McNees Wallace & Nurick LLC

100 Pine Street PO Box 1166
Harrisburg, PA 17108-1166, United States

  • 717.232.8000
  • 717.237.5300

Would You Like Fries . . . and an Unfair Labor Practice Charge with That?

Mainstream media, attorneys, and business owners are discussing the meaning and impact of a two paragraph press release issued on July 29 by the Office of the General Counsel of the National Labor Relations Board (NLRB). That…more
| Labor & Employment Law, Franchise Law

Mailing FMLA Notices to Employees? Not So Fast

Recently, the United States Court of Appeals for the Third Circuit issued an opinion analyzing the so-called "mailbox rule" in a case which centered on the receipt of an FMLA notice. In Lupyan v. Corinthian Colleges, Inc.,…more
| Civil Procedure, Labor & Employment Law

Screaming Profanities and Threatening the Boss Not Enough to Get You Fired According to NLRB

Yep, that's right. The employee's outburst is too obscene to reproduce on the Blog. Suffice to say that the employee, who was employed for only about two months: (1) called the owner of the company a crook and a number of other…more
| Administrative Law, Labor & Employment Law

"Micro-Units": NLRB Eases The Way For Union Organizing

Even the most casual of observers would have to be wearing blinders not to notice the extraordinary efforts made by the Obama Administration to make it easier for labor unions to organize the non-union workforce…more
| Labor & Employment Law

Background Checks: Back to Basics

Recently two federal agencies, the Equal Employment Opportunity Commission (EEOC) and Federal Trade Commission (FTC), issued joint guidance on job applicant and employee background checks and "What Employers Need to Know." The…more
| Civil Rights, Labor & Employment Law

UPDATE: Still No Love for No Gossip Policy

We previously reported that a National Labor Relations Board Administrative Law Judge found that an employer violated the National Labor Relations Act by implementing a "no gossip" policy and firing an employee who violated the…more
| Labor & Employment Law

Long-Term Employee Ineligible for UC Benefits for Violating Workplace Conduct Policies

After nearly 21 years of employment, a full-time clerk with Turkey Hill lost her job for engaging in several instances of bad behavior within a short period of time. The employee initially received a verbal counseling from her…more
| Administrative Law, Civil Procedure, Labor & Employment Law

Distribution Agreements in Pennsylvania: Til Death Do Us Part

One of the most exciting moments in the existence of a new brewery is the moment you ink your very first distribution agreement. Yes, you never forget your first: you’ve arrived, you’re now part of the Show, and now you’re…more
| Civil Procedure, Commercial Law & Contracts

Third Party Immunity for Relying on Powers of Attorney

There is no such thing as no liability, but as a result of recent sweeping changes to Pennsylvania's Power of Attorney statute, third parties should have a much higher level of comfort when taking direction from agents. If an…more
| Commercial Law & Contracts, Wills, Trusts, & Estate Planning

President Obama Signs Executive Order Prohibiting Federal Contractors from Discriminating Based on Sexual Orientation and Gender Identity

Frustrated with Congress's failure to pass the Employment Non-Discrimination Act (ENDA) and consistent with his recent Executive Order to raise the minimum wage to $10.10 per hour for employees of federal contractors, President…more
| Civil Rights, Labor & Employment Law, Government Contracting

McNees Insights: Estate Planning - Summer 2014

In This Issue: - Transitioning The Family Business to the Next Generation - Charitable Trusts and Estate Planning - Recent Tax Developments - Excerpt from Transitioning The Family Business to the…more
| Commercial Law & Contracts, Taxation, Wills, Trusts, & Estate Planning

Is Attorney-Client Privilege Affected By Who Pays Counsel Fees?

After receiving great interest from our “Fiduciary Exception to the Attorney-Client Privilege” article, we provide this follow-up article to address a possible “exception to the exception” that may still protect documents…more
| Civil Procedure, Wills, Trusts, & Estate Planning

Bank Loans Grow In Municipal Market While Bond Issues Shrink

Significant developments in the way municipal entities borrow money are under way. Last year, issuances of new municipal bonds in traditional municipal bond markets dropped to near historic lows and the outlook for 2014 is…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Milliken v. Jacono: Home Seller not Required to Disclose Murder/Suicide

In a unanimous decision handed down July 21, 2014, the Pennsylvania Supreme Court ruled that psychological stigma is not a material defect of real estate which sellers must disclose to buyers. The Court held that the occurrence…more
| Civil Procedure, Commercial Law & Contracts, Personal Injury, Real Estate - Residential

Halbig v. Burwell: A Death Blow for the Affordable Care Act?

On July 22, 2014, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled in Halbig v. Burwell that the Affordable Care Act (ACA) authorizes the issuance of tax credits to assist individuals…more
| Conflict of Laws, Labor & Employment Law, Health, Insurance, Taxation
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