News from 2016

Nauman Smith Attorneys Named Select Lawyers

Nauman Smith attorneys Spencer G. Nauman, Craig J. Staudenmaier, J. Stephen Feinour, Benjamin C. Dunlap, Jr. and Joshua D. Bonn have been named Select Lawyers of the Susquehanna Valley. Spencer Nauman was recognized for his work in Taxation Law. As a member of the firm’s Tax, Trusts & Estates practice group, he advises individuals… Read On

Surveillance Videos Obtained by Police are not Public Records

The Commonwealth Court has reaffirmed that video recordings created by private parties that come into the possession of the Pennsylvania State Police (PSP) in the course of a criminal investigation are exempt from disclosure under the RTKL and the Criminal History Records Information Act (CHRIA). Pennsylvania State Police v. Kim, 321 C.D. 2016 (Pa… Read On

Comp Time and the New Overtime Rules

As employers consider changing employees from salaried to hourly to comply with the higher salary level requirement in the new overtime rule, they should be mindful of the proper and improper uses of comp time. The FLSA permits comp time when it is taken in the same week as the extra hours worked.  The following example demonstrates a permissible use of comp time under the FLSA: An employee… Read On

A Common Misconception about the New Overtime Rules

With December 1 rapidly approaching, it is worth readdressing one of the most common misconceptions with the new overtime rule: Is an employer required to raise the salary of all of its currently exempt employees to $47,476 if they regularly work overtime hours and the employer wants them to continue doing so? No! There are several ways to comply with the new rule without raising compensation for currently exempt employees… Read On

Individual Coverage Under New FLSA Rule

In our last update, we discussed “enterprise coverage” under the Fair Labor Standards Act (“FLSA”). If enterprise coverage does not apply to an employer’s employees, some or all of these employees may still be covered under “individual coverage,” which could determine whether your employees are subject to the FLSA’s overtime provisions. Individual coverage applies when an employee is engaged in interstate commerce. … Read On

Enterprise Coverage Under New FLSA Rule

The upcoming increase in the salary level for exempt employees under the Fair Labor Standards Act (“FLSA”) applies to all exempt employees who are subject to the FLSA. The FLSA applies to employees through either “enterprise coverage” or “individual coverage.”  The standards for both enterprise and individual coverage will not change under the new rule. Enterprise coverage applies when an entity… Read On

Commonwealth Court Stays In Camera Review of Police Videos

On August 8, 2016, the Pennsylvania Commonwealth Court filed an opinion on three requests by the Office of Open Records (“OOR”) for in camera review of certain records, including dash-cam video, held by Pennsylvania State Police (“PSP”).  Com., Office of Open Records v. Penn. State Police, 370 M.D. 2016 (Pa. Commw. 2016) … Read On

New OSHA Electronic Reporting Rules for Workplace Accidents and Injuries

Certain employers should be aware of changes to how they must submit workplace accident and injury reports to the Occupational Safety and Health Administration (“OSHA”) taking effect on January 1, 2017. Although the content and form of these reports are not changing, certain employers will now be required to submit these reports electronically, and once these reports are submitted… Read On

Practical Advice for Complying with the New Overtime Regulations without Raising Wages

By now, employers know that the U.S. Department of Labor is raising the salary level for exempt employees under the Fair Labor Standards Act (“FLSA”). The new rule takes effect December 1, 2016, and raises the minimum annual salary level from $23,660 to $47,476 to qualify for the exemption.  Failing to raise salaries to this new level… Read On

Government Contractor’s Internal Financial Information is Not a Public Record

The Commonwealth Court recently held that a private contractor’s internal financial information submitted in response to an RFP to demonstrate the contractor’s economic capability is not a public record. Global Tel*Link Corporation v. Paul Wright and Prison Legal News, ___ A.3d ____, No. 1678 C.D. 2015, (Pa.Cmwlth. 9/22/2016). The editor of a magazine devoted to prisoners’… Read On


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