Mike Mills, a Partner of the firm, was elected as a Council Member of the Pennsylvania Bar Association Tax Law Section. The PBA promotes justice, respect for the rule of law, professional excellence, and betterment of the legal profession. The Section on Tax Law is focused on the development and practical working of the law relating to taxation, both substantive and procedural.
Mike holds an LL.M. in Taxation, and his practice concentrates in the area of taxation, which impacts so much of business and personal financial planning. In representing businesses, this includes counseling clients on the tax aspects of business formation, financing, reorganization, and acquisition transactions, as well as business succession planning. With individual clients, this includes assistance with income tax planning, and planning for estate, inheritance, and other death taxes.
The United States Supreme Court Issues New Test for Determining Pregnancy Discrimination Claims in the Workplace
Written by Michael Klimpl
Federal law (Title VII of the Civil Rights Act of 1964) prohibits, among other matters, a covered employer, from discriminating against an employee because of such individual’s sex. Generally, a private employer with 15 or more employees, engaging in interstate commerce, is covered by Title VII. The Pregnancy Discrimination Act (PDA) passed in 1978, added discrimination based on “pregnancy, childbirth, or related medical conditions” to this prohibition.
The PDA also provides that employers are required to treat “women affected by pregnancy… the same for all employment-related purposes … as other persons not so affected but similar in their ability or inability to work” .
In the recent case of Young v. UPS, the Supreme Court, in interpreting the provision above, announced a new test for analyzing pregnancy discrimination claims. The relevant facts of the case are as follows:
Plaintiff Young worked as a part-time driver for defendant United Parcel Service (UPS). Her duties included pickup and delivery of packages. While employed by UPS she became pregnant and was told by her doctor that she should not lift more than 20 pounds during her first 20 weeks of pregnancy and no more than 10 pounds thereafter. Drivers in Young’s position were required to lift up to 70 pounds. UPS therefore advised Young that she could not work while under a lifting restriction. As a result Young remained home without pay during most of her pregnancy and ultimately lost her employee medical coverage.
Matters of child custody are understandably of great concern to divorcing and separated parents. Child custody issues can continue to be a source of friction between parents until the children reach eighteen years of age. It is possible that one spouse will request unreasonable custody arrangements, causing pain, friction and stress for all parties involved, especially the children. We believe our role is to minimize the hurtful impact of custody battles by providing reasonable and fair advocacy. We work to achieve child custody arrangements that are practical, fair, and in the best interests of the children. We represent clients in matters involving:
- Establishment of child custody orders (awards of primary custody, equal custody, and partial custody)
- Modifications to existing custody orders
- Parental relocations
- Grandparent visitation
- Contempt of child custody orders
Our goal is to help divorcing and separated parents to resolve custody disputes amicably. We work diligently to help clients consider issues such as parent’s schedules, children’s educational needs and activities, tuition, and relocation issues so as to arrive at the most desirable custody terms possible in the best interest of the children involved. When litigation is necessary, we provide strong representation and have great success in gaining favorable terms for our clients and their children.
We are very excited to report that work has begun on a two-story addition to our Doylestown Office on West State Street. The addition will offer Class A office space, with the first floor featuring additional offices for our growing practice and a large state-of-the-art event/conference room for events and educational programs. The second floor space will be offered for lease and will feature approximately 1650 square feet of premium office space including a separate entrance, elevator, restrooms and kitchen. We anticipate that the building will be ready for occupancy in the fall.
We are confident that our architectural design will improve the profile of our corner of town, and we look forward to expanding our services, professional staff and presence in the community.
Unemployment Compensation Hearings: Sometimes You Get a Do-Over
Written by Patricia Collins
By Patricia C. Collins, Esquire, Reprinted with permission from the March 23, 2015 issue of The Legal Intelligencer. (c) 2015 ALM Media Properties. Further duplication without permission is prohibited.
Recently, the United States District Court for the Eastern District of Pennsylvania, in Mathis v. Christian Heating and Air Conditioning, Inc., 13-3747 (March 12, 2015), examined the effect of factual findings in unemployment compensation proceedings in Pennsylvania on discrimination claims filed in federal court. The conclusion? The discrimination case is a “do over,” and nothing determined by the tribunal (including the Unemployment Compensation Board of Review and the Commonwealth Court) will collaterally estop either party, presumably, from taking a contrary position in the subsequent wrongful termination suit.
The facts are these: Mr. Mathis was employed at Christian Heating and Air Conditioning (“Christian Heating”) for nearly two years. During that time, Mr. Mathis had placed black tape over part of his identification badge. The objectionable part of the card professed the company’s mission statement to, inter alia, run the business in a way that was “pleasing to the lord [sic]….” Mr. Mathis’s supervisor and the owner of the business required him to remove the tape from the back of his badge. Mr. Mathis refused to do so, and contended that he was terminated as a result.
Thomas P. Donnelly and Antheil, Maslow and MacMinn were approved in the United States District Court for the Eastern District of Pennsylvania as counsel to a conditionally certified class of employees relating to claims for overtime pay raised under the Fair Labor Standards Act. The Complaint in Harrison v. DelGuerico’s Wrecking and Salvage et al. alleges that the company failed to compensate employees for overtime hours worked and, further, that the company mischaracterized employees as independent contractors over the span of several years. The company argues an exception to the Fair Labor Standards Act. Conditional certification and the form Notice to the putative class was approved on March 18, 2015.
AMM Partners Bill MacMinn and Tom Donnelly of the Firm's commercial litigation practice group will present a CLE on May 13th at 8:30 - 9:30 a.m. at the Bucks County Bar Association entitled "My Partner is Stealing - What Now?" This Intermediate seminar will deal with what happens when a partner is found to be stealing from the business, and continued operations in the ordinary course can be impossible. The presenters will reveiw the implication of the wrongdoing, the role of organizational documents, rights and remedies available to each party, litigation strategies, termination of employment and transfers of ownership interests.
With decades of collective experience analyzing and resolving complex and diverse issues unique to business transactions, relationships and disputes. Antheil Maslow & MacMinn's commercial litigation group brings exceptional skills to bear when conflicts arise regarding capital contributions, asset valuation, organizational documents, shareholders' rights and tax ramifications.
We are proud to sponsor the Big Brothers Big Sisters of Bucks County Bowl for Kids' Sake Fundraising events happening throughout the county. This is Big Brothers Big Sisters of Bucks County’s premier fundraising event, where people get together with friends, family, and co-workers and have a fun time bowling in support of our mentoring programs in our community. Big Brothers Big Sisters of Bucks County works to help broaden children’s perspectives and help them learn how to make good choices.
We want to encourage others to join the effort, whether you start a team, become a corporate sponsor or make a donation, its a great organization and a great feeling to help local youth on the path to fulfilling their potential and succeeding in school and life.
We are proud to announce the addition of Jessica Pritchard to chair the Firm’s Family Law practice group. Jessica focuses her practice exclusively in the area of family law, where she handles all phases of the negotiation and litigation of domestic relations cases, including divorce, child custody, child support, alimony/spousal support, equitable distribution, and prenuptial and postnuptial agreements. She has extensive experience working with high net worth individuals experiencing dissolution of their marriage or partnership.