Tucker Arensberg, PC

Headquartered in Pittsburgh, PA, Tucker Arensberg is a full service law firm with offices in Pittsburgh, Harrisburg and New York City.

Edward A. Wodarczyk, Esq., ewodarczyk@tuckerlaw.com, (412) 594-3920 As of 2018, the DOL estimates that there are 34 million defined benefit (DB) plan participants in private pension plans and 106 million defined contribution (DC) plan participants with combined assets of $9.3 trillion. Without sufficient protection, these participants and assets may be at risk from internal and external cybersecurity threats.  The DOL notes that ERISA requires plan fiduciaries to take appropriate precautions to mitigate these risks.…
Robert L. McTiernan, Esq., rmctiernan@tuckerlaw.com, (412) 594-5528 Mid-Mon Valley Publishing Company, LLC, d/b/a Mon Valley Independent and Tina O’Dell v. City of Monessen, a Third-Class City, and Matt Shorraw, as Mayor, No. 581 of 2020 (Westmoreland County Common Pleas Court, December 11, 2020).  Action taken by a city council on items added to a meeting agenda without providing the opportunity for prior public comment violated the Sunshine Act, but was not invalidated due…
Christopher L. Voltz, Esq., cvoltz@tuckerlaw.com, (412) 594-5580 Easton Area Sch. Dist. v. Miller, 232 A.3d 716 (Pa. 2020).  Pennsylvania Supreme Court holds that images of students in a school bus surveillance video are “educational records” under FERPA and must be redacted before releasing the video in respond to a request for records under the RTKL. BACKGROUND Requester submitted a request for records under the Pennsylvania Right-to-Know Law (“RTKL”) seeking a school bus surveillance…
Kenneth G. Scholtz, Esq., kscholtz@tuckerlaw.com, (412) 594-3903Alexandra N. Boyer, Esq., aboyer@tuckerlaw.com, (412) 594-3924 Just two days before the nationwide eviction moratorium was set to expire on March 31st, the Biden administration re-extended it through June 30th.  The extension allows tenants who continue to struggle financially during the COVID-19 pandemic to avoid eviction for non-payment of rent.  Tenants who qualify for protection from eviction, based on financial hardship, must provide proof via CDC Affidavit. …
Daniel C. Conlon, Esq., dconlon@tuckerlaw.com, (412) 594-3951 The following article provides additional information regarding government relief grant money that is available to hospitality businesses who suffered lost profits in 2020 due to COVID-19. Click here to view the original post on this topic. Additional federal grant money will soon be available to restaurant businesses. On Thursday, March 11, 2021, President Joe Biden signed the American Rescue Plan Act (“ARPA”) into law, which appropriates $1.9 trillion in relief and economic stimulus…
Daniel C. Conlon, Esq., dconlon@tuckerlaw.com, (412) 594-3951 Allegheny County announced that its COVID-19 Hospitality Industry Recovery Program (CHIRP) will begin accepting applications at noon on Monday, March 15 at https://alleghenycounty.us/CHIRP. The program allows businesses in the hospitality industry that were affected by the pandemic to receive grants of up to $50,000 to offset losses. WHO IS ELIGIBLE? •     Businesses that lost 25% or more in gross receipts between 2019 and 2020; •     Businesses…
As the COVID summer of 2020 drew to a close, the Centers for Disease Control issued a nationwide moratorium on evicting tenants from residential properties, in an effort to promote public health and stem the tide of the pandemic.  This CDC eviction moratorium went into effect on September 4th, and applied to any eviction based on non-payment of rent due to unemployment or reduced income.  The CDC created an affidavit for tenants to sign, and…
Ed Wodarczyk The CMS, DOL and Treasury Departments recently and jointly issued FAQs about how group health plans are required to cover COVID-19 Diagnostic Testing without cost-sharing.  The guidance makes clear that private group health plans generally cannot use medical screening to deny this testing to individuals who may be asymptomatic.  For example, individuals wishing to confirm that they are COVID-19 negative prior to visiting a family member generally would be eligible for testing without…