Latest Posts

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

Pennsylvania Legislators Suggest Moving Primary Date Up To Increase Voter Influence

Pennsylvania has one of the country’s latest primary dates.  Primaries in Pennsylvania are held the third Tuesday of May in even-numbered years or the fourth Tuesday of April during presidential nomination years.  Most states hold their primary elections before this date, with only around a dozen being at the same time or later.  In light of this… Read On

Are Payments From Charity Sponsored Employer Hardship Funds Taxable to the Recipient?

After passage of the Pension Protection Act in 2006, employer hardship funds sponsored by a charitable organization (“sponsored hardship funds”) potentially became a problem for employers and the sponsoring organization.  Section 4966 of the Internal Revenue Code (“IRC”) defined such funds as ‘‘donor advised funds” and imposed taxable “distributions” from the funds on fund managers and recipient individuals… Read On

Senate Bill Proposes Amendments That Could Allow Agencies Greater Permission in Denying Right-to-Know Law Requests

Right-to-Know Law (RTKL) and issues related to discovery can overlap and cause confusion regarding what information is protected from disclosure and what is not. This is apparent in the Stroudsburg Area School District v. Petersen case from October 2019. In this case, Gretchen Petersen filed a RTKL request in February 2019 requesting the school district’s engagement letter with legal representation… Read On

Be prepared: Know the Data Breach Policy in the States Where Your Business Operates

Data breaches of personal data can be extremely harmful to a business, and navigating the laws surrounding them is often confusing.  All 50 states have security laws in place for how a business must act when its customers’ personal information is compromised.  Some states, such as Florida and California, require notification when a certain number of individuals have been affected by a data breach… Read On

The Department of Labor Has Issued Regulations Clarifying Some of the Families First Coronavirus Relief Act Leave Provisions

The Families First Coronavirus Relief Act (“FFCRA”) was enacted to enable employers to keep employees on the payroll, while also ensuring that workers are not forced to make the choice between going to work to earn a paycheck or the treatment, quarantine, or other measures needed to combat the virus.  A few weeks ago, we wrote about how the new FFCRA could affect businesses.[1] … Read On

The Role of Local Municipalities in Refugee Resettlement is Expanded Under Executive Order 13888

On September 26, 2019, President Trump issued Executive Order 13888 with the purpose of enhancing state and local government involvement in refugee resettlement. The Order provides that going forward, the Federal Government will “resettle refugees only in those jurisdictions in which both State and local governments have consented to receive refugees . . . .” Exec… Read On

Philadelphia’s Ban on Cashless Stores Triggers Debate on Whether Such Bans Stifle Innovation or Increase Accessibility

Philadelphia enacted an ordinance in 2019 that made it one of the first major U.S. cities to ban cashless stores.  The ordinance, § 9-1132, prohibits anyone “selling or offering for sale goods or services at retail” from “refusing to accept cash as a form of payment to purchase goods or services.”  Included in this ordinance are bans on posting signs that cash payment is not accepted and charging higher prices to customers using cash. … Read On

Pennsylvania Sunshine Week Highlights Advocacy for Access to Public Information

The fifteenth annual Sunshine Week began on March 16, 2020 to celebrate public access to information across the country and in Pennsylvania.  This week-long event was initiated in 2005 by the American Society of News Editors, who selected the date to coincide with the birthday of James Madison, a primary Bill of Rights proponent.  Pennsylvania organizations are participating in celebration of their own freedom of information laws… Read On