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A Shifting Landscape – The Impact of Divorce & Other Litigation on Irrevocable Trusts

Previously published in Philadelphia Bar Association Probate and Trust Law Section Newsletter, June 2017 What parent wants their hard-earned money getting distributed to a former daughter/son-in-law or a creditor of their child? In our estate planning practice, we have yet to meet such a parent.  Thus, we often recommend our clients (parents ...

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Deadline Looms for Haitians as DHS Extends Temporary Protected Status

A recent announcement by Homeland Security Secretary, John Kelly, carries an important message for employers concerned with I-9 Compliance.  On May 24, 2017, Mr. Kelly, extended Haiti’s Temporary Protected Status (TPS) for six months, through January 22, 2018.   The deadline for current beneficiaries to re-register for Haiti’s TPS design...

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Registration of Out of State Custody Orders

Most states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This Act requires one state court to recognize the custody order of another state court.  In order for an out of state custody order to be recognized and enforced by another state, it must first be “registered.”  This entails the filing of a Peti...

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The Doctor Is In – or Better Be to Satisfy PA’s New Informed Consent Requirements

With the increased presence of qualified staff members in a physician’s office and the constant time-pressure on physicians, many patients rely heavily on individuals other than the physician to answer questions about medications, procedures, and treatment plans. Physicians, in turn, lean heavily on qualified staff members to ensure patients ...

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Preparing for New York Paid Family Leave: Fast Facts and Best Practices for Empire State Employers

Overview While the U.S. is the only industrialized nation that does not require paid family and medical leave, New York’s incoming Paid Family Leave Program (“PFL”) will guarantee paid leave for nearly all private sector employees, joining programs in California, New Jersey, and Rhode Island. Continue Reading  

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Coming Soon to Your State? Laws Banning Inquiries into Applicant Salary History Gaining Steam

As reported by HRLegalist earlier this year, Philadelphia’s City Council unanimously approved a pay equity bill making Philadelphia the first city in the nation to adopt comprehensive “wage-gap” legislation.  Under the Wage Equity Law, Philadelphia employers and employment agencies are prohibited from making any inquiry into a job appl...

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CUSTODY: RELOCATION AND SCHOOL CHANGES-PLAN AHEAD

School placement for children during and after a divorce can be a very contentious topic between spouses. Addressing educational opportunities and placements for the children is a vital step in resolving custody and parenting time issues.  During a custody case if you are contemplating changing schools or districts for your child it is imperat...

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Secretary of Labor Withdraws Previous Guidance on Joint Employment and Independent Contractors

In a Department of Labor news release yesterday, new U.S. Secretary of Labor Alexander Acosta announced the withdrawal of two Obama-era Administrator Interpretations, effectively rolling back the scope of the Fair Labor Standards Act and its application to joint employment and independent contractors.  These two interpretations, issued by th...

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ERISA Religious Exemption Expanded: SCOTUS Says Church Affiliation is Enough

Overview In a sigh of relief for faith-based healthcare providers, on Monday, June 5th, the U.S. Supreme Court held, in a decision authored by Justice Elena Kagan, that the Employee Retirement Income Security Act’s religious exemption provision covers all benefit plans maintained by religious group affiliates, even if the plan is not est...

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Anchors Away! Physical Therapists Rejoice (and Book a Tropical Getaway) as CMS Extends Locum Tenens Arrangements

Even doctors get sick sometimes, or need to take a vacation, and when they do, patients are not seen and billing does not happen. Cue locum tenens – a system used by providers to ensure continuity of care and revenue when providers need to complete continuing medical education requirements or take time off for vacations or medical or matern...

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