As a matter of first impression, a three-judge panel of the Commonwealth Court recently considered whether information shared between a government agency and its contractors is considered “internal to the agency,” and therefore exempt from disclosure under the Pennsylvania Right-to-Know Law (RTKL). The Court held that the public interest is best served by considering communications between an … [Read more...] about Pennsylvania Commonwealth Court Expands Internal Predecisional Exception Under Right To Know Law
PDE Issues a Revised Basic Educational Circular (“BEC”) on Charter Schools
This past month, PDE issued its first revised BEC on charter schools since 2004. The BEC provides guidance to both school districts and charter schools on a range of issues from how initial charter applications should be reviewed by a school district to expectations regarding a charter school’s operations, to relevant factors to consider in a non-renewal or revocation of a charter. The May 2019 … [Read more...] about PDE Issues a Revised Basic Educational Circular (“BEC”) on Charter Schools
Superior Court Addresses Enforcement of Post Adoption Contact Agreements
On March 21, the Superior Court issued its first decision regarding enforcement of Post Adoption Contact Agreements (“PACAs”), In re Adoption of B.G.W. The case involved a private infant adoption. Through a PACA, the birth and adoptive parents agreed that the child’s birth mother (“BM”) would have at least three visits per year with the child, for at least 2 hours each visit. At the first … [Read more...] about Superior Court Addresses Enforcement of Post Adoption Contact Agreements
Department Of Labor Updates 60-Year-Old Regulation
Just this morning, March 28, 2019, the Department of Labor announced a proposed rule that would, if adopted, update the “regular rate” requirements of the Fair Labor Standards Act (FLSA). Why does this matter? Your “non-exempt,” or hourly wage-earning, employees must be paid at least one and one-half times their “regular rate” for all hours worked over 40 hours. The FLSA’s regulations provide … [Read more...] about Department Of Labor Updates 60-Year-Old Regulation
Into the Weeds We Go – Recent Developments Employers Need to Know about Medical Marijuana
There are two new developments in the area of medical marijuana that employers should be aware of when addressing employee use of the same. First, in a case from Arizona, Whitmire v. Wal-Mart Stores, Inc., which has a statute very similar to Pennsylvania’s, a court has found that in order to use a drug test to show that an employee was impaired by medical marijuana at work, you will need to … [Read more...] about Into the Weeds We Go – Recent Developments Employers Need to Know about Medical Marijuana
It’s finally here! The Department of Labor Increases Salary Threshold for White Collar Employees…Take 2
Last evening, (March 7, 2019), the Department of Labor (DOL) released its Notice of Proposed Rulemaking (NPRM), proposing to raise the salary threshold for white collar exempt employees from $455 per week ($23,660 annually) to $679 per week ($35,308 annually). “White collar” refers to employees who perform primarily executive, administrative or professional duties. If employees’ regular salaries … [Read more...] about It’s finally here! The Department of Labor Increases Salary Threshold for White Collar Employees…Take 2
