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Pennsylvania Supreme Court Reversal in Carr v. PennDOT - Disciplining Public Employees for Social Media Postings

Published in the May, 2020 PELRAS Scoop Articles


Published on: Wed 27th May, 2020 By: Campbell Durrant, P.C.

On Tuesday, May 19, 2020, the Pennsylvania Supreme Court reversed the Commonwealth Court’s decision in Carr v. PennDOT and held that a public employer may terminate a probationary employee based on messages she posted on a social networking website. In an Opinion authored by Justice Mundy and joined by Chief Justice Saylor and Justices Baer, Todd, Donohue, and Wecht, the Court determined that the Commonwealth Court failed to engage in the proper Pickering/Connick balancing of interests and thereby erred in reversing the Civil Service Commission’s order dismissing the probationary employee’s First Amendment free speech challenge to her termination. The Pennsylvania Municipal League (“PML”) was an Amicus party fighting for this resu...

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Furlough and Layoff Considerations During COVID-19


Published on: Thu 30th Apr, 2020 By: COVID-19

Many Pennsylvania local governments are trying to respond to the financial fallout from the COVID-19 crisis. This webinar discusses legal and practical considerations for Pennsylvania municipalities and counties who are considering furloughing or laying off employees as part of that response. This webinar will be helpful for managers, human resources and labor relations staff, and elected officials.

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Act 17 of 2020 Provides Sixty Days of COVID-19 Full Salary Benefits

Published in the April, 2020 PELRAS Scoop Articles


Published on: Thu 30th Apr, 2020 By: Campbell Durrant, P.C.

Governor Wolf on April 29, 2020 signed Act 17 of 2020 (“Act 17”) which provides full salary benefits to police, paid firefighters, and other covered employees for up to 60 days per incident if they are unable to work because they have contracted or been diagnosed with COVID-19 or are subject to quarantine due to COVID-19 exposure. All Pennsylvania municipalities and governmental employers should be careful in paying full salary benefits under Act 17 because it does not require proof of work-related causation. Any payment of such full salary benefits should only be made after the employer issues a notice to the qualifying police officer or firefighter that such payment is only for full salary benefits under Act 17 and does not consti...

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Probationary Periods in Times of Pandemic: Don’t Let the Coronavirus Distract You from the Need to Effectively Evaluate New Employees

Published in the April, 2020 PELRAS Scoop Articles


Published on: Mon 27th Apr, 2020 By: Campbell Durrant, P.C.

The ongoing COVID-19 pandemic has disrupted our lives in profoundly significant ways, and there is as of now no clear end in sight to the changes which it has wrought. Municipalities across the Commonwealth have been forced to implement radical operational changes in response to rapidly evolving circumstances, and additional changes could be forthcoming as the situation continues to develop. However, the ongoing pandemic should not distract municipal employers from the need to evaluate those recently hired employees who are currently serving probationary periods. It is said that the most important decision which can be made during the life of an employer-employee relationship is the hiring decision. This is particularly true in th...

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PA Department of Health Issues COVID-19 Safety Measures for Employers and Employees

Published in the April, 2020 PELRAS Scoop Articles


Published on: Wed 22nd Apr, 2020 By: Campbell Durrant, P.C.



On April 15, 2020, the Pennsylvania Department of Health ordered that a number of safety measures be taken by employers and their employees to protect against the spread of COVID-19, including wearing masks. While this Order does not apply to local governments, the Pennsylvania Department of Health (“DOH”) is advising local governments to implement the protocols outlined in the Order to the extent practicable, and to appropriately balance public safety while ensuring continued delivery of critical services and functions.

The following is a summary of the social distancing, mitigation and cleaning protocols that local governments should strongly consider implementing, to the extent possible, and which are ...

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Unemployment Compensation Improves for Employers and Employees under New Federal and State Laws

Published in the April, 2020 PELRAS Scoop Articles


Published on: Wed 8th Apr, 2020 By: Campbell Durrant, P.C.

The federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and Pennsylvania Act 9 of 2020 became law on March 27, 2020 and contains several unemployment compensation enhancements that benefit both employers and employees. Section 2103 of the CARES Act provides important relief for employers that use the “reimbursable method” or, in other words, are self-insured for unemployment insurance compensation purposes instead of paying unemployment compensation taxes. Typically employers using the reimbursable method repay the Commonwealth for all of the unemployment compensation benefits charged to their account. With COVID-19 pandemic-related layoffs and unemployment compensation claims skyrocketing, this arran...

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Now Is Not the Time to “Roll Over” a Collective Bargaining Agreement: Essential Collective Bargaining Steps for the Covid-19 Economic Crisis

Published in the April, 2020 PELRAS Scoop Articles


Published on: Tue 7th Apr, 2020 By: Campbell Durrant, P.C.

Unfortunately, even after the COVID-19 health crisis subsides municipalities will be faced with severe fiscal challenges when dealing with catastrophic losses in pension fund valuations and substantial losses in tax revenues. As the collective bargaining timelines under Act 111 and Act 195 approach, unions already have been requesting municipalities to “just roll over” existing collective bargaining agreements. Your answer to such requests should be an emphatic no. Municipalities must avoid the short term temptation to avoid any contract roll over due to the current maelstrom of COVID-19 challenges since changes in wages, pension benefits and work rules will be essential in keeping municipal services sustainable. Moody’s Inve...

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Guidance on Calculation of an Employee’s “Regular Rate” for FFCRA Paid Sick Leave

Published in the April, 2020 PELRAS Scoop Articles


Published on: Fri 3rd Apr, 2020 By: Campbell Durrant, P.C.

On April 1, 2020, the U.S. Department of Labor issued temporary regulations pertaining to the administration of paid leave benefits under the two major components of the Families First Coronavirus Response Act – the Emergency Paid Sick Leave Act (EPSLA), and the Emergency Family and Medical Leave Expansion Act (EFMLEA). A critical issue addressed by the regulations that all employers should know is how the employee’s “regular rate” is to be calculated for purposes of administering EPSLA and EFMLEA paid leave benefits. The USDOL regulations make clear that the employee’s “regular rate of pay” is not necessarily the employee’s hourly rate at the time that he or she takes leave, and an employer who fails to calculate the ...

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Another Wave of COVID-19 Personnel Considerations

Published in the April, 2020 PELRAS Scoop Articles


Published on: Fri 3rd Apr, 2020 By: Campbell Durrant, P.C.

Since the start of the COVID-19 (coronavirus) pandemic, many municipal employers across the Commonwealth of Pennsylvania have engaged in an extraordinary juggling act between fighting the spread of coronavirus in the community and workplace, maintaining public services and continuing to pay employees full salary even as they work reduced schedules. While some municipalities may plan on continuing such efforts in the short term, the sustainability of this arrangement will be questioned as municipal tax revenue declines. Municipalities need to be proactive in identifying cost savings through a reduction of services, expenses and personnel. If municipalities decide to reduce services and/or staff, they must comply with an assortment of law...

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Department of Labor Issues Families First Coronavirus Response Act Notice Poster for Display by Employer

Published in the April, 2020 PELRAS Scoop Articles


Published on: Fri 3rd Apr, 2020 By: Campbell Durrant, P.C.

Congress recently passed the Families First Coronavirus Response Act (“FFCRA”), requiring employers provide paid sick leave to employees affected by COVID-19. The FFCRA requires covered employers to provide (a) Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined (pursuant to Federal, State, or local government order or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis; or (b) Two weeks (up to 80 hours) of paid sick leave at two-thirds the employee’s regular rate of pay because the employee is unable to work because of a need to care for an individual subject to quar...

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The Emergency Family and Medical Leave Expansion Act Applies to All Governmental Employers, Including those with 500 or More Employees


Published on: Tue 24th Mar, 2020 By: Campbell Durrant, P.C.

Some governmental employers with 500 or more employees have concluded that the provisions of the Emergency Family and Medical Leave Expansion Act (the “Expansion Act”) do not apply to them. A careful analysis, however, of both the text of the Expansion Act and the Family and Medical Leave Act demonstrates that all governmental employers are covered by the Expansion Act, even if they have 500 or more employees. The Expansion Act temporarily expands the FMLA to permit FMLA leave to be taken if a public health emergency is declared by a Federal, State, or local authority due to the COVID–19 pandemic. An eligible employee may take leave under the Expansion Act if he or she is unable to work or telework due to a need to care for th...

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Coronavirus: What Employers Need to Know

Webinar Presented by Patrick Harvey, Esq. and Bradley Betack, Esq.


Published on: Fri 20th Mar, 2020 By: Campbell Durrant, P.C.

The video below summarizes the new federal legislation titled Families First Coronavirus Response Act and answers frequently asked questions surrounding the Coronavirus outbreak and how it effects the workplace. This information is provided courtesy of Cambell Durrant, P.C.

GMT20200319-143406_PELRAS-Web_1920x1080 from Alexis Brower on Vimeo.

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Summary of the Families First Coronavirus Response Act


Published on: Thu 19th Mar, 2020 By: Campbell Durrant, P.C.

The Families First Coronavirus Response Act (FFCRA) is part of Congress’ comprehensive legislative response to the economic and public health crisis caused by the coronavirus pandemic. The FFCRA includes a number of changes to public assistance programs, unemployment compensation benefits administration, as well as mandates for certain paid leave related to coronavirus-related work absences. The FFCRA is really a collection of legislation on different subjects related to the coronavirus emergency, some of which amend existing legislation (such as, temporarily, the Family and Medical Leave Act), other portions of which are new legislation. This summary focuses on those aspects of the employment provisions of the FFCRA that impact public...

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Working Remotely During the Coronavirus Pandemic


Published on: Tue 17th Mar, 2020 By: Campbell Durrant, P.C.

Telecommuting or “telework” is defined in the Telework Enhancement Act of 2010 as, "a work flexibility arrangement under which an employee performs the duties and responsibilities of such employee's position, and other authorized activities, from an approved worksite other than the location from which the employee would otherwise work." While the Telework Enhancement Act of 2010 is only applicable to federal employees and it is not applicable to employees of local governments and private employers, it does provide some guidance for what it means to work remotely from an employer’s normal place of business. In practice, "telework" is a work arrangement that allows an employee to perform work, during any part of regular, paid hours, a...

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FAQs About the Impact of COVID-19 on the Workplace - March 26, 2020


Published on: Mon 16th Mar, 2020 By: Campbell Durrant, P.C.

I. THE GOVERNOR’S RESPONSE TO COVID-19 Pennsylvania Governor, Tom Wolf, has ordered all non-life-sustaining businesses to close their physical locations as of 8:00 p.m. on Thursday, March 19, 2020 in order to slow the spread of COVID-19. The Governor’s Order can be found here. Enforcement actions against businesses that fail to close began Monday, March 23, at 8:00 am. There is currently no end date for this mandatory closure. The list of life-sustaining businesses that may keep their physical presence open can be found

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EEOC Provides Coronavirus Guidance for Employers

Published in the March, 2020 PELRAS Scoop Articles


Published on: Thu 12th Mar, 2020 By: Campbell Durrant, P.C.

The Equal Employment Opportunity Commission (EEOC) recently posted a guidance regarding preparedness in the workplace for Coronavirus (COVID-19). The guidance clarifies the ability of employers to take concrete steps in response to COVID-19, such as, among others, instructing employees with flu like symptoms to stay home from work. See the full guidance at https://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfm. The EEOC explains that while the Americans with Disabilities Act (“ADA”) still applies during a pandemic, the ADA should not interfere with employers following COVID-19 prevention steps that are set out by the Federal Center for Disease Control (“CDR”) and state and local public health advisories ...

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New Immunity Exception under Pennsylvania’s Political Subdivision Tort Claims Act Expands Municipal Liability Exposure

Published in the February, 2020 PELRAS Scoop Articles


Published on: Tue 4th Feb, 2020 By: Shon K. Worner

Except for specified exceptions, under Pennsylvania’s Political Subdivision Tort Claims Act, (“Tort Claims Act”) “no local agency shall be liable for any damages on account of an injury to person or property caused by an act of the local agency or an employee thereof or any other person.” 42 Pa. C.S. § 8541. An important new immunity exception was added to that list on November 26, 2019, when Governor Wolf signed Act 87 of 2019, which added “sexual abuse” as a new immunity exception to the Tort Claims Act. Per newly added §8542(9), “sexual abuse” is defined as “conduct which constitutes an offense enumerated under [42 Pa. C.S.A.] §5551(7) (relating to no limitation applicable) if the injuries to the plaintiff were...

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Important Amendment to Pennsylvania's Child Protective Services Law

Published in the January, 2020 PELRAS Scoop Articles


Published on: Tue 4th Feb, 2020 By: Shon K. Worner

Effective December 31, 2019, the Pennsylvania’s Child Protective Services Law (“CPSL”) was again amended and the amendment removed the provisional period for employees who have direct contact with children to work for up to ninety (90) days prior to obtaining the required clearances. Accordingly, an employee who has direct contact with children may no longer begin that position until the employer has received proof of the three (3) clearances mandated by the state: (1) criminal history record obtained from the Pennsylvania State Police; (2) child abuse clearance obtained through the PA Department of Human Services; and (3) FBI criminal records check, which is obtained by submitting a full set of fingerprints for submission to the FB...

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Year-End Legislation Repeals High-Cost Health Insurance “Cadillac” Tax

Published in the January, 2020 PELRAS Scoop Articles


Published on: Mon 27th Jan, 2020 By: David E. Mitchell

The President recently signed the Setting Every Community Up for Retirement Enhancement Act of 2019 (“SECURE Act”), funding the government through September 30, 2020 and averting a government shutdown. Among many other retirement and health care provisions, this year-end spending package contained a full repeal of the Affordable Care Act’s (“ACA”) tax on high-cost health plans known as the “Cadillac Tax.” The Cadillac Tax was intended to curb the tax preferred treatment of employer-sponsored health plans, reduce excess health spending, and raise revenue to cover the costs of the ACA. The Cadillac Tax was originally scheduled to go into effect in 2018, but was delayed until 2020 and then again until 2022. According to the...

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Common Pleas Court Holds that Private Right of Action Exists Under Medical Marijuana Act

Published in the December, 2019 issue of the PELRAS newsletter


Published on: Fri 13th Dec, 2019 By: Brad J. Betack

In a case of first impression, the Lackawanna County Court of Common Pleas has recently held that the Medical Marijuana Act includes a private cause of action for aggrieved employees to bring discrimination claims against employers. Specifically, in Palmiter v. Commonwealth Health Systems Inc., the Court held that although the Medical Marijuana Act does not explicitly permit a private right of action by an employee who is allegedly discriminated against because of medical marijuana use, it does so implicitly. The Medical Marijuana Act was passed on May 17, 2016, authorizing individuals with a “serious medical condition” to utilize medical marijuana obtained from a licensed dispensary in the Commonwealth. The list of conditions that...

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Social Media Policies: What Can and Can’t an Employer Prohibit?

Published in the December, 2019 issue of the PELRAS newsletter


Published on: Fri 13th Dec, 2019 By: Hobart J. Webster

Can a government employer discipline a public employee because of their social media post? The answer to this question is that famous lawyerly phrase, it depends. Luckily, three U.S. Supreme Court can help us answer that question: Pickering v. Board of Education, 391 U.S. 563 (1968), Connick v. Myers, 461 U.S. 138 (1983), and Garcetti v. Ceballos, 547 U.S. 410 (2006). Pickering remains the Supreme Court’s seminal case on the First Amendment rights of public employees. Pickering established the principle that public employees do not relinquish their right to speak on matters of public importance, or “public concern,” simply because they have accepted government employment. In Pickering, school board officials terminated high sc...

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Don’t Forget to Renew Mandatory Background Clearances Under the CPSL!

Published in the December, 2019 issue of the PELRAS newsletter


Published on: Fri 13th Dec, 2019 By: Julie A. Aquino

In late 2014, the Pennsylvania General Assembly made sweeping changes to the Child Protective Services Law (“CPSL”), largely as a response to the Jerry Sandusky case. These changes impacted, among others, all paid employees and unpaid volunteers in Pennsylvania who have “direct contact with children” or who are responsible for the welfare of a child. 23 Pa.C.S. §§6344(a)(4), 6344.2(a). The law defines “direct contact with children” as “[t]he care, supervision, guidance or control of children and routine interaction with children.” The law defines “child” as an individual under 18 years of age. 23 Pa.C.S. §6303. The CPSL requires that employees who have “direct contact” with children obtain certain background ...

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Pennsylvania Supreme Court Rules that Working Part-Time is Not Dispositive of Termination Protections for Police

Published in the October, 2019 issue of the PELRAS newsletter


Published on: Mon 28th Oct, 2019 By: Julie A. Aquino

The Pennsylvania Supreme Court recently issued a decision that broadens the protections afforded to part-time police officers in boroughs. Deforte v. Borough of Worthington, 212 A.3d 1018 (Pa. 2019). This decision suggests that either the Borough Code or the Police Tenure Act protections extend to part-time police officers regardless of whether they were hired through a civil service process. The Borough of Worthington in Armstrong County employed four part-time police officers, including its Chief of Police at the time, DeForte. The Borough discharged DeForte and a patrol officer, Townsend, without a pre-disciplinary or post-disciplinary hearing. Both were part-time employees and each simultaneously worked for another jurisdiction. ...

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Pennsylvania Clean Slate Law - What it Means for Employers

Published in the October, 2019 issue of the PELRAS newsletter


Published on: Mon 28th Oct, 2019 By: Julie A. Aquino

In 2018, the Pennsylvania Clean Slate Law was enacted and created an automated computerized process to seal arrests that did not result in convictions within 60 days, summary convictions after 10 years, and certain second and third-degree misdemeanor convictions if there are no subsequent misdemeanor or felony convictions for a period of 10 years after the time of conviction. Under the Clean Slate law, some first degree misdemeanor offenses can also be sealed by petition. For an offense to be automatically sealed, all court fines must have been paid. Importantly, the Clean Slate Law does not allow for record sealing of more serious offenses such as murder, kidnapping, sexual offenses, weapons charges, and child endangerment. A complete li...

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Mandatory Overtime as an Essential Job Functions Under the Americans with Disabilities Act

Published in the October, 2019 issue of the PELRAS newsletter


Published on: Thu 24th Oct, 2019 By: Robert Vernon

The Eighth Circuit recently upheld the principle that mandatory overtime could be recognized as an essential job function, meaning that a disabled employee could not request to avoid working overtime as a reasonable accommodation under the Americans with Disabilities Act (the “ADA”). In McNeil v. Union Pacific Railroad Co., the employee worked as a critical call dispatcher at Union Pacific’s 24-hour dispatch call center, where her job included responding to calls related to incidents on or near railroad property to help ensure employee and public safety. In order to guarantee that this position was consistently covered, Union Pacific had a written policy that dispatchers were not allowed to end their shift until they were relieved...

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Department of Labor Publishes Final Rule Affecting Overtime Exemptions Under the Fair Labor Standards Act

Published in the September, 2019 PA Insider Newsletter Articles


Published on: Mon 30th Sep, 2019 By: Joshua C. Hausman

On September 24, 2019, the Department of Labor published a final rule which, when it becomes effective on January 1, 2020, will increase the salary threshold necessary for an employee to be considered exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (“FLSA”). Beginning next year, employees earning less than $35,568 per year, or $684 per week, will become entitled to overtime pay. The Department of Labor estimates that 1.2 million employees who are currently exempt will gain overtime eligibility under the new rule. Section 13(a)(1) of the FLSA exempts from its statutory minimum wage and overtime provisions those employees “employed in a bona fide executive, administrative, or professional ca...

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Prepare for the Act 111 Interest Arbitration Deadline

Published in the August, 2019 PA Insider Newsletter Articles


Published on: Thu 29th Aug, 2019 By: Paul N. Lalley

Don’t look now, but September 12th is right around the corner. To most people, September 12th is just another day on the calendar, but for municipal managers and elected officials, it is the all-important deadline for demanding interest arbitration under Act 111, and as such, one of the most important dates of the calendar year relating the municipality’s budget and fiscal health. With that date fast approaching, municipalities that are bargaining with uniformed personnel must be thoroughly prepared to take action by either properly demanding interest arbitration or responding in a timely and proper manner to a union’s demand for interest arbitration. Either the municipality or the union can demand impasse and interest arbitra...

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Plain View Project Social Media Scandal Calls For Immediate Action

Published in the August, 2019 PA Insider Newsletter Articles


Published on: Thu 29th Aug, 2019 By: Patrick J. Harvey

Scores of Municipalities across the Commonwealth are being called by reporters and asked to comment on offensive police officer social media posts including posts encouraging vigilantism, racist postings, anti-gay and anti-Muslim postings. Spurred on by the work of the Plain View Project (https://www.plainviewproject.org), which resulted in over 72 Philadelphia officers being suspended and 13 fired due to offensive social media posts, reporters are reviewing and reporting on inappropriate social media postings by police officers. The potential reach of this issue was highlighted last week when 22 law enforcement agencies in Montgomery County received press inquiries regarding the social media posts of their officers. The resulting ar...

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Is the PA Supreme Court About to Make it Easier to Appeal Act 111 Arbitration Awards?

Published in the August, 2019 issue of the PELRAS newsletter


Published on: Tue 27th Aug, 2019 By: Hobart J. Webster

On July 3, 2019, the Pennsylvania Supreme Court granted Northern Berks Regional Police Commission’s (the “Commission”) Petition for Allowance of Appeal in Northern Berks Reg’l Police Comm’n v. Berks County Fraternal Order of Police, 196 A.3d 715 (Pa. Commw. 2018). The Commission appealed a Commonwealth Court decision overturning a Berks County Court of Common Pleas’ order vacating an arbitration award that reinstated a police officer who had been terminated after permanently losing access to the Pennsylvania Justice Network (“JNET”), Commonwealth Law Enforcement Assistance Network (“CLEAN”) and PennDOT’s systems. In Northern Berks, the Pennsylvania Supreme Court will address two questions: (1) Whether the Comm...

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Nationwide Scrutiny of Police Officer Social Media Posts Raises Concerns for Pennsylvania Municipal Employers

Published in the August, 2019 issue of the PELRAS newsletter


Published on: Tue 27th Aug, 2019 By: Brad J. Betack

Municipal police departments are facing intense scrutiny after a nationwide database was compiled, collecting thousands of violent and offensive social media posts by police officers, raising questions of credibility and bias of the officers and potential liability concerns for their municipal employers. The database was created by a group of attorneys who discovered, in 2016, numerous postings on Facebook from several Philadelphia police officers, which supported and endorsed violence, racism and bigotry. As a result, the group created the database, known as the Plain View Project, for the intended purpose of identifying social media postings by current and formers police officers which could “erode civilian trust and confidence i...

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IRS Enforcement of ACA Employer Penalties Accelerates

As Published in the June, 2019 Issue of the PELRAS Newsletter


Published on: Mon 17th Jun, 2019 By: David E. Mitchell


Although the government shutdown that ended in late January 2019 temporarily slowed enforcement of Affordable Care Act employer shared responsibility penalties, the Internal Revenue Service has renewed its efforts to collect those penalties.  The IRS is currently collecting penalties for calendar year 2016 and employers will soon begin receiving notices relating to calendar year 2017.  One public employer recently received an IRS notice asserting that owed over $700,000 in ACA penalties.  

If a Large Employer (50 or more full-time employees or full-time equivalents, based on a 30 hour per week standard) fails to offer coverage to at least 95% of its full-time employees an...

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As Published in the June, 2019 Issue of the PELRAS Newsletter


Published on: Mon 17th Jun, 2019 By: Joshua C. Hausman


It would be hopelessly anachronistic to begin this update by pointing out that websites and web-based services (such as “apps”) have become the primary mediums by which many of us seek information, order goods and services, or engage with others.  The same holds true for our interactions with local governments.  Whether a person wants to know the date and time of the next council meeting, pay their taxes, or submit a complaint about the noisy neighbors next door, municipalities are increasingly choosing to provide these services over the internet.  When municipal services are offered online, the result is often increased municipal efficiency and improved access for residents.  However, if the...

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As Published in the June, 2019 Issue of the PELRAS Newsletter


Published on: Mon 17th Jun, 2019 By: Paul N. Lalley


The U.S. Supreme Court’s decision last year in Janus v. AFSCME, Council 31 ended fair share fees for public sector unions as unconstitutional.  A group that has supported litigation against public sector unions in Pennsylvania—the Fairness Center—has taken aim at the constitutionality of the maintenance of membership provision in Act 195, in a lawsuit filed on March 27, 2019 in federal court, Wessner v. AFSMCE, Council 13.

As a quick refresher, Act 195 authorizes “maintenance of membership” provisions in collective bargaining agreements.  This means that the public employer and the union that represents the bargaining unit employees can agree that a bargaining-unit employ...

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