News from 2013

Choosing a Community Benefit Partner

Many companies interested in giving back to their communities are seeking opportunities for charitable giving. A rewarding way to channel this giving is through the formation of a partnership between a for-profit business and a non-profit, community benefit organization. Focused giving through a partnership arrangement with a community benefit partner can provide a multitude of rewarding and productive benefits… Read On

Ambivalence Toward PA’s Right-to-Know Law is a Mistake

In 2009, the General Assembly enacted the most sweeping revisions of Pennsylvania’s Right-to-Know Law in its history. The new law created a presumption that a record in the possession of the government was public unless otherwise exempt. Millions of documents in the hands of local and state government that previously would not have been accessible by the public were now available… Read On

How to Correctly Handle Overtime and Unexcused Absences under the Fair Labor Standards Act

As part of my labor and employment practice I often advise clients on issues involving the federal Fair Labor Standards Act (“FLSA”). I have found two particular issues to be the source of frequent employer mistakes. These concern compensatory time off (“comp time”) for FLSA non-exempt employees in lieu of overtime payments and salary deductions for the unexcused absences of FLSA exempt employees.[1] The following advice is intended to help employers deal with these situations… Read On

The Affordable Care Act: How Smoking (and Quitting) Will Affect Rates

On October 1, 2013, Health Insurance Marketplaces (often referred to as “exchanges”) opened across the country.  To date, the opening of the exchanges has been the most talked about, and for that matter, argued about, aspect of the Affordable Care Act (“Act”).  As citizens consider their future options for insurance coverage they need to be aware that a limited number of factors will affect the rates they receive: age… Read On

Year End Update: Federal & State Taxes

State Taxes As we predicted in our Mid-Year Tax Update, Governor Corbett signed House Bill 465, officially known as Act 52, into law on July 9, 2013. Act 52 made some significant changes to the Pennsylvania tax code, which will affect both individuals and businesses. This Update will highlight some of the key changes by category… Read On

The Aftermath of the U.S. Supreme Court’s Decision on DOMA: Part 2

Background In July of 2013, we authored an article on the potential effects and issues that could arise following the United States Supreme Court’s decision in United States v. Windsor. At the time the original article was published, the collateral effects of the ruling were speculative; however, over the past months, various federal agencies have made decisions and offered guidance that has clarified (somewhat) how same-sex married couples will be treated under federal law… Read On

Immunity Agreements Are Not Per Se Exempt From Disclosure under the RTKL

In Coley v. Philadelphia District Attorney’s Office, No. 317 C.D. 2013 (Pa. Cmwlth. October 7, 2013), the Commonwealth Court, in an opinion by Judge Leavitt, addressed whether witness statements and an immunity agreement contained in a District Attorney’s (“DA”) file were exempt from disclosure under the RTKL.  The court held that the witness statements were exempt from disclosure… Read On

Rare Award of Attorney’s Fees in Right-to-Know Law Case Upheld by Commonwealth Court

On October 3, 2013, the Commonwealth Court issued Staub and the Citizens’ Voice v. City of Wilkes-Barre and LAG Towing, Inc., No. 2140 C.D. 2012 (Pa. Cmwlth. September 12, 2013), an Unreported Memorandum Opinion, penned by President Judge Pellegrini.  The court upheld the Luzerne County Court of Common Pleas order directing the City of Wilkes-Barre (“City”) to pay 10% of the costs the Citizens’ Voice newspaper incurred litigating its RTK request. … Read On