News from 2019

The Fair Debt Collection Practices Act May be Getting an Update

On May 7, 2019, the Consumer Financial Protection Bureau issued a notice of proposed rulemaking to amend Regulation F—the implementing regulation for the Fair Debt Collection Practices Act (FDCPA). The FDCPA was passed in 1977 and has not been updated or amended in the 40 years of its existence. This is problematic, given how much technology has evolved since the Act was passed… Read On

No Poach Agreements – Revisited

Pennsylvania now has some guidance from its courts regarding the enforcement of no poach agreements within the state. The Pennsylvania Superior Court issued a decision on January 11, 2019 in Pittsburgh Logistics Systems, Inc. v. BeeMac Trucking, LLC,[1] serving as the first appellate level court within the state to address the issue of no poach agreements… Read On

What is a Fluctuating Workweek and Can Employers Use It in Pennsylvania?

Fluctuating workweek pay schedules can be beneficial for both employers and employees alike, provided they are implemented correctly. The pay schedule is under fire in Pennsylvania, however, due to the way it handles overtime compensation. A fluctuating workweek is where an employee’s weekly work schedule involves a different number of hours in any given week, but the employee still earns a set weekly salary regardless of the number of hours he or she worked… Read On

Roth IRAs for Kids – A Jumpstart for Your Child’s Long-Term Savings

Roth IRAs are traditionally thought of as a savvy investment tool for individuals looking to keep more of their money long-term in retirement. It can, however, be an equally smart tool for children (or their parents) looking to jumpstart a long-term savings plan. Roth IRAs are ideal for children since the investment has more time to grow and earn compound interest and the use of the funds is more flexible than traditional IRA savings plans… Read On

Pennsylvania’s Exploding Sales Tax Revenue from Online Sales Expected to Grow Further Due to New Law Taking Effect July 1

The Pennsylvania Department of Revenue had a nice surprise in tax collections this year. Its projection of sales tax revenue from online retail sales in the current fiscal year was $50.5 million. As of March 31, however, three-quarters through the fiscal year, revenue already surpassed $151 million. The amount of sales tax revenue collected from online sales can be expected to grow even further due to the Department’s interpretation of its expanded authority to collect tax on such sales under current law… Read On

Municipal Regulation of Short-Term Rentals

The advent of short-term rentals of vacation homes through online platforms such as AirBnb, VRBO, Home Away, and Luxury Stay have posed new challenges to municipalities in their regulation of uses in residential neighborhoods. These online home-sharing websites provide travelers with the option of staying in facilities with all of the comforts of home for short periods of time but often at a much lower cost than in motel or hotel… Read On

Through the Looking Glass: A Retrospective on the First Decade of the New Right-to-Know Law

Craig J. Staudenmaier looks back at the first ten years of Pennsylvania’s Right-to-Know Law, which took effect on January 1, 2009.  In an article appearing in the July/August edition of The Pennsylvania Lawyer, Craig explains that while the law has positively impacted transparency at all levels, it has experienced growing pains that must be addressed in order to uphold the law’s intent… Read On

Grand Jury Secrecy and the Mueller Report – What Protections Exist?

The Mueller Report made headlines across the country. Upon its release, portions of the report were redacted, sparking outrage from some of the President’s critics. Attorney General William Barr and the Department of Justice attributed his decision to withhold parts of the report on the grounds that some of it contained protected grand jury information subject to the secrecy requirements of Federal Rule of Criminal Procedure (FRCP) 6(e)… Read On

Judges on Facebook – Must They Recuse?

Given today’s interconnected world, it is bound to happen that a judge might end up Facebook friends with a litigant. It might also happen that the judge hearing your case is friends with you or your opponent. With this increasingly common reality, there are calls for judges who happen to be “friends” with a litigant to recuse themselves from hearing the case… Read On

Lawmaker Pushes Pennsylvania’s State-Related Universities to Become More Transparent

Penn State University has disclosed an annual list of its top-25 paid employees. Head football coach James Franklin tops the list and top administrators and physicians round out the remainder. What about the rest of PSU’s employees? Can female faculty members compare their salaries to their male peers? Right now, the answer is no because PSU is not fully subject to Pennsylvania’s Right-to-Know Law (RTKL)… Read On


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