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Client Alerts & ArticlesAt Mette, Evans & Woodside we strive to provide information and our helpful interpretations of the latest issues and news that may impact our clients. Our most recent Client Alerts are shown below. Click on the blue headlines to read the entire article. Employee Handbook Mistakes As a business owner, you probably have an employee handbook (or manual). You may have had it drafted by an attorney or perhaps an employee downloaded a template from the internet and adapted it to your situation. The Patient Protection And Affordable Health Care Act: Implementation of the Patient Protection and Affordable Health Care Act (PPAHCA) continues. Effective January 1, 2013, there are several financial and revenue raising provisions that become effective that may affect you, personally and as an employer. Under PA Law You May Be Financially Responsible For Your Family's Care Did you know that, under Pennsylvania law, you are responsible to care for and maintain or financially assist your indigent spouse, child, and/or parent? A recent case out of the Pennsylvania Superior Court, Health Care & Retirement Corporation of America, v. John Pittas, 46 A.3d 719 (Pa. Super. 2012), ruled on a case involving this law. Oil And Gas Act Of 2012 - Municipal Zoning Limitations The Unconventional Gas Well Impact Fee Act (Act 13 of 2012) was signed into law by Governor Corbett in February. This Act among other matters required municipalities to amend their land use ordinances to allow unconventional gas wells which are used to extract natural gas in nearly every zoning district. In response, a number of municipalities filed a Petition for Review with the Pennsylvania Commonwealth Court on March 29, 2012 challenging the constitutionality of state preemption of local regulation. At the end of July, the Commonwealth Court held that Section 3304 of the Act which, in effect, requires a municipality to violate its comprehensive plan for growth and development violates substantive due process. Act 91 Notice Requirements Reinstated In June of 2012, Governor Corbett signed the Homeowner Assistance Settlement Act. The Act, among other things, allocates to HEMAP the bulk of Pennsylvania's portion of the settlement received against the nation's five largest mortgage servicers for alleged misconduct in connection with home foreclosures. Another important part of Act 91 is that mortgage lenders are required to send notice prior to initiating a foreclosure action. Beginning October 2, 2012, lenders must send homeowners an Act 91 notice prior to the beginning of any legal action, including mortgage foreclosure. Protecting Your Electronic Communication Privacy Anyone who has had an appointment with a health care provider in the past nine years is familiar with the privacy policies that protect their health information. But how well are your other "secrets" protected? When communicating via electronic methods, it's important to protect your privacy. New Total Dissolved Solids Requirements For Publicly Owned Treatment Works An article on DEP's revised Chapter 95 regulations that address the acceptance of high-TDS wastes for publicly owned treatment works. The Perils of Joint Bank Accounts There are several risks involved when adding another person to a bank account for convenience or "just in case." Before creating a joint bank account, one should be aware of some of the potential consequences of that decision. How to Move a House When Attorney Paula Leicht inherited a home that had been in her family for five generations, the question wasn't how to move in to the house, but rather how to move the house itself. Progress had encroached on the family homestead with traffic passing by 15 feet from the front door. Read her story to find out how it was done and see photos of the process. It's Not Just About Pro Bono Lawyers need to be more aware of bar charities - that have a relationship to lawyers, the legal system or the professional organizations representing attorneys or paralegals. We ought to provide more support to assure the sustainability of the many projects and charities that have been created and supported by our legal community. Randall Hurst Authors Article For Pennsylvania Bar Association Attorney Randall Hurst recently contributed an article to the Pennsylvania Bar Association's Environmental & Energy Law Section newsletter. In the article, he discusses the new Chapter 92A discharge elimination standards, what they mean, what he anticipates to be some of the problems, and potential solutions to those problems. National Labor Relations Board Announces New Rules The National Labor Relations Board (NLRB) recently announced new rules that will impact nearly all private employers. Effective November 14, 2011, all private employers - including non-union employers - will be required to post a notice informing employees about their rights to organize in a union and to bargain collectively. Filing for bankruptcy is a personal decision that can only be made by you, and no one should ever tell you that you must file. The circumstances of each case are unique. Accordingly, there is no "checklist" that must be satisfied in order to qualify for bankruptcy. However, in addition to the legal considerations, there are a number of factors that should be considered by you and your bankruptcy attorney when making this decision. Owners of commercial and residential properties should be aware that they are entitled to a reduction of the assessment for their properties in the event market conditions justify a lower value. The Developer's To Do List While Waiting for Money to Thaw The time needed to push a building through project development to completion sometimes leaves little room for addressing fundamental management issues. Jeff Ernico offers ways for developers to make good use of their time while waiting for project money to thaw. New IRS Carry-Over Basis Rules Until the start of 2010, thanks to step-up basis rules, it was possible to avoid capital gains tax on property owned by a decedent's estate. However, effective January 1, 2010, the step-up basis was terminated and replaced by carry-over basis rules which impact estate tax liability. The Pennsylvania Home Improvement Consumer Protection Act, which took effect on July 1, 2009, is designed to protect homeowners from unscrupulous contractors and to establish penalties against contractors who violate the Act. A year later, some legitimate contractors still do not know the requirements of the Act or whether they are violating the Act in the way they do business. The 2010-11 Estate Tax Debacle Mette, Evans & Woodside takes pride in keeping its clients aware of any significant changes in the law that may impact their affairs. In this regard, we wanted to share with you news of the unanticipated repeal of the federal estate tax at the end of 2009 which has caused quite a stir. In fact, there are many people who have called it a "debacle." The Securities and Exchange Commission ("SEC") recently adopted final rules that require registrants to make new or revised disclosures in their proxy statements concerning compensation, stock options, and director qualifications along with other matters. The new Pennsylvania law, providing for electric power choice, goes into effect January 1, 2010. Choosing an electric supplier can be confusing. Be sure that before you sign any contract for electric service that you have it reviewed by legal counsel. PA Home Improvement Consumer Protection Act The new Act requires home-improvement contractors to register with the state and include standard information and terms in their contracts. Emergency Economic Stabilization Act of 2008 On Oct. 3, 2008, President Bush signed into law the Emergency Economic Stabilization Act of 2008. |
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