McNees Wallace & Nurick LLC

McNees Wallace & Nurick LLC is a full-service law firm representing corporations, associations, institutions, small businesses and individuals, and is a long-standing member of ALFA International. With offices in Harrisburg, Lancaster, Scranton, State College, Frederick, MD, Columbus, Ohio, and Washington, DC, McNees continues its tradition of valued service, its philosophy of “Clients First,” and its leading edge spirit. Closely monitoring market conditions and offering progressive client assistance, the firm’s experienced legal counsel provides service in a number of areas to best serve companies of all sizes.

McNees Wallace & Nurick LLC Blogs

Adding Value – McNees PA Tax Blog

McNees Auto Dealer Law Blog

McNees Land Use Blog

McNees Public Sector

Pennsylvania Labor & Employment Blog

Blog Authors

AB C D E F G H I J K L M N O PQR S T U V WXYZ

Kelley Aldridge

Jon Andrews

Eric Athey

Latest from McNees Wallace & Nurick LLC

Pennsylvania Labor & Employment Blog

PA Federal Court Upholds Private Right of Action under the PA Medical Marijuana Act

By Denise Elliott

October 16, 2020

Earlier this month, in the case of Hudnell v. Thomas Jefferson University Hospitals, District Court Judge Gerald Pappert denied Jefferson’s motion to dismiss Hudnell’s claims for violation of the Pennsylvania Medical Marijuana Act (“Act”), making him the second judge in Pennsylvania to uphold the right of a certified medical marijuana user to bring a cause of action for discrimination under the Act. Hudnell was employed by Jefferson as a Security Analyst. In 2018, she was…

McNees Land Use Blog

Looking Through the Kaleidoscope – Land Use in Pennsylvania

By Jon Andrews

October 12, 2020

A kaleidoscope is an optical instrument that presents an ever-changing view for those looking through it. In many ways, this reminds me of life as a real estate developer in Pennsylvania. The approval process landscape is ever-changing from project to project and municipality to municipality. With every twist of the land use kaleidoscope the path to a successful project looks a little (or a lot) different than the last one. There are approximately 2,500 municipalities…

Pennsylvania Labor & Employment Blog

New Pennsylvania Overtime Exemption Minimum Salary Requirements Set to Exceed FLSA’s Requirements in 2021

By Adam R. Long

October 7, 2020

In what seems like an eternity ago, in June 2018, the Pennsylvania Department of Labor and Industry (DLI) proposed new regulations under the Pennsylvania Minimum Wage Act (PMWA) that would increase significantly the minimum salary requirement for the white-collar overtime exemptions under this law. After many twists and turns, these regulations were published in their final form on October 3, 2020 and are now law in Pennsylvania. These regulations can be found here. The…

Pennsylvania Labor & Employment Blog

DOL Issues Revised FFCRA Regulations

By Andrew L. Levy & Austin Wolfe

September 15, 2020

The Department of Labor (“DOL”) issued revisions to its Temporary Rule implementing the Families First Coronavirus Response Act (“FFCRA”) on Friday, September 11, 2020 (the “Revised Temporary Rule”). The Revised Temporary Rule was issued in response to the decision by U.S. District Judge J. Paul Oetken of the Southern District of New York on August 3, 2020 (the “District Court Decision”), which had vacated portions of the DOL Temporary Regulations under the FFCRA (“The Original…

McNees Land Use Blog

Are Distributed Antenna Networks Public Utilities? The Pennsylvania Supreme Court Has Decided

By James Strong

August 31, 2020

In an earlier blog post, we discussed how the Commonwealth Court reversed the decision by the Pennsylvania Public Utility Commission (“PUC”) to no longer issue certificates of public convenience to neutral host distributed antenna system (“DAS”) network operators. Having a certificate of public convenience is important to a DAS network operator since it affords the operator access to public rights-of-way and limits the applicability of municipal regulation to DAS networks. The Commonwealth Court had…

Pennsylvania Labor & Employment Blog

Minimizing Risk for Unpaid Overtime – U.S. Department of Labor Issues Guidance on Tracking Non-Exempt Employees’ Hours Worked While Teleworking

By Adam R. Long

August 27, 2020

Accurately tracking hours worked by non-exempt employees for purposes of overtime pay has always been an area of potential risk for employers. The issue is thorny one because of how the federal Fair Labor Standards Act (FLSA) defines what constitutes compensable hours worked for minimum wage and overtime pay purposes. The risk is magnified significantly when non-exempt employees work remotely and/or have access to their work e-mail and network resources outside their scheduled work hours.…

McNees Land Use Blog

Here is Your Chance to Love More New Neighbors (or Even Create that Family Compound You Have Always Wanted)

By Christopher Knarr

August 17, 2020

By now, most people have become aware of the exclusionary effects of single-family only zoning. Cities and states have started to flip the concept of single-family only zoning on its head. Cities like Minneapolis and Seattle and states like Oregon, California and Minnesota have passed (or are considering) legislation essentially outlawing single-family only zoning. In these states and cities, laws or ordinances now permit additional dwelling types, such as accessory dwellings (i.e., granny-flats), duplexes,…

McNees Land Use Blog

Outdoor Dining: The Zoning Implications of a Temporary Solution Becoming a National Trend

By Peter Wertz

August 10, 2020

In the wake of coronavirus and associated state and local regulations, many Pennsylvania municipalities are making allowances to permit or expand outdoor restaurant operations on a temporary basis. For instance, on June 5, 2020, the City of Lancaster (the “City”) adopted an ordinance (the “Ordinance”) to allow restaurants to expand the location of existing sidewalk café operations and further permit “any person…[to] submit an application for a Temporary License for a Temporary Sidewalk Café to…

Pennsylvania Labor & Employment Blog

Federal Judge Vacates Portions of DOL’s FFCRA Regulations

By Andrew L. Levy & Austin Wolfe

August 4, 2020

On Monday, August 3, 2020, U.S District Judge J. Paul Oetken of the Southern District of New York issued a Decision and Order striking down portions of the Department of Labor (“DOL”) regulations implementing the Families First Coronavirus Response Act (“FFCRA”). Particularly, the order vacated the following portions of the DOL regulations: The requirement that work is available to the employee as a condition of eligibility for FFCRA leave; the definition of “health care provider”;…

Pennsylvania Labor & Employment Blog

NLRB Restores Decades Old Case Law Related to Employee Discipline Prior to Negotiation of a First Contract

By Adam Santucci

August 4, 2020

The National Labor Relations Board has restored a prior standard, one that had stood for about 80 years before being overturned in 2016, which governs an employer’s duty to bargain over employee discipline during the time period between when a new union is certified and a first contract is negotiated. In 800 River Road Operating Company, LLC d/b/a Care One at New Milford, 369 NLRB No. 109 (2020), the Board reinstated the rule that employers…

McNees Wallace & Nurick LLC

McNees Wallace & Nurick LLC Blogs

Blog Authors

PA Federal Court Upholds Private Right of Action under the PA Medical Marijuana Act

Looking Through the Kaleidoscope – Land Use in Pennsylvania

New Pennsylvania Overtime Exemption Minimum Salary Requirements Set to Exceed FLSA’s Requirements in 2021

DOL Issues Revised FFCRA Regulations

Are Distributed Antenna Networks Public Utilities? The Pennsylvania Supreme Court Has Decided

Minimizing Risk for Unpaid Overtime – U.S. Department of Labor Issues Guidance on Tracking Non-Exempt Employees’ Hours Worked While Teleworking

Here is Your Chance to Love More New Neighbors (or Even Create that Family Compound You Have Always Wanted)

Outdoor Dining: The Zoning Implications of a Temporary Solution Becoming a National Trend

Federal Judge Vacates Portions of DOL’s FFCRA Regulations

NLRB Restores Decades Old Case Law Related to Employee Discipline Prior to Negotiation of a First Contract

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