Norris, McLaughlin & Marcus

Atheist’s Religious Discrimination Case Gets Second Wind

Pennsylvania employers are familiar with many bedrock principles of Unemployment Compensation (“UC”) law, such as “cause of a necessitous and compelling nature” or “willful misconduct.” As shown by a recent federal court decision, however, there are equally important but lesser-known principles in this area of the law that even the courts must be reminded of. Read the rest of this entry »

Allentown City Council will review Pawlowski’s ‘ban the box’ hiring proposal

I was interviewed by WFMZ this week about Allentown Mayor Ed Pawlowski asking City Council to approve a resolution to remove questions from job applications regarding the criminal history of applicants.  Click here to watch the news clip.

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Pa.L.C.B. Issues New 12-Pack Guidelines

Yesterday the Pa.L.C.B. issued a correspondence further clarifying their new rule allowing Distributors to sell 12-packs. The issue concerned many logistical questions arising from the Board’s recent announcement. Read the rest of this entry »

Pennsylvania Liquor Control Board Issues Advisory Opinion Regarding Beer Delivery

On March 11, 2015, the Pennsylvania Liquor Control Board issued Advisory Notice No. 22, which further detailed the Board’s position on the permissibility of delivery of malt or brewed beverages directly to customers from licensees holding Transporter-for-Hire licenses.  Read the rest of this entry »

Pennsylvania Announcement Clarifying Size of Beer Packages for Distributors Bad for Pennsylvania Beer

The Office of Chief Counsel of the Pennsylvania Liquor Control Board issued a Legal Opinion which will permit Distributors to sell any group of containers prepared in a package as long as that group of containers exceeds 128 ounces in size.  Yes, this will permit Distributors to sell 12 packs which is a step in the right direction for consumer choice; however, Read the rest of this entry »

Consumer Financial Protection Bureau “Integrated Disclosures” Replacing the Current HUD1 and Good-Faith-Estimate Are Set To Go Into Effect on August 1, 2015

The Consumer Financial Protection Bureau was created in July of 2010 as part of the Dodd-Frank financial reform legislation and which was in response to the sub-prime lending crisis and complaints about deceptive or abusive practices by banks, credit card companies and mortgage brokers.  It was created to implement and, where applicable, enforce federal consumer financial law consistently for the purpose of ensuring that all consumers have access to markets for consumer financial products and services and that markets for consumer financial products and services are fair, transparent and competitive. Read the rest of this entry »

Do You Know Who You Share A Bed With? When your spouse’s fraud becomes your fraud.

Imagine this: You are married to someone you love and trust and know.  He or she goes to work every day, brings home a pay check and groceries and maybe some bags from Target; nothing out of the ordinary.  But then one day he or she brings home a new car, and then a boat, and then a piece of jewelry.  This continues for a while, and you like the new car and boat and jewelry, so you never think to ask “Can we afford this?” or “How much money do you make” or “How did you buy these things, anyway?”  Why would you?  After all, you love, and trust, and know your spouse.  But do you really? Read the rest of this entry »

Pennsylvania’s “Super” Laws for HOAs

With the growth of organized housing communities, particularly condominiums, we have also seen an increase in the number of Homeowner Associations – or HOAs as they are widely referred.  HOAs generally own or control the common areas of a housing community and are charged with specific obligations under the HOA’s by-laws; such as, mowing the lawns, removing snow and ice, maintaining a club house or pool (if one exists) and enforcing the rules of the community.  To carry out its obligations, the HOA is also usually permitted to charge an assessment to the homeowners in the community.  The assessment becomes a personal obligation of the homeowner – once that can be enforced through legal measures if not paid. Read the rest of this entry »

Definition of “Spouse” Under the Family and Medical Leave Act, Expanded to Include Same-Sex Marriages

The U.S. Department of Labor (“DOL”) announced that on February 25, 2015, it will issue a Final Rule that revises and expands the definition of “spouse” under the Family and Medical Leave Act (“FMLA”).  Under the revised definition, “spouse” will include all individuals in legal marriages, including husband and wife, and individuals in same-sex and common-law marriages.  This change was made in light of the U.S. Supreme Court’s 2013 decision in United States v. Windsor570 U.S.___, 133 S. Ct. 2675 (2013), which struck down that portion of the Defense of Marriage Act that interpreted “marriage” and “spouse” as being limited to opposite-sex marriages.  The Final Rule is set to go into effect on March 27, 2015. Read the rest of this entry »

Pennsylvania Deficiency Judgment Act Amended

The Deficiency Judgment Act establishes a procedure for a judgment creditor to petition a court to fix the fair market value of real property sold at a sheriff’s sale. Whenever any real property is sold, directly or indirectly, to a judgment creditor in execution proceedings and the price for which the property sold is not sufficient to satisfy the amount of the judgment, and the judgment creditor seeks to collect the balance due on the judgment, the judgment creditor must petition the Court of Common Pleas in the county where the real property is located to fix the fair market value of the real property sold. Read the rest of this entry »