McNees Wallace & Nurick LLC

Smartphones & Smart Employers: Device Policies Enable Businesses To Safely Embrace Technology

Employers who don’t think they need a bring-your-own-device policy should consider this: Nearly 70 percent of millennials and 31 percent of baby boomers surveyed last year by TrackVia admitted to using their own devices and…more
| Labor & Employment Law, Privacy, Science, Computers, & Technology

County Property Assessment Appeals Deadlines Approaching! - July 2015

Those who pay property tax in Pennsylvania have an annual opportunity to appeal the assessed value of property. Deadlines for these appeals vary by county, but most are either August 1 or September 1, so now is the time to…more
| Real Estate - Commercial, Real Estate - Residential, Taxation

PA Supreme Court Gives Policy Holders Right to Settle Without Insurer Approval

Insurance coverage counsel have been anxiously awaiting the Pennsylvania Supreme Court's decision in Babcock & Wilcox Co. v. Am. Nuclear Insurers, 2015 Pa. Lexis 1551 (July 21, 2015), since the high court agreed to hear the case…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Supreme Court Slams The Brakes On Challenge To Disparate Act

As of now, the Equal Credit Opportunity Act (ECOA) prohibits dealers from unintentional, or “disparate impact,” discrimination in setting dealer reserves in auto financing. This disparate impact can result from policies or…more
| Civil Rights, Consumer Protection, Finance & Banking

Husband Permitted to Seek Attorney's Fees Against Wife for Her Failure to Comply with Prenuptial Agreement

In the 2015 Pennsylvania Superior Court Non-precedential Decision, Boer v. Pott, the Court confirmed husband's right to seek attorney's fees against wife due to wife's failure to comply with the parties' prenuptial agreement…more
| Civil Procedure, Civil Remedies, Family Law

Court Awards Grandparents Partial Custody of Grandchildren Over Mother's Objection and Court Holds that Minor Criminal Convictions are Irrelevant in Custody Case

In June 2015, the Pennsylvania Superior Court, in K.T. v. L.S., provided partial child custody to the children's paternal grandparents over mother's objection…more
| Family Law

DOL Reminds Businesses: Make Sure Your Contractors And Employees Are Properly Classified!

The U.S. Department of Labor Wage and Hour Division recently released new guidance for businesses in an attempt to provide clarity and notice to organizations that may have individuals performing services for them who are…more
| Labor & Employment Law

Feds Define Which “Closely Held Corporations” Are Eligible to Opt Out of Contraception Mandate Under ACA

One year ago, the U.S. Supreme Court ruled in the case of Burwell v. Hobby Lobby Stores, Inc. et al, that for-profit closely held corporations must be permitted to opt out of the Affordable Care Act’s contraception mandate on…more
| Labor & Employment Law, Health

Amendments Clarify Employers’ Background Check Obligations Under Pennsylvania Law

On July 1, 2015, Governor Tom Wolf signed into law Act 15 (House Bill 1276), which amends Pennsylvania’s Child Protective Services Law (CPSL) to clarify the requirements of employers and volunteer-based organizations to provide…more
| Civil Rights, Education, Labor & Employment Law

OSHA Announces Major Focus on Healthcare Industry

In late June, the Occupational Safety & Health Administration (OSHA) announced a major initiative that will intensify and expand the agency’s enforcement resources in the healthcare industry, with a focus on several common…more
| Health, Labor & Employment Law

Federal Court Retains Jurisdiction in Case Involving Delaware’s Unclaimed Property Estimation Methodology

Delaware has developed a reputation for being very aggressive in its unclaimed property auditing procedures through the use of third-party contract auditors. Several appeals filed in federal court challenging Delaware’s…more
| Civil Procedure, Consumer Protection

Substantial and Unilateral Changes Enough to Establish Good Cause To Quit

In another unemployment compensation case, the Commonwealth Court held that a substantial and unilateral change to a claimant’s pay and performance goals was enough to meet the burden of a necessitous and compelling cause to…more
| Labor & Employment Law

Pennsylvania’s NOL Cap Litigation Moving Forward

In a Corporate Net Income Tax (“CNI”) appeal filed by Nextel Communications of the Mid-Atlantic, Inc. (“Nextel”), the Commonwealth Court will consider whether Pennsylvania’s statutory cap on net operating loss (“NOL”) deductions…more
| Civil Procedure, Taxation

Workers’ Compensation Act Applies to UC Claims

In a case of first impression, the Pennsylvania Commonwealth Court recently issued an opinion examining the standards applicable to a claimant’s behavior when the claimant is receiving workers’ compensation benefits and has…more
| Worker’s Compensation

County Waited Too Long to Assess

In Duke Energy Fayette II, LLC v. Fayette County Board of Assessment Appeals, No. 1406 C.D. 2014 (May 28, 2015), the Court found that the Fayette County Board of Assessment Appeals conducted an impermissible spot reassessment…more
| Civil Procedure, Energy & Utilities, Taxation, Real Estate - Commercial
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100 Pine Street PO Box 1166
Harrisburg, PA 17108-1166, United States

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