News from 2017

Commonwealth Court Addresses Recusal Standard in RTK Cases

In Butler v. Dauphin County District Attorney’s Office, the Commonwealth Court recently clarified when judges are required to recuse themselves and whether government agencies can be required to certify documents. The case involved a RTKL request by Cleveland Butler seeking disclosure of search warrants and inventory lists issued in a criminal case against him… Read On

Supreme Court Rules Police Dash Cam Video is a Public Record

The Pennsylvania Supreme Court has ruled that the video portion of police vehicle dash cams are public records under the Right-to-Know Law (RTKL), unless some exception applies. The Supreme Court was required to evaluate, among other issues, whether the videos are exempt in their entirety as criminal investigative records. The particular videos at issue in Pennsylvania State Police v… Read On

Top 10 Right-to-Know Cases of 2016

The Pennsylvania Supreme Court, with three newly elected members, issued the most significant public records case since the enactment of the Right-to-Know Law (RTKL) in 2009. Other important issues include police videos, government contractor financial information, and judicial records. Pennsylvania State Educ. Ass’n v. Commonwealth , Dep’t of Cmty. & Econ. Dev., 148 A.3d 142 (Pa… Read On

OSHA and Post-Accident Drug Testing

In August of last year, OSHA’s new final electronic reporting rule, including provisions regarding employee involvement in reporting work-related injuries and illness, was originally scheduled to become effective. This rule required that employers establish reasonable procedures for employees to report work-related injuries and illness, and employers may not adopt procedures that deter or discourage employees from making such reports… Read On

Hot HR Issues for 2017

Congressional Review Act & Labor Laws The Congressional Review Act (“CRA”) permits lawmakers to overturn new regulations issued by federal agencies within 60 legislative days of the regulation being issued. Historically, this law has seen little use – but the new administration and Congress have employed this law to roll back several regulations enacted in the final months of the Obama administration… Read On

Philadelphia District Attorney Sanctioned for Denying Access to Public Records

The Commonwealth Court has affirmed an order of the Philadelphia Court of Common Pleas that imposed a civil penalty of $500 on the Office of the District Attorney of Philadelphia for denying access to public records in bad faith. Office of District Attorney of Philadelphia v. Bagwell, Nos. 2627, 2641 C.D. 2015, 435, 473 C.D. 2016 (Pa… Read On

Are Home Addresses Exempt from Public Disclosure?

The Pennsylvania Supreme Court recently held that individuals have a qualified right to privacy in the non-disclosure of their home addresses. Pennsylvania State Educ. Ass’n v. Commonwealth, Dep’t of Cmty. & Econ. Dev., 148 A.3d 142, 144 (Pa. 2016). The decision raises more questions than it answers. When government agencies ask whether home addresses must be publicly disclosed… Read On

Department of Labor’s New Overtime Rule – Delay and Future of New Salary Threshold

The implementation of the Department of Labor’s new overtime rule, which would have increased the Fair Labor Standards Act (“FLSA”) salary threshold for exemption from overtime pay from $23,660 to $47,476, was delayed by a preliminary injunction issued by the U.S. District Court for the Eastern District of Texas on November 22, 2016. The injunction’s immediate effect was preventing the new rule from going into effect as planned on December 1… Read On

Did You Know? Companies Must Proactively Manage Liability Protections

Many businesses have taken the smart step to incorporate as a corporation or organize as a limited liability company (LLC). Both corporations and LLCs offer liability protections to their owners. Generally speaking, in both instances, liability is limited to an owner’s investment in the entity and creditors and judgment holders cannot reach personal assets. Great! Let’s keep it that way! Read On

Four Legal Issues for Businesses to Watch in 2017

Regulatory changes and litigation trends raise several issues for both small and large businesses in Pennsylvania. While we are only a few months into 2017, there are several developing issues that businesses should be aware of this year. 1. Medical Marijuana Legalization in Pennsylvania Pennsylvania legalized the production and sale of medical marijuana in 2016, and dispensaries making medical marijuana available to patients will open throughout the Commonwealth this year… Read On