Pennsylvania Title Wash – Part Two
In Part Two of our examination of Pennsylvania title wash issues, we consider several recent cases which particularly apply to the lands formerly owned by Thomas Proctor, but set precedent for understanding the issues of title washing across the state. Recall from Part One of this series that Central Pennsylvania Lumber Company (“CPLC”) and its successors claimed title to... Read More
Pennsylvania Title Washing – Part One
Title washing is a highly contested, complicated issue unique to Pennsylvania. After the American Revolution, the State of Pennsylvania sold large tracts of land in northern and central parts of the state to cover wartime expenses. These out-of-state owners were difficult to locate and often failed to pay taxes on the land. In response, the Pennsylvania General Assembly passed legislation requiring owners of interests in “unseated” land to provide county commissioners with a description of the land, including any oil and gas severance thereon. (1) (2) (3) The legislation shifted the tax from... Read More
2021 Update: COVID-19 OSHA Safety Guidance for Employers
On January 29, 2021, the Occupational Safety and Health Administration (OSHA) issued new guidance for employers on mitigating and preventing the spread of COVID-19 in the workplace. The OSH Act requires employers to provide “a safe and healthy workplace free from recognized hazards likely to cause death or serious harm.” The guidance is intended to help employers identify COVID-19 exposure... Read More
State Law Update: Classification of Marketplace Contractors
The correct classification of workers as employees or independent contractors is a matter of paramount importance for employers. The misclassification of a worker or workers by an employer could be very costly, resulting in backed employment taxes, tax penalties, backed overtime, or other civil penalties. Additionally, employees are covered by labor laws like the FLSA... Read More
Caselaw Update: Lease Maintenance in Texas
In BP America Production Co. v. Red Deer Resources, LLC, the Texas Supreme Court considered the establishment of production in paying quantities in relation to the shut-in royalty provision of a lease. The lease in question was owned by BP and contained a habendum clause providing that it would remain in effect so long as oil or gas was... Read More
Caselaw Update: Unpaid Leave in Texas
A recent appellate case out of Austin addressed whether unpaid employee leave may qualify as a reasonable accommodation under the ADA, and whether an employee who makes such a request is protected from retaliation under Chapter 21 of the Texas Labor Code. In Texas Dep’t of Transp. V. Lara, an employee (Lara) sued his former employer (the Texas Department of... Read More
Can an Exchange of Emails Form a Binding Contract?
Email communication has long been common in the modern business world. However, with the Covid-19 pandemic sending more people to work from home, contracts and other business agreements are being formed across informal channels more than ever. Contracts are legally formed once the following elements are met: there must be an offer and acceptance, the parties must intend to create the relationship,... Read More
Telecommuting Employees and COVID-19: Part 3
Americans with Disabilities Act In the third and final installment of our telecommuting series, we will discuss the Americans with Disabilities Act (ADA) and its application to telecommuting before and after the COVID-19 pandemic. The ADA prohibits discrimination against people with disabilities across several areas, including employment. The ADA protects individuals with a disability, which the act defines as a physical or mental impairment that substantially limits... Read More
Telecommuting Employees and COVID-19: Part 2
The Fair Labor Standards Act In the second installment of “Telecommuting Employees and COVID-19,” we consider the Fair Labor Standards Act (FLSA) and its application to telecommuting employees: who it protects; what it requires of employers; and how employers can avoid violations as an increasing number of employees are working remotely in the face of a global pandemic. The FLSA governs... Read More
Telecommuting Employees and COVID-19: Part 1
Independent Contractors v. Employees In the wake of the COVID-19 pandemic, a large percentage of the U.S. workforce began to work from home and continue to do so. This three-part blog series will address common issues employers face as many workers continue to telecommute, and more organizations consider the long-term benefits of allowing employees to work remotely. Telecommuting presents employers with unique compliance issues... Read More