Client Alerts

Client Alert: NLRA Joint Employer Standard Broadened

November 2, 2023 by Matthew Plain and Tim Groves

On October 27, 2023, the National Labor Relations Board’s (“NLRB”) published a final rule broadening the National Labor Relations Act (“NLRA” or “Act”) standard for when two entities that conduct business together will be considered “joint employers.” This new rule…

Remote Public Meetings and Other COVID-19 Measures Extended in MA until March 31, 2025

April 10, 2023 by Matthew R. Plain and Timothy J. Groves

On Thursday, March 23, Governor Healey signed into law a provision that extends the ability of public bodies to continue meeting remotely until March 31, 2025. The law, Amendment H.3548, was previously set to expire on March 31 of this…

Requirements and Considerations for School Leaders During Ramadan

March 28, 2023 by Patricia A. Hennessy and Adam A. Attia

Ramadan began at sunset on March 22, 2023, and is expected to last through April 21, 2023. Many Muslim students and teachers attend or work in schools throughout Pennsylvania and will be observing religious fasting from dawn to sunset. With…

U.S. Supreme Court Finds School Districts Can Be Sued for Damages Even When IDEA Administrative Process Has Not Been Exhausted

March 27, 2023 by Christopher A. Barrett

Introduction On March 21, 2023, the United States Supreme Court issued its written unanimous, 9-0 opinion, in the case of Perez vs. Sturgis Public Schools, et al. At issue in the case was whether students and parents were required to…

Grant Funding Available for Dual Credit Programs in Pennsylvania

February 22, 2023 by Patricia A. Hennessy and Adam Alaa Attia

The Shapiro Administration announced that it will be making $6.5 million of grants available to support dual credit programs in Pennsylvania. With the passage of Senate Bill 237, brick-and-mortar charter schools and cyber charter schools are now required to participate…

FHA Enhances COVID-19 Loss Mitigation Programs

February 17, 2023 by Vincent J. Averaimo

On January 30, 2023, the Federal Housing Administration (FHA) announced that it would be “expanding and enhancing” its loss mitigation options that were developed during the COVID-19 pandemic. For our clients servicing FHA loans, the enhancement allows it to use…

PA School Funding System is Unconstitutional: What Happens Next?

February 8, 2023 by Patricia A. Hennessy and Adam Alaa Attia

Yesterday, in a landmark decision, the Commonwealth Court determined that the system for school funding in Pennsylvania based on the value of taxable property is unconstitutional. The Court determined that education is a fundamental right guaranteed by the Pennsylvania Constitution…

Personal Guaranty in a Commercial Loan Follows the Note

July 28, 2022 by Vincent J. Averaimo

In most commercial loans, the corporate entity is the borrower, but the members or shareholders of that corporate borrower are required to guaranty the loan by signing a Personal Guaranty. In the lending industry, Promissory Notes are often endorsed to…

3 Changes to Reporting and Collection of Medical Debt

May 16, 2022 by Vincent J. Averaimo

Starting on July 1, 2022, the three nationwide credit reporting agencies, Equifax, Experian and TransUnion have agreed to three changes in how medical collection accounts are reported. The three credit reporting agencies will no longer include paid medical collection debt…

MA Seeks to Protect Tenants from Foreclosure

May 2, 2022 by Vincent J. Averaimo

A House and corresponding Senate bill aimed to protect tenants who occupy a foreclosed property from eviction has had favorable responses and has strong potential to become law in MA. H. 1483 and S. 1047, “An Act preventing unnecessary vacancies…

Centers for Medicare & Medicaid Services Ending Certain COVID-19 Regulatory Waivers for Skilled Nursing Facilities

April 27, 2022 by Sheri L. Pizzi and Greg Vanden-Eykel

The Centers for Medicare & Medicaid Services (CMS) recently issued Memorandum QSO-22-15-NH & NLTC & LSC (Memorandum) announcing that certain staffing, treatment, and life safety regulatory waivers applicable to skilled nursing facilities (SNF) and in effect during the COVID-19 state…

New Jersey Extends Statute of Limitations for Special Education Compensatory Education Related to COVID-19

April 5, 2022 by Christopher A. Barrett

On March 3, 2022, New Jersey Governor Phil Murphy signed into law legislation that extends the statute of limitations for filing a due process petition regarding the identification, evaluation, or educational placement of a child with a disability, or the…

Education Alert: Open Meetings Act

March 29, 2022 by Matthew R. Plain and Michaela Bland

On February 24, 2022, the Rhode Island Office of the Attorney General completed an investigation into an Open Meetings Act (“OMA”) complaint filed against the Council on Elementary and Secondary Education (“Council”) and issued a decision finding the Council violated…

EEOC Issues Updated Guidance on Accommodating Employees’ Religious Objections to COVID-19 Vaccines

March 24, 2022 by Christopher A. Barrett

On March 1, 2022 the United States Equal Employment Opportunity Commission (the “EEOC”) issued new technical guidance (the “March 1 Guidance”) for employers on how to address an employee’s religious objection to COVID-19 vaccinations and requests for accommodations. The March…

Rhode Island Supreme Court Rules Connecticut Choice-of-Law Provision Does Not Apply to Determining the Applicable Statute of Limitations in a Foreclosure Action

February 25, 2022 by Vincent J. Averaimo and Thomas A. Costello

Despite seemingly concrete language in loan agreements and mortgage documents, a recent case decided by the Rhode Island Supreme Court highlights that contractual language is not always as clear as it appears. In Webster Bank v. Rosenbaum, et al., the…

Connecticut Supreme Court Holds Compliance with HUD Regulations Is a Condition Precedent to Foreclosure Actions

February 10, 2022 by Vincent J. Averaimo and Thomas A. Costello

Recently, in Wells Fargo Bank, N.A. v. Lorson, et al., the Connecticut Supreme Court held that compliance with applicable federal Department of Housing and Urban Development (HUD) regulatory requirements is a condition precedent to the acceleration of a debt, enforcement…

NY Education Update: Staff and Student COVID-19 Vaccination and Testing Requirements

January 6, 2022 by Jaime A. Fernand and Paul T. O'Neill

With COVID numbers rising as many charter schools are returning from winter break, questions have been raised regarding adding a booster requirement to staff vaccination policies, and whether it is permissible to require students to submit to a COVID test or…

Education Law Update: Pennsylvania Supreme Court Ends Wolf Administration’s School Mask Mandate

December 11, 2021 by Patricia A. Hennessy and Adam Alaa Attia

On Friday, December 10, 2021, the Pennsylvania Supreme Court effectively ended the school mask mandate implemented by the Acting Secretary of Health of the Wolf Administration. Local school leaders now have the authority to determine the appropriate COVID-19 mitigation measures…

Understanding the Impact of OSHA’s New COVID-19 Policies on Employers

November 19, 2021 by Eric Davey and Greg Vanden-Eykel

The Occupational Safety and Health Administration (OSHA) released its long-awaited Emergency Temporary Standard (ETS) requiring employers to implement policies for mandatory COVID-19 vaccination or weekly COVID-19 testing. The ETS applies to private employers with more than 100 employees. While the…

Pennsylvania Education Law Update: Commonwealth Court Determines Mask Mandate in Pennsylvania Schools Will Expire December 4, 2021

November 17, 2021 by Patricia A. Hennessy and Adam Alaa Attia

On November 16, 2021, the Commonwealth Court ordered the school mask mandate to expire on December 4, 2021. Although the current mask mandate is to expire on December 4, 2021, the opinion by the Commonwealth Court leaves open the possibility…