Obermayer Rebmann Maxwell & Hippel LLP

Major Overtime Rule Changes are Coming – Are you Prepared?

Since 1938, the Fair Labor Standards Act (“FLSA”) has set the federal minimum wage and mandated overtime pay (time and a half) for employees who work over 40 hours during a 7-day period. The FLSA exempts employees from the…more
| Labor & Employment Law

New Family Medical Leave Act Forms Now Available Online from the Department of Labor

Effective immediately, employers have new versions of the seven DOL-issued Family and Medical Leave Act (FMLA) forms to use. These new forms are identical to the prior forms, except that they contain some new Genetic…more
| Civil Rights, Labor & Employment Law

Do Grandparents Have Visitation Rights in New Jersey?

When parents choose to separate, it is often a difficult decision that greatly affects not only the adults but also the children involved. All of the changes that will need to be made may prove to be traumatic, particularly for…more
| Family Law

CMS Issues Final Rule for Medicare Shared Savings Program

This month, the Centers for Medicare and Medicaid Services (“CMS”) issued a final rule (the “Final Rule”) regarding an update to the Medicare Shared Savings Program (the “Program”). The Final Rule will seek to enhance primary…more
| Health

Same Sex Marriage is the Law of the Land: What Next for FMLA Benefits

FMLA Rights: Earlier this year, HR Legalist announced the U.S. Department of Labor’s (DOL) Final Rule (29 C.F.R. § 825.102) that changed the regulatory definition of “spouse” under the Family and Medical Leave Act (FMLA)…more
| Civil Rights, Constitutional Law, Labor & Employment Law, Family Law

Closed vs. Open Adoptions in New Jersey: Which is Best for You?

Choosing to adopt a child is a major decision that can be both beneficial and extremely rewarding for all involved. In New Jersey, adoptions are governed by statute (N.J.S.A. 9:3-38 et seq.). As individuals and couples begin to…more
| Family Law

What to Expect in a Dauphin County Custody Conciliation Conference

All custody actions start with the preparation and filing of a custody complaint; Dauphin County is no exception. In addition to preparing and filing the custody complaint, the plaintiff to the action must also prepare and file…more
| Family Law

NLRB Rules that Racism is a Protected Activity

Although no one reading this article would disagree with the premise that employers cannot and should not tolerate bigotry from anyone in their workforce, the NLRB apparently thinks otherwise. In a troubling decision handed…more
| Administrative Law, Civil Rights, Labor & Employment Law

The Road Ahead for TransVantage Solutions, Inc.

The Chapter 7 Trustee appointed in the TransVantage Solutions, Inc. bankruptcy case ground the gears of the nation’s trucking industry this past April when he filed over 500 adversary complaints against common carriers, shippers…more
| Bankruptcy, Civil Procedure, Criminal Law, Finance & Banking, Transportation

Grandparent Custody Rights in Pennsylvania

In Pennsylvania, grandparents and great-grandparents have physical custody rights surrounding their grandchildren. In rare circumstances, grandparents can request and win primary physical custody of their grandchildren. This…more
| Civil Procedure, Constitutional Law, Family Law

OIG Issues New Fraud Alert: Physician Compensation Arrangements May Result in Significant Liability Under the Anti-Kickback Statute

Medical directors, beware. The Office of Inspector General (“OIG”) warns in its recently released fraud alert (“Fraud Alert”) that physician compensation arrangements, such as medical directorships, run the risk of violating the…more
| Health

PA Judge Nixes Employees’ Negligence Claim for Data Security Breach

Red On May 28, 2015, in the first known ruling of its kind, a trial court in Allegheny County held that Pennsylvania law does not recognize a civil cause of action against companies for failing to secure its employees’…more
| Civil Procedure, Civil Remedies, Personal Injury, Privacy, Science, Computers, & Technology

Catholic Annullment Proceedings

Members of the Catholic faith not only have to follow the secular rules of the Pennsylvania Divorce Code in order to dissolve their marital bonds, but also must follow the edicts of the Catholic Church and request an annulment…more
| Family Law

Heads or Tails? New Guidance from the Supreme Court Nearly Flips Religious Accommodations Law on Its Head

Arabic businesswoman in officeOn Monday, June 1, 2015, the United States Supreme Court held that an employer may not refuse to hire an applicant if the need for a religious accommodation was a motivating factor in the employer’s…more
| Civil Rights, Labor & Employment Law

The Third Circuit Affirms the Denial of Third-Party Releases for Lack of Adequate Disclosure

The Third Circuit Court of Appeals recently affirmed the decisions of the District and Bankruptcy Court denying, for reasons of inadequate disclosure, the approval of a third-party release provision in the Chapter 11 plan of In…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking
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