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 salary, the questions we receive most frequently center around non-exempt or hourly employees.
The Superior Court majority opinion essentially adopted the trial court’s ruling by holding that the no-hire provision in the underlying contract was, as a matter of public policy, void. In so holding, the Superior Court’s majority opinion referenced similar rulings from out-of-state courts.
Pennsylvania Federal Court Finds that Speech Advocating School Violence is Not Protected by the First AmendmentFebruary 1st, 2019
For the first time in Pennsylvania, a federal court has found that “speech advocating school violence is unprotected” by the First Amendment.
On January 24, 2019, the Commonwealth Court held that personal information such as birthdates and places of residence for public employees should not be disclosed under the Right To Know Law.
On January 25, 2019, in the SuperShuttle DFW, Inc. case, the National Labor Relations Board (NLRB) announced its return to a traditional common-law test used to classify workers as employees or independent contractors.
Last month, the Pennsylvania Supreme Court was asked to determine whether the absence of padding on a gym wall that a student ran into during gym class causing injury, constituted negligence in the care, custody and control of its real property, and as a result fell within the state’s real estate exemption to liability.
Department of Education Changes How They Will Respond to FERPA Complaints, but Schools Should Not Let Down Guard on FERPA ComplianceJanuary 28th, 2019
Looking at the two purposes of FERPA – providing privacy to students for information contained in their records and providing access to students and parents to their own information – at times may be best achieved through less formal means than a formal investigation.
KingSpry congratulates attorney Kent Herman, who has been reappointed to the Salisbury Township Zoning Hearing Board for a five year term.
The Expansion of Pennsylvania Anti-Hazing Laws and its Impact on Secondary Schools and Institutions of Higher EducationJanuary 21st, 2019
The Timothy J. Piazza Anti-Hazing Law, signed into law by Governor Tom Wolf in October of 2018, is an amendment to the Pennsylvania Crimes Code and represents a significant expansion of Pennsylvania law. With this new legislation, Pennsylvania now has some of the strongest anti-hazing laws in the country.
Flexible contract work has reportedly increased by about 56 percent over the past ten years, with more than 16 percent of American workers performing flexible contract work as their primary source of income.