Legal Blog | KingSpry

Impermissible Commingling of Functions By A School Board Raises Constitutional Due Process Concerns

August 16th, 2017

Just recently, the Commonwealth Court had the opportunity to weigh in on the termination of a superintendent, and the various roles a School Board can play in that process.

FDA Directs New York Doctor to Stop Marketing “Three-Parent Baby” Procedure

August 10th, 2017

Dr. Zhang’s procedure, still deemed experimental, combines the DNA of three individuals into a single embryo by using a technique called nuclear transfer.

Good News, Employers: Pennsylvania’s Commonwealth Court Clarifies Some Flexibility in the Employee/Independent Contractor Distinction

August 3rd, 2017

On August 1, 2017, the Pennsylvania Commonwealth Court decided that the rigorous elements of the Construction Workplace Misclassification Act could not be applied to the common law determination of whether someone is a contractor or an employee.

Wondering What Discrimination Lawsuits Could Cost Your Business? EEOC Announces Bass Pro to Pay $10.5 Million and Enter In Nationwide Agreement

July 27th, 2017

On July 25, 2017, the Equal Employment Opportunity Commission (EEOC) announced that nationwide retailer, Bass Pro Outdoor World, LLC, agreed to pay $10.5 million and provide other relief, including a nationwide agreement addressing hiring and recruitment.

This Just In: The Department of Labor’s Silence on Overtime Finally Breaks (and it Sounds Like Good News!)

July 25th, 2017

Earlier today, July 25, 2017, the DOL announced that it will publish tomorrow, Wednesday, July 26, 2017, a Request for Information (RFI) called “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer”.

Medical Marijuana Employment Case in Massachusetts Could Foreshadow Potential Claims to Come for Pennsylvania Employers

July 24th, 2017

In a fascinating case out of Massachusetts, it was found that an employee could sue her former employer for disability discrimination due to the failure of the employer to create an accommodation that would exempt her from drug testing for her use of medical marijuana outside of the work day.

Third Circuit Court of Appeals Finds That the Single Use of a Racial Slur May be Sufficient to Create a Hostile Workplace

July 20th, 2017

The Court found that there can be circumstances in which a single incident by itself could be sufficient to support a claim for a hostile work environment.

PA Supreme Court Leaves School District Right to Appeal Underassessed Properties Intact, So Long As Appeal Not Based on Property Type

July 17th, 2017

In the matter of Morgan Properties Abrams Run Owner LP, et al v. Upper Merion Area School District, et al, a group of apartment complex owners filed a lawsuit against the School District alleging the District’s process of selecting only under-assessed commercial properties for tax assessment appeals violated the PA Constitution’s Uniformity Clause.

Sperm Donor Agreement and Adoption Decree May Be Necessary to Ensure Donor’s Parental Rights Are Terminated

July 14th, 2017

In Pennsylvania, a genetic link to a child can be a determining factor in parentage and may require legal action to ensure legal parentage to avoid unexpected consequences of the donation.

“Slant”-ing is OK, Says The High Court

June 30th, 2017

In a High Court decision announced on June 19, 2017, Simon Tam was vindicated and his band may now register the trademark, “The Slants.”