 200, which is now Act 101 and effective July 1, 2012. This law prescribes rules applicable to schools and designed to protect student...
Need to File Decennial Report This Year
Every ten (10) years, the Pennsylvania Department of State, Corporation Bureau (DOS), requires that any corporation, limited liability company, limited partnership, or other entity or association file a Decennial Report with the DOS. You may have received a notice...
ACTS 24 AND 25 OF 2011: Act 1 Exception Changes/Omnibus School Code Amendment
At the end of the June legislative session, the General Assembly adopted Acts 24 and 25 implementing multiple law changes. Act 25 amended the Act 1 exception rules and the separate rules on mandatory real estate tax installment payment options. Act 24 was an omnibus...
NLRB: Employers Must Post Notice of Employee Rights Under NLRA
Yesterday, the National Labor Relations Board (NLRB) issued a new regulation requiring all private sector employers to post a notice advising employees of their rights under the National Labor Relations Act (NLRA). The new regulation becomes effective on November 14,...
Spring 2011 – Education Law Watch
Table of Contents
Proposed NLRB Rule Would Speed Up Union Election Process
Yesterday, the NLRB issued a proposed rule that would make it easier for unions to organize your workforce by shortening the time period between the filing of a petition for a secret ballot election and the election itself. The most significant proposed changes...
Archive – Labor and Employment Law Watch
Our PDF archive for our the Labor and Employment Law Watch newsletter, 2004 - 2010. Labor and Employment Law Watch - Fall 2010 U.S. Court of Appeals Addressing FSLA Overtime Pay Issue for School District Coaches and Extracurricular Activity Advisors Department of...
Archive – Education Law Watch
Our PDF archive for our the Education Law Watch newsletter, 2006 - 2009. Education Law Watch - January 2009 Act 32 Mandates New Government Entity to Implement County-Wide EIT Collection/School and Municipal Cooperation Income Tax Law Changes New Government Entity: ...
Archive – Business Law Watch
Our PDF archive for the Business Law Watch newsletter, 2006 - 2010. Business Law Watch - Spring 2010 De Facto Merger Exception to Successor Liability Doctrine Narrowed Notable Mechanics’ Lien Law Changes Cash Flow From The IRS? + Federal Worker, Homeownership and...
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