Articles Archives - Meyer, Unkovic & Scott LLP

Employment Update: Federal Appeals Court Limits NLRB’s Authority on Monetary Remedies

In a significant decision, the 3rd Circuit Court of Appeals has restricted the National Labor Relations Board’s (NLRB) authority to impose monetary remedies against employers. The Court ruled on December 27, 2024, that Starbucks is not obligated to pay consequential damages for alleged labor law violations unrelated to lost wages or benefits. This ruling challenges […]

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U.S. Court of Appeals for the Fifth Circuit Reinstates Nationwide CTA Injunction

Background The U.S. Court of Appeals for the Fifth Circuit has reinstated the nationwide injunction on the Corporate Transparency Act, overturning an Order of the same Court entered earlier this week that reinstated the filing obligations. This means that companies are no longer required to file Beneficial Owner Information reports to FinCEN until further Order

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Fifth Circuit Restores Corporate Transparency Act Deadlines; Updated Required Filing Schedule Released by FinCEN

Update – December 27, 2024 U.S. Court of Appeals for the Fifth Circuit Reinstates Nationwide CTA Injunction The U.S. Court of Appeals for the Fifth Circuit has reinstated the nationwide injunction on the Corporate Transparency Act, overturning an Order of the same Court entered earlier this week that reinstated the filing obligations. This means that

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Employment Update: City of Pittsburgh Protects Medical Marijuana Card Holders from Discrimination and Certain Drug Tests

September 24, 2024, the City of Pittsburgh amended its Discrimination Ordinance to add that a medical marijuana patient is considered a protected class from discrimination1. The Ordinance further prohibits employers from discrimination in hiring or employment because of the employee’s status as a medical marijuana patient which includes requiring “pre-employment testing for marijuana and such

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Employment Update: Federal Court Strikes Down DOL’s Salary Increase for Exempt Employees

On November 15, 2024, a Federal Court in Texas vacated the Department of Labor’s (“DOL”) final rule that increased the salary threshold for the white-collar exemptions under the Fair Labor Standards Act (“FLSA”). The Texas court ruled that the DOL exceeded its authority and the court struck down the salary increases nationwide. However, most employers

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Private Clients Advisory: It’s Time For Your Annual Personal and Estate Planning Review

As the leaves change and the holiday season approaches, we think about family and friends. Year-end is also a good time to think about taking care of personal matters. Do you have any unfinished personal or estate planning items to be completed? Our Private Clients Group is here to help you plan your future. This

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Private Clients Advisory: Misconceptions About Revocable Living Trusts in Pennsylvania

Whether it’s a suggestion from a financial advisor, advice from friends and family, or articles found through Google or posted on social media, there is a commonly held belief that all estate plans should include a revocable living trust. The accuracy of this notion depends largely on applicable state law. In Pennsylvania, the majority of

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Employment Law Update: FTC’s Non-Compete Rule Will Not Go Into Effect on September 4

On August 20, 2024, the Federal Court in Texas issued a final ruling on the FTC’s Non-Compete Rule stating that the FTC “(i) promulgated the Non-Compete Rule in excess of its statutory authority, and (ii) the Rule is arbitrary and capricious. ” The Court held the FTC’s Non-Compete Rule was unlawful. The Court ordered that

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Construction Advisory: Landmark Ruling – Pennsylvania Commonwealth Court Upholds Verbal Contract Cancellations Under HICPA

In a landmark decision, the Pennsylvania Commonwealth Court recently ruled in Commonwealth of Pennsylvania, Office of Attorney General v. Gillece Services, L.P., 2024 WL 3282546 (Pa. Cmwlth. 2024) that contractors must honor customers’ cancellation requests, irrespective of the medium of communication. This ruling underscores the importance of consumer rights and the obligations of contractors under

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Employment Law Update: Ongoing Cases Provide Uncertainty of Proposed FTC Ban on Non-Compete Provisions

On July 3, a Federal Court in Texas issued a preliminary injunction halting the implementation of the FTC’s Non-Compete Rule. However, the Order applies only to the named Plaintiffs in the Texas case. The Texas court is expected to issue a final ruling on August 30. The Court found the FTC lacks the statutory authority

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Real Estate Advisory: Don’t Miss Your Deadline to File a 2025 Tax Assessment Appeal in Pennsylvania

Taxpayers have a limited window each year to file an annual property tax assessment appeal and seek a significant reduction in assessed value and property taxes. Make sure you know the deadline for your county. Property owners must file 2025 tax assessment appeals as early as August 1, 2024, if they want to take advantage

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Intellectual Property Advisory: Limits to flag designs in registered trademarks

Americans love to proudly show off their red, white and blue. Businesses, too, love to adopt the flag for logos and marketing, but there are limits to what they can do with that symbol. U.S. law is clear that any trademark which “consists of or compromises” the American flag or any other state, municipality or

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Real Estate Advisory: 2025 Allegheny County Property Tax Assessment Appeal Deadline Moved Up to October 1, 2024

On June 4, 2024, the Allegheny County Council unanimously voted to move up the 2025 Allegheny County property tax assessment appeal deadline to October 1, 2024 from March 31, 2025. Assuming this legislation is executed by the Chief Executive, this change shortens the appeal window by 6 months. Property owners will benefit from an even

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Employment Update: DOL Increases Salary Threshold for Exempt Employees

Update – November 15, 2024 On November 15, 2024, a Federal Court in Texas vacated the Department of Labor’s (“DOL”) final rule that increased the salary threshold for the white-collar exemptions under the Fair Labor Standards Act (“FLSA”). The Texas court ruled that the DOL exceeded its authority and the court struck down the salary

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Employment Update: FTC Rule on Non-Compete Provisions

Update – August 20, 2024 FTC’S Non-compete rule will not go into effect on September 4 On August 20, 2024, the Federal Court in Texas issued a final ruling on the FTC’s Non-Compete Rule stating that the FTC “(i) promulgated the Non-Compete Rule in excess of its statutory authority, and (ii) the Rule is arbitrary

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