Archive for April, 2012

NLRB Delays Posting Requirements for “Employee Rights Notice” Yet Again

Last August, the National Labor Relations Board announced that effective November 14, 2011, all private-sector employers would be required to post an “employee rights notice” where other workplace notices are typically posted.  This notice, similar to one that federal contractors are currently required to post, would inform employees of their viagra pills rights to organize in a union and to bargain collectively.  Employers who customarily put personnel policy notices on an intranet would be required to put this information on the intranet as well.

The NLRB has twice delayed the implementation date for the new-posting rule, initially to January 31, 2012, then to April 30, 2012.  While there is no need to throw a parade in its honor, the NLRB has once again postponed the implementation date.

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Pa.L.C.B. Clarifies More Changes in New Act – Managers Required to Obtain RAMP Training

The Pennsylvania Liquor Control Board has interpreted Act 113 of 2011, effective February 20, 2012, as requiring that all licensees appoint a manager who has or will obtain Responsible Alcohol Management Program training offered by the Alcohol Education Department of the Pennsylvania Liquor Control Board.  As a result, any new manager who is appointed to a current licensee or a new licensee will have to appoint a manager who has already obtained the RAMP certificate.  In the alternative, the manager will have 180 days from approval as a manager of the licensee to obtain the RAMP certificate.  Failure by a new manager to obtain the RAMP certificate may result in a citation issued by the Pennsylvania State Police, Bureau of Liquor Control Enforcement. It appears that any manager appointed before February 20, 2012, will be grandfathered, so the current licensee will not have to require its present manager to obtain the RAMP certificate. Nevertheless, RAMP training is always helpful in operating your business responsibly.  You can visit the state website at www.lcb.state.pa.us and click on the Alcohol Education, RAMP Quick Links, Owner/Manager Trainings link, or contact the RAMP offices as follows: 

                        Central Region:  717-558-2160
                        Eastern Region:  610-940-1217
                        Western Region: 412-723-0109
                        Toll Free:  1-866-275-8237

Please note that our Lehigh Valley is now in the Central Region.

For more information about liquor law, please contact me at tzeller@nmmlaw.com.

April 17, 2012: File Your Taxes and Drive Safely

Although the filing deadline generally occurs on April 15, the deadline to file a 2011 federal income tax return is April 17, 2012.  The reason for the 2-day extension is that April 15 is on a Sunday and April 16 is Emancipation Day, a holiday celebrated inWashington, D.C.  Although the holiday is not celebrated in Pennsylvania, the deadline to file a Pennsylvania income tax return is also extended to April 17, 2012 to avoid confusion.

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Nature of a Liquor License and Liabilities

On March 24, 2012, I was a presenter at a CLE reviewing DUI law, liquor liability – dram shop and negligence, and liquor licensing for the Northampton County Bar Association.  One of the topics I covered was the nature of a liquor license and liabilities.  The following is an excerpt from the program materials:

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