On February 21, 2019, the United States District Court for the Central District of California clarified the citizenship rights of children born abroad. Andrew, a U.S. citizen, moved to Israel in 2007 to attend graduate school. While there, he met Elad, an Israeli citizen. The couple moved to Toronto in 2010, and married there. The couple, both men, chose to have a family using assisted … [Read more...] about Federal Court Addresses Citizenship of Children Born Abroad Through Surrogacy
Three Employee Pay Myths – BUSTED!
Although the myths about employee pay seem to be nearly unending, the following three myths seem to be some of the most common. Myth #1: The Pennsylvania Minimum Wage Law (PMWL) and Fair Labor Standards Act (FLSA) require employers to give their employees breaks. Myth Busted: Notwithstanding child labor law’s mandated breaks for minors, the PMWL and FLSA do not require breaks for adult … [Read more...] about Three Employee Pay Myths – BUSTED!
Commonwealth Court Closes Loophole on School District’s Obligation to Satisfy Charter School’s PSERS’ Obligation
In a January 18, 2019 decision, the Commonwealth Court applied the Pennsylvania Supreme Court’s ruling in Pocono Mountain v PDE that PDE may not withhold from a district’s basic subsidy unpaid PSERS payments owed by a closed charter school and held further that PDE must make the district whole even if the funds have been paid over to PSERS. (2019 WL 255421) Facts in the Case The Catasauqua Area … [Read more...] about Commonwealth Court Closes Loophole on School District’s Obligation to Satisfy Charter School’s PSERS’ Obligation
FAQ: Develop and Implement Effective Work from Home Policies
Especially when the weather becomes unpredictable, and more often, when employees are working from home, we get a lot of questions about how to develop and implement work from home policies for maximum legal defensibility. Employee pay issues differ depending on whether the employee is exempt/salaried or non-exempt/hourly. Because exempt employees must, generally speaking, be paid their full … [Read more...] about FAQ: Develop and Implement Effective Work from Home Policies
Pennsylvania Superior Court Follows National Trend of Promoting Employees’ Ability to Change Jobs
In Pittsburgh Logistics Systems, Inc. v. BeeMack Trucking, LLC, Pittsburgh Logistics Company sought a preliminary injunction to enforce a contractual no-hire provision it had with BeeMack Trucking. The no-hire provision prevented BeeMack, during the term of the contract and for two years after its termination, from hiring or soliciting for employment or inducing or attempting to induce any … [Read more...] about Pennsylvania Superior Court Follows National Trend of Promoting Employees’ Ability to Change Jobs
Pennsylvania Federal Court Finds that Speech Advocating School Violence is Not Protected by the First Amendment
For the first time in Pennsylvania, a federal court has found that “speech advocating school violence is unprotected” by the First Amendment, even in the absence of the substantial disruption analysis used by Pennsylvania courts to date. In the case of J.R. v. Penns Manor Area School District (W.D.Pa. No. 18-574, Jan. 2, 2019), a federal court may have provided more leeway to school entities … [Read more...] about Pennsylvania Federal Court Finds that Speech Advocating School Violence is Not Protected by the First Amendment
