News from 2014

Employment Issues to Watch for in 2014

To succeed in 2014 companies should be prepared for some significant employment law issues that will be present throughout the year. Watch out for these six issues. 1. Health Care The Affordable Care Act is going to have a big impact on employers of all sizes in 2014 and beyond. Although the “employer mandate” has been delayed until 2015… Read On

Does Your Charitable Organization Need to Register in Multiple States?

Charitable organizations now have the ability to effortlessly reach potential donors across the country through the internet. The expansion of the donor pool is great news for fundraising. However, soliciting contributions from donors who live in states outside a non-profits home state raises the legal issue of whether the non-profit must register in those outside states… Read On

Marcellus Shale Update

The Pennsylvania Supreme Court on December 19, 2013, issued its widely anticipated decision in the case of Robinson Township, et al v. Commonwealth of Pennsylvania, et al.  This decision has sent shockwaves through the natural gas and oil industry and has been enthusiastically received by environmental rights organizations as well as municipal officials. … Read On

Non-Resident Philadelphia Workers are Eligible for “Super Credits”

Individuals who work in Philadelphia, but reside outside the city, are now unquestionably eligible to take a full credit for taxes on compensation paid to Philadelphia, known as a “super credit”, against the earned income tax (EIT) owed to the political subdivisions where they reside.  The Supreme Court has affirmed the decision of the Commonwealth Court to that effect.  … Read On

Top Ten Most Significant Right-to-Know Cases of 2013 … and Coming Attractions for 2014

Top Ten Most Significant Right-to-Know Cases of 2013 1.            Bowling v. Office of Open Records, 75 A.3d 453 (Pa. 2013)(McCaffery, J.; Saylor, J. concurring; Castille, J. & Todd, J. dissenting). The Supreme Court finally established the standard and scope of review in right-to-know cases by affirming the opinion of Commonwealth Court Judge Robin Simpson from 2010. … Read On

Commonwealth Court Reestablishes Waiver in RTKL Cases

The Commonwealth Court has held that an agency waives any challenges to public disclosure that the agency fails to raise in the initial fact-finding proceedings.  Levy v. Senate of Pennsylvania (Levy II), — A.3d —-, 2222 C.D. 2010 (Pa. Cmwlth. 1/15/2014).  The Court rejected an argument frequently raised by agencies, that a record containing some privileged or exempt information is entirely exempt from public disclosure. … Read On

Who Knew? The U.S. Military Takes the Lead in Extending Benefits to Same-Sex

As we await a June decision from the United States Supreme Court in the Windsor case dealing with the Federal Defense of Marriage Act, or DOMA, the United States military has already moved forward to extend some benefits to same-sex partners of service members.  These benefits are being extended whether a same-sex couple is legally married or otherwise qualifies as domestic partners… Read On

Right-to-Know Law Does Not Reach Records of Privately Managed Economic Development and Tourism Agency

The requester submitted a request for records concerning the Oil Region Alliance of Business, Industry and Tourism (“Alliance”), an entity established to promote economic development, recreation and tourism in two counties in northwestern Pennsylvania.  The Alliance denied the request, asserting that it was not an “agency” required to comply with the Right-to-Know Law.  The Office of Open Records… Read On

Pennsylvania State Police Can Withhold Names of MPOETC Accredited Officers

The Commonwealth Court has held that the Pennsylvania State Police (PSP) do not have to release the names and departments of police officers accredited by the Municipal Police Officer’s Education and Training Commission (MPOETC) because PSP does not have the ability to determine whether such officers are engaged in undercover or covert law enforcement activities. Andrew McGill… Read On

Supreme Court Holds Agency Gatherings Convened Solely for the Purpose of Collecting Information Do Not Violate Sunshine Act

In Smith v. Township of Richmond, — A.3d –, No. 34 MAP 2013 (Dec. 17, 2013), the Supreme Court held that the Sunshine Act does not prohibit agencies from convening with litigation parties behind closed doors if the purpose of the gathering is information collection and agency member education and no “deliberation” or “official action” occurs… Read On


Subscribe to our Newsletter