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Upcoming Events
May 2, 2008
Marc Tarlow will present "Family Responsibility Discrimination Comes to the Forefront" before the Pennsylvania Association of Community Bankers Human Resources Conference at the Hilton Garden Inn in Hershey, Pennsylvania. For more information, contact Sue Murray, Director of Education, Pennsylvania Association of Community Bankers, at 717.231.7447
May 7, 2008
Craig Trebilcock will offer his insights as an immigration attorney as a panelist for "Strengthening Inclusion: Engaging Newcomer and Immigrant Communities in Your YMCA" at the Pennsylvania State University campus in York, Pennsylvania.
May 9, 2008
Keith Clark, Paul Adams and Reg Evans will discuss "Options Available to Mutual Institutions to Survive as Mutuals" before the Pennsylvania Association of Community Bankers at the Radisson Penn Harris in Camp Hill, Pennsylvania.
Recent Events
John O'Donnell gave a presentation on the "Legal Aspects of Foodborne Illnesses" at the Pennsylvania Tourism & Lodging Association / Pennsylvania Restaurant Association Food and Beverage Conference in Harrisburg, Pennsylvania on February 27.
Steve Lovejoy presented a "Federal Update of Mortgage Law" at the Maryland Association of Mortgage Brokers "March Madness" at the Convention Center in Baltimore, Maryland held March 11-12.
Marc Tarlow addressed employment law issues for businesses with employees working abroad, and Jane Davis spoke about avoiding liability for illegal payments and gifts under the Foreign Corrupt Practices Act before a World Trade Center of Central Pennsylvania forum on "Global Human Resources Issues"at the Holiday Inn Holidome in York on April 3.
On April 14, Steve Lovejoy delivered a talk on "RESPA and Truth-in-Lending" to the Pennsylvania Mortgage Bankers Association at the Sheraton Park Ridge Hotel & Conference Center in King of Prussia, Pennsylvania.
On April 16, Steve Lovejoy presented a talk on "Ethics, RESPA and Truth-in-Lending" to the Pennsylvania Mortgage Bankers Association at the Holiday Inn Greentree, Pittsburgh, Pennsylvania. |
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Offices
Camp Hill
3425 Simpson Ferry Road Camp Hill, PA 17011 Telephone: 717.763.1121 Facsimile: 717.763.7419
Towson
40 W. Chesapeake Avenue Towson, MD 21204 Telephone: 410.825.5223 Facsimile: 410.825.5426
York
1 East Market Street York, PA 17401 Telephone: 717.848.5134 Facsimile: 717.848.5125
Email
mail@shumakerwilliams.com
Website
www.shumakerwilliams.com
Editor
David J. Ledermann
Editorial Staff Michele Connor
Publishing/Layout Jeffrey A. Lee
We believe that providing our clients with timely information on developments in the law will enable them to make effective business decisions. We have dedicated ourselves to providing our clients with current information. This newsletter serves as one vehicle of promptly reporting to our clients. It is provided at no cost and outside of any professional relationship with a person, entity or file. The information contained in this newsletter is merely the opinions and thoughts of the authors and does not, in any way, constitute legal or professional advice.
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Family Responsibility Discrimination Comes to the Forefront
By Marc G. Tarlow
Family Responsibility Discrimination ("FRD"), or discrimination by which employees are treated worse than other employees because of caregiving responsibilities to children, spouses or parents, is coming to the forefront of potential employer liability. Not only does this type of discrimination implicate a variety of statutes, but employees are prevailing in lawsuits with alarming frequency. With the number of suits alleging FRD increasing, and the ratio of employee success greater than in all other employment litigation (with the exception of overtime/minimum wage suits), FRD should be taken seriously when contemplating employment decisions.
At its most basic level, legitimate FRD claims often stem from a perception among some employers that employees with caregiving responsibilities will not be as reliable or perform their jobs as well as employees without such responsibilities. Statutory support for FRD claims can be found in the discrimination prohibitions under Title VII of the Civil Rights Act ("Title VII"); the Family and Medical Leave Act ("FMLA"); and the Americans with Disabilities Act ("ADA"). The interplay of these statutes form a kind of legal swamp comparable to the intersection of FMLA, ADA and Workers' Compensation law, traditionally known as the "Bermuda Triangle" of employment liability. Because Title VII, FMLA, ADA and their state law equivalents are not inherently consistent, and often do not directly address FRD, each case requires careful analysis. Problems in this area are not amenable to a cookbook approach to resolution.
Complete Article

Getting Aggressive:
Federal Immigration Enforcement
By Craig T. Trebilcock
The Federal government continues to struggle with an inability to deal with the complexities of our national immigration policy. With gridlock on the issue in Congress and a presidential election year in progress, history indicates that significant increases in workplace raids and inspections can be expected in 2008. Prior to the last presidential election, a marked increase in enforcement activity by the Immigration and Customs Enforcement (ICE) branch of the Department of Homeland Security occurred.
Immigration is likely to be a hot button topic in the 2008 presidential campaign. Congress has settled into two rival camps, with the economy's growing need for professional workers to supplement the declining U.S. workforce being held hostage to the politics surrounding whether or not to legalize the nearly 13 million undocumented persons who currently reside in the country.
Complete Article

Prom Night Events:
Hotels and Liquor Licensees Must Exercise Caution
By Anthony J. Foschi
With high school prom season approaching, hoteliers and liquor licensees must take note of their special responsibilities concerning minors. The sale or furnishing of alcoholic beverages to a minor in Pennsylvania can result not only in an administrative citation against a licensee, resulting in a fine, suspension or revocation of its license, but also criminal liability against the manager or officers of the licensee. The offense is one of absolute responsibility with only one proper defense: the licensee must comply fully with the requirements of the Liquor Code, receiving an LCB card or a Pennsylvania driver's license from the patron and having the patron sign a statement card provided pursuant to LCB regulations.
Any area used for a prom or other gathering exclusively for minors must be segregated from the remainder of the licensed premises. If the area cannot be segregated, all alcoholic beverages either must be removed from the licensed premises or placed under lock and key during the event. Proper supervision must be provided on that portion of the licensed premises where minors are present. This requirement entails one person twenty-five years of age or older for every fifty minors or portion thereof. These adults are directly responsible for the care and conduct of such minors while on the licensed premises, and the minors must be within their sight or hearing at all times. The presence of the licensee or of any employees or security officers of the licensee does not constitute proper supervision.
Complete Article

SHUMAKER WILLIAMS REPRESENTING
THE PENNSYLVANIA RESTAURANT ASSOCIATION
We are pleased to report that the Firm was recently retained to serve as General Counsel to the Pennsylvania Restaurant Association ("PRA"). The PRA's membership includes more than 2,000 restaurants, foodservice industry purveyors and suppliers, and colleges, universities and culinary schools. Keith Clark led the PRA board through a governance process of re-writing the organization's bylaws during 2007 and, at the beginning of 2008, PRA retained Shumaker Williams, P.C., as General Counsel.
This is the most recent addition to the Firm's portfolio of over two dozen tax-exempt trade and professional association clients, and further expands on our commitment of over 40 years to representation of the hospitality industry.
Shumaker Williams, P.C., counsels a wide variety of business entities and other organizations in the hospitality industry. Some of the specific practice areas include: trademarks; immigration; purchase and sale of restaurants, hotels and attractions; hotel room, amusement and federal tax matters; and human resource issues. The Firm's extensive knowledge of the industry and its issues enables us to maintain our tradition of providing practical and effective solutions to the problems faced by our hospitality industry clients.

Think Spring!!
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