Family and Medical Leave Act (FMLA) Settlements: Who pays the taxes?
The issue often arises in FMLA settlements as to how Plaintiff will be paid. If a plaintiff is paid by W-2, the employer is obligated to deduct applicable taxes, withholdings…
Legal Insights
PA’s Economic Loss Rule Further Defined
Alfred Maiello
Pennsylvania does not allow negligence claims against a party that result solely in economic damages. In 2005 the Pennsylvania Supreme Court provided an exception to this general rule in its…
Breakdown of an IEP: Whose Fault Is It?
Alfred Maiello
Children with disabilities are guaranteed access to a free appropriate public education (“FAPE”) once they reach three years of age (before three, children with disabilities have access to state early…
Maiello Brungo & Maiello appointed Solicitor for Glassport Borough
Alfred Maiello
Pittsburgh, PA – November 23,2015 –Maiello Brungo & Maiello is pleased to announce that the Borough of Glassport has appointed the law firm as solicitor. Falco A. Muscante will serve…
Can Service Animals be an “Accommodation”?
Alfred Maiello
Yes. Pursuant to the Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act (Section 504), and the Americans with Disabilities Act (ADA) require that appropriate modifications be made to…
2013
Alfred Maiello
Before You Hit “Send:” Avoiding Inadvertent Contract Formation by E-mail November 2013 Social Media – When was your Last Update? April 2013
2014
Alfred Maiello
House Bill 1816/Act 168 New Requirements for School Employers – Employment History Review of Prospective Employee (“Pass the Trash”) December 2014 House Bill 435/Act 153 Certification of Clearances for Volunteers/School…
CASPA vs. Prompt Pay Act
Alfred Maiello
Through the efforts of MB&M’s construction law group, the question that has lingered for the past 16 years has finally been answered; whether CASPA or the Prompt Pay Act apply…
ALERT! Supreme Court Rules that Schools Must Bus Students from Divorced Parents’ Two Residences
Christina Lane
On August 28, 2015, Justice Baer issued an opinion upholding the lower court ruling in the Watts case from Lancaster County. However, Justice Baer made it clear the Court was…
What You Really Need to Know about Act 153 Clearances
Alfred Maiello
Act 153, although just becoming effective on December 31, 2014, has had quite an impact on school districts. Prior to and after its effective date, as new information has become…
Sex Offenders’ Internet Aliases Must Be Disclosed
Alfred Maiello
“Megan’s Law” took effect on April 21, 1996 to provide a means of protecting the public, especially school age children, from victimization by sexual offenders. This is accomplished by tracking…
OCR Provides New Guidance on How to Respond to Complaints of Bullying of Disabled Students
Alfred Maiello
On October 21, 2014, the U.S. Department of Education Office for Civil Rights (OCR) released a Dear Colleague Letter concerning the bullying of students with disabilities. This guidance appears to…
May Educators Search Student Cell Phones?
Alfred Maiello
Do students have an expectation of privacy on their cell/smart phones while at school? The short answer is a “qualified” yes. School teachers and administrators, from time to time, may…
What is the Potential Liability for School Districts that Decide to Arm School Staff?
Alfred Maiello
With the exception of duly appointed school police officers, Pennsylvania does not permit school staff to carry firearms in schools and/or on school grounds. However, there are two pending bills…
Act 153 Clearances for Volunteers & School Employees
Christina Lane
Act 153 requires that all adult volunteers, responsible for the welfare of a child or having direct contact with children, provide certifications of required background clearances by July 1, 2015.…