Frank Chernak

Frank Chernak

Ballard Spahr LLP

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Latest Publications


Payments to LLC Members Subject to Unemployment Compensation Tax

The Commonwealth Court of Pennsylvania held that members of a limited liability company (LLC) are employees of the LLC and are subject to Pennsylvania unemployment tax. The case, King’s Kountry Korner, LLC v. Dep’t of Labor...more

10/29/2015 - Guaranteed Payments Income Taxes Internal Revenue Code (IRC) Limited Liability Companies Partnerships Tax Returns Unemployment

EEOC Must Fulfill Conciliation Requirement before Suing

The U.S. Supreme Court on April 30 released its opinion in Mach Mining, LLC v. EEOC, stating that federal courts had the authority to review whether the Equal Employment Opportunity Commission (EEOC) fulfilled its duty to...more

5/1/2015 - Conciliation Discrimination Judicial Review Mach Mining v EEOC SCOTUS

Federal Court Notes Flaws in EEOC Stance on Severance Agreements

In a closely watched case, a federal district court questioned the stance of the U.S. Equal Employment Opportunity Commission (EEOC) that a severance agreement and general release of claims offered to employees can violate...more

10/13/2014 - Discrimination EEOC Employee Rights Employer Liability Issues Retaliation Severance Agreements

Federal Court: Employer’s Method of Calculating Overtime Violated Pa. Statute

A federal district judge in Pennsylvania recently found that RadioShack’s method of computing overtime violates the Pennsylvania Minimum Wage Act (PMWA). In Verderame v. RadioShack Corp., the plaintiff brought a putative...more

7/17/2014 - Corporate Counsel Employer Liability Issues FLSA Minimum Wage Over-Time Putative Class Actions RadioShack Wage and Hour

Executive Order Increases Minimum Wage for Federal Contract Workers

President Obama used his executive powers as promised in his State of the Union address and signed an Executive Order that will increase the minimum wage to $10.10 per hour for individuals working under federal contracts. The...more

2/19/2014 - Executive Orders Federal Contractors Minimum Wage

Non-Public Facebook Posts Protected by Stored Communications Act, N.J. District Court Holds

In an opinion that joins an emerging body of case law favoring employee privacy rights, a federal district court in New Jersey recently held that non-public Facebook posts are covered by the Stored Communications Act (SCA)....more

9/4/2013 - Facebook Invasion of Privacy Social Media Stored Communications Act

Supreme Court Issues Two Employer-Friendly Title VII Decisions

The U.S. Supreme Court yesterday issued two Title VII decisions favorable to employers. One case examined the definition of a supervisor under the anti-discrimination laws, and the other dealt with an employee’s burden of...more

6/25/2013 - Adverse Employment Action Discrimination Harassment Hiring & Firing Mixed Motive Cases Race Discrimination Retaliation SCOTUS Supervisors Title VII Vance v. Ball State University

DOL Proposes Survey on Worker Misclassification

The U.S. Department of Labor (DOL) recently issued a notice seeking comment on its proposal to collect information about “employment experiences and workers’ knowledge of basic employment laws and rules” so that it can...more

1/23/2013 - DOL Independent Contractors Misclassification

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