News from 2020

Task Force Releases Recommendations for Pennsylvania’s Grand Jury System

Always a subject of curiosity due to their secretive nature, grand juries are used to review evidence by a prosecutor to see if it is sufficient to support a criminal indictment against an individual in a confidential proceeding.  The purpose of such a proceeding is to investigate crimes while also protecting individuals from unfounded criminal charges. … Read On

An Alternative Available for Organizing an Entity With a Charitable Purpose

Traditionally, when a group or an individual wanted to form an entity to carry out a project with a charitable purpose which would not be subject to federal income tax and to which federally tax-deductible charitable contributions could be made, they formed a nonprofit corporation.  Then, the corporation would apply to the Internal Revenue Service (“IRS”) for a Determination Letter which affirms that the corporation is nontaxable for federal income tax purposes and can receive federally tax-deductible contributions… Read On

The Pennsylvania Supreme Court Has Rejected the Fluctuating Workweek Method of Overtime Compensation

In November 2019, the Supreme Court of Pennsylvania rejected the federal Fair Labor Standards Act’s (“FLSA”) method of calculating overtime for fluctuating workweeks in favor of the more stringent method required by the Pennsylvania Minimum Wage Act (“PMWA”).  Although both laws were applicable in the case, there was a question of which standard applied to overtime pay due to a gap in Pennsylvania’s fluctuating workweek statute which did not directly address overtime pay in these situations… Read On

Nauman Smith Green Phase Notice

On June 19, Dauphin County moved to the ‘green phase’ under the Governor’s Executive Order.  We at Nauman Smith remain, as we have throughout this crisis, prepared to serve our clients’ needs through all phases of the COVID pandemic.  As before, our focus is serving the legal needs of our clients to the fullest extent possible while still respecting the health and safety of our staff and clients… Read On

Pennsylvania Supreme Court Agrees to Decide Whether Amazon Employees Should be Paid For Time Spent Undergoing Security Screenings

The Sixth Circuit Court of Appeals recently asked the Supreme Court of Pennsylvania to decide on the complex issue of whether Amazon is obligated to pay workers who are waiting for security screenings.  The case was brought as a class action alleging that Amazon’s employment practices contradict the Pennsylvania Minimum Wage Act (PMWA). The Sixth Circuit specifically asked the Supreme Court to answer the two following questions: “(1) Is time spent on an employer’s premises waiting to undergo and undergoing mandatory security screening compensable as ‘hours worked’ within the meaning of the PMWA? Read On

Requester May Not Appeal Denial of Access to Public Records Under Pennsylvania Right-to-Know Law Before Paying Copying Fees Incurred by Agency to Perform Secure Redactions

People often ask what fees a government agency in Pennsylvania may charge for access to public records. The Pennsylvania Right-to-Know Law (RTKL) allows requesters to avoid copying fees by asking to inspect records in person or to obtain records in electronic format.  An issue arises, however, when an agency must redact non-public information from a public record… Read On

Charity and Telemarketing Calls Cannot be Combined to Avoid Telemarketing Laws

The United States Tax Court in Giving Hearts, Inc. v. Commissioner of Internal Revenue,TC. Memo 2019-949, decided the issue of whether a commercial entity can make combined telemarketing and charity calls to avoid the restrictions of the Do-Not-Call registry list.   This case centered around the Do-Not-Call Implementation Act, passed in 2003, and allowed individuals to join a national registry opting out of receiving telemarketing calls. … Read On

Appealing a Notice of Zoning Code Violation or Adverse Zoning Determination

Various options are available after an adverse zoning determination or a notice of zoning code violation (“NOV”) is received allowing for appeal under certain circumstances. Residents and municipalities should be aware of the available procedures set forth in the Municipalities Planning Code (“MPC”) and the local zoning ordinances in order to avoid missteps. Zoning ordinances vary widely across Pennsylvania… Read On

Nauman Smith Yellow Phase Notice

As of May 29, Dauphin County, where our offices are located, moved from red to yellow status per Governor Wolf’s directives for COVID-19 mitigation.  Even in the yellow phase, those businesses/individuals which are able to work remotely are still advised to do so.  As you are aware, the attorneys and staff of Nauman Smith have been working remotely since March 19… Read On

Diversity in the Workplace

On September 30, 2019, a federal judge made a critical decision regarding Harvard’s race-conscious admissions program.[1]  A lawsuit brought against Harvard by the Students for Fair Admissions accused Harvard of considering race in their admissions, and therefore, discriminating against Asian American applicants.  To ensure diversity, Harvard relied on race-conscious admission criteria.  It used a tip or plus factor when looking at race as one factor among many that it used. … Read On


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