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Articles by Our Attorneys

Employment Law Update July 2025 

August 1, 2025 by MacElree Harvey, Ltd. Leave a Comment

In July 2025, federal actions on civil rights and labor policy made headlines, as Columbia University reached a record $21 million settlement over antisemitism claims, a federal court reversed job protections for a transgender teacher under Florida’s pronoun law, and the Department of Labor paused enforcement of an Obama-era rule expanding wage protections for home care workers. Get the details in this month’s employment law update. 

Columbia University Reaches Historic $21 Million Antisemitism Settlement with EEOC 

Columbia University has agreed to pay $21 million to resolve claims of antisemitic harassment against Jewish employees, marking the largest such settlement ever reached by the U.S. Equal Employment Opportunity Commission (“EEOC”), the agency announced. The deal addresses both individual complaints and a rare “commissioner’s charge” filed by acting EEOC Chair Andrea Lucas after the October 7, 2023, Hamas attacks on Israel, which reportedly led to increased harassment on campus. 

This EEOC agreement is part of a broader $221 million settlement Columbia reached with the Trump administration to address failures in protecting Jewish staff and students. While the university admitted no wrongdoing, it agreed to implement policy reforms aimed at combating antisemitism and reaffirmed its commitment to academic independence. 

Lucas emphasized that universities, as workplaces, must uphold civil rights laws and not allow antisemitism under the guise of free speech. She praised Columbia for establishing a substantial claims fund for affected employees. 

The EEOC called the resolution “historic,” noting it is the largest settlement for any religious discrimination case in nearly two decades. The case reflects a growing federal focus on antisemitism, reinforced by recent executive actions prioritizing investigations into religious harassment in educational institutions. 

11th Circuit Reverses Injunction Protecting Trans Teacher’s Job in Pronoun Case 

A federal appeals court has overturned an injunction that had allowed Florida high school teacher Katie Wood to keep her job while she challenges a state law banning public school employees from using pronouns or titles that don’t align with their biological sex. The Eleventh Circuit ruled 2–1 that Wood was unlikely to succeed on her First Amendment claim, finding that her use of “she/her” pronouns and the honorific “Ms.” in the classroom constituted government speech. 

The majority, both judges appointed by former President Trump, concluded that public school teachers speaking to students are acting in an official capacity. Under Supreme Court precedent, such speech isn’t protected under the First Amendment. Judge Kevin Newsom wrote that the ruling applies only to classroom interactions during instruction. 

In a strong dissent, Judge Adalberto Jordan, an Obama appointee, warned the majority’s logic could let the state mandate how teachers identify themselves, even forcing female teachers to use “Mrs.” or generic titles like “Teacher Smith.” He argued that personal pronouns aren’t inherently government speech and cited Supreme Court precedent supporting limited personal expression by public employees. 

The decision reflects growing legal tensions over free speech, gender identity, and state regulation in public education. 

The case is Wood v. Florida Department of Education et al., case number 24-11239, in the U.S. Court of Appeals for the Eleventh Circuit. 

DOL Halts Enforcement of Obama-Era Home Care Worker Rule 

The U.S. Department of Labor (“DOL”) announced it will stop enforcing a 2013 rule that expanded wage protections for certain home care workers under the Fair Labor Standards Act (“FLSA”), as it begins the process of rescinding the regulation. The Obama-era rule limited the ability of third-party agencies to claim exemptions from paying minimum wage and overtime to domestic workers providing companionship services. 

Under the original 1974 FLSA amendment, live-in domestic workers were exempt from overtime pay, and companionship workers were exempt from both minimum wage and overtime. The 2013 rule tightened those exemptions. 

In a field assistance bulletin, the DOL’s Wage and Hour Division said the pause is intended to ensure clarity during the ongoing rulemaking process. A proposal to roll back the rule was issued July 2, and public comment will guide the department’s final decision. 

Jeff Burke is an attorney at MacElree Harvey, Ltd., working in the firm’s Employment and Litigation practice groups. Jeff counsels businesses and individuals on employment practices and policies, executive compensation, employee hiring and separation issues, non-competition and other restrictive covenants, wage and hour disputes, and other employment-related matters. Jeff represents businesses and individuals in employment litigation such as employment contract disputes, workforce classification audits, and discrimination claims based upon age, sex, race, religion, disability, sexual harassment, and hostile work environment. Jeff also practices in commercial litigation as well as counsels businesses on commercial contract matters. 

Filed Under: Articles by Our Attorneys Tagged With: Jeffrey Burke

How are Retirement Assets Divided in Divorce?

July 23, 2025 by MacElree Harvey, Ltd. Leave a Comment

In a divorce case, retirement assets are subject to equitable division based upon enumerated statutory factors. Equitable distribution does not always mean equal division. For example, certain factors require the Court to consider current incomes, future earning capacities, and other financial circumstances. Often, the lower-earning spouse receives a majority of the marital assets, including retirement accounts and pensions.

Marital assets comprise property acquired during the marriage, absent certain exceptions. The growth of a non-marital asset remains non-marital property. Often, marital property is commingled or mixed, meaning it has both marital and non-marital components. This non-marital component not only includes the date-of-marriage balance on the retirement account but also any passive gains that can be proven to have been generated from the pre-marital balance. Establishing this passive gain often requires the assistance of a divorce financial expert or accountant.

Retirement assets with ascertainable balances, such as 401(k) plans, IRAs, and other defined contribution accounts, are often netted together and subjected to one percentage division. By way of illustration, if a husband has $150,000 in his 401(k) and a wife has $50,000 in her 401(k), and the percentage split is 50/50, the husband will owe the wife $50,000 via a Qualified Domestic Relations Order (QDRO) to effectuate the division of retirement funds. The division of such retirement accounts is also subject to market gains and losses.

Pensions, which often do not have ascertainable present values because they are based in part on future events such as future compensation and years of service, are divided pursuant to a coverture fraction referred to as the Cooper Formula with a 50% multiplier. The Cooper Formula takes the number of years worked toward the pension during the marriage as the numerator and uses the total number of years worked toward the pension as the denominator. That fraction is then subjected to a 50% multiplier, which is the award given to the non-employee spouse. For example:

10 years worked during the marriage x 50% = award to non-employee spouse
20 years total worked

Thus, in the illustration above, if the total pension benefit upon reaching pay status was $4,000 per month, the non-employee spouse would receive $1,000 per month, with the employee spouse retaining $3,000.

To learn more about this topic or for personalized guidance, contact attorney Patrick Boyer, who focuses on family law matters including divorce, equitable distribution, and retirement asset division. Patrick provides clients with strategic advice and compassionate support during challenging transitions. Call 302-654-4454 or visit macelree.com/contact-us.

Filed Under: Articles by Our Attorneys Tagged With: Patrick J. Boyer

3 Dos and 3 Don’ts of Divorce

July 18, 2025 by MacElree Harvey, Ltd. Leave a Comment

Do keep good financial records

In a divorce case, parties are typically required to complete a financial disclosure form listing all income, assets, debts, and expenses. Additionally, parties often must provide financial records spanning several years before the divorce. Maintaining organized financial documentation and producing it on time will help you reduce legal fees, enable you and your divorce attorney to better negotiate a divorce settlement, and, if necessary, be better prepared for divorce court or trial proceedings.

Do communicate clearly, concisely, and respectfully with your ex

Your written communication will be scrutinized in child custody cases. Important matters related to co-parenting, such as child exchanges, activities, and school events, need to be discussed and confirmed. Communicating clearly, concisely, and respectfully will help resolve custody disputes, avoid unnecessary arguments, and present yourself favorably to Family Court judges.

Do take care of yourself

Divorce and separation are stressful processes. Don’t make it harder by neglecting your physical, emotional, and mental health. Your well-being can be considered in any contested custody case. Make sure to prioritize self-care, therapy if needed, and maintaining a healthy routine.

Don’t sign anything without seeking legal counsel

Once signed, agreements are legally enforceable—whether they are fair or unfavorable. Always consult a family law attorney to understand your legal rights before signing any documents related to child custody, alimony, property division, or financial settlements.

Don’t move out of the family home without considering the consequences

Moving out can result in paying expenses for two households and may impact your standing in custody disputes. Speak with your attorney before making any major decisions about property or living arrangements.

Don’t engage in heated arguments with your ex

Confrontations can lead to your ex filing a Protection from Abuse (PFA) petition, which may result in serious consequences such as removal from your home, temporary custody being granted to your ex, or court-ordered child support and spousal support (alimony).

Author Patrick J. Boyer concentrates his practice on family law. He advocates in various areas including, but not limited to, divorce, property division, alimony, child custody and visitation, child support, and domestic violence. In addition, Patrick assists his clients with issues involving guardianship and third-party visitation. He is licensed in Delaware and Pennsylvania and works out of the firm’s Centreville, Delaware office.

Filed Under: Articles by Our Attorneys Tagged With: Patrick J. Boyer

Dying Without a Will: The State Decides Who Gets Your Assets, Not You 

July 16, 2025 by MacElree Harvey, Ltd. Leave a Comment

When a person dies without a will in Pennsylvania, their estate is distributed according to the state’s intestate succession laws. These laws determine the order of inheritance and how assets are allocated among surviving relatives. Understanding these rules is crucial for those navigating the probate process without a will. 

Intestate Succession Laws in Pennsylvania 

Intestate succession laws in Pennsylvania are designed to distribute a decedent’s assets to their closest relatives. The distribution process is governed by the Pennsylvania Probate, Estates and Fiduciaries Code. The primary goal is to ensure that the decedent’s property is passed on to their family members in a fair and orderly manner. 

Order of Inheritance 

  1. Surviving Spouse: 
  • If the decedent is survived by a spouse and no descendants or parents, the spouse inherits the entire estate. 
  • If the decedent is survived by a spouse and descendants (all of whom are also descendants of the surviving spouse), the spouse inherits the first $30,000 of the estate, plus one-half of the remaining estate. The descendants inherit the other half. 
  • If the decedent is survived by a spouse and descendants (some of whom are not descendants of the surviving spouse), the spouse inherits one-half of the estate, and the descendants inherit the other half. 
  • If the decedent is survived by a spouse and parents (but no descendants), the spouse inherits the first $30,000 of the estate, plus one-half of the remaining estate. The parents inherit the other half. 
  1. Descendants: 
  • If there is no surviving spouse, the entire estate is distributed to the decedent’s descendants, per stirpes. This means that the estate is divided equally among the decedent’s children, with the share of any deceased child passing to their own descendants. 
  1. Parents: 
  • If there are no surviving spouse or descendants, the estate is inherited by the decedent’s parents. 
  1. Siblings and Their Descendants: 
  • If there are no surviving spouse, descendants, or parents, the estate is distributed to the decedent’s siblings and their descendants. 
  1. Grandparents and Their Descendants: 
  • If none of the above relatives survive, the estate is divided equally between the paternal and maternal grandparents or their descendants. 
  1. Commonwealth of Pennsylvania: 
  • If no relatives can be found, the estate escheats to the Commonwealth of Pennsylvania. 

Legal Considerations 

  • Adopted Children: Adopted children are treated as biological children for the purposes of intestate succession. 
  • Half-Relatives: Half-relatives inherit as if they were whole relatives. 
  • Posthumous Relatives: Relatives conceived before but born after the decedent’s death are considered in the distribution. 
  • Advancements: Any property given to an heir during the decedent’s lifetime may be considered an advancement against their share of the estate, reducing their inheritance accordingly. 

Conclusion 

Understanding Pennsylvania’s intestate succession laws is essential for those dealing with the estate of a loved one who died without a will. These laws ensure that the decedent’s assets are distributed to their closest relatives in a structured manner. For those seeking to avoid intestate succession, creating a will is a proactive step to ensure that one’s wishes are honored after death. Legal advice from an estate planning attorney can provide further guidance tailored to individual circumstances. 

Filed Under: Articles by Our Attorneys Tagged With: Jamison C. MacMain, Jamison MacMain

How to Protect Your Assets During Divorce

July 10, 2025 by MacElree Harvey, Ltd. Leave a Comment

In divorce cases, it is difficult to protect assets. Property acquired during the marriage, regardless of title, is generally subject to equitable distribution in divorce cases. However, spouses are not powerless in protecting their marital and non-marital assets.

First, spouses can sign a pre-nuptial agreement (also known as a prenuptial contract or premarital agreement) prior to marriage. Through a pre-nuptial agreement, a spouse by contract can opt out of the default divorce laws, including those regarding the classification of marital property, spousal support, and/or alimony. A pre-nuptial agreement can also waive an elective share, which is a state-mandated award of property to the surviving spouse from the decedent spouse’s estate. These agreements are especially important for high net worth individuals or those entering a second marriage.

Second, if an asset was acquired through a non-marital source such as a gift, inheritance, or exchange of non-marital property, a spouse seeking to protect those assets should keep them separate from jointly titled assets and other marital assets. This is because commingling an otherwise non-marital asset with marital assets will cause the non-marital asset to be reclassified as marital and thereby subject to division during divorce proceedings.

Third is to document the origin and source of the assets. Parties in divorce cases are often required to document their financial accounts, real estate holdings, business interests, and debts. Poor documentation can lead a Court to draw adverse inferences, and the burden of proving that an asset is non-marital typically falls on the party who holds the asset. Proper documentation is critical in family law litigation, especially in complex divorce and asset division cases.

At MacElree Harvey, we have helped countless spouses and spouses-to-be protect their assets before, during, and after divorce. If you have questions about how we can help you with asset protection, estate planning, or family law matters, please contact us.

Contact Patrick J. Boyer
Family Law Attorney | MacElree Harvey
Direct: 302‑504‑7294

Filed Under: Articles by Our Attorneys Tagged With: Patrick J. Boyer

The Necessity of Special Needs Trusts

July 1, 2025 by Jamison MacMain Leave a Comment

Planning for the future of a loved one with a disability can be emotionally and legally complex. For families navigating government benefits like Supplemental Security Income (SSI) and Medicaid, even a well-meaning financial gift or inheritance can unintentionally jeopardize access to critical support. One powerful tool to protect both benefits and quality of life is the Special Needs Trust (SNT). This article explores what Special Needs Trusts are, how they work, and why they are an essential part of long-term planning for individuals with disabilities. 

The Necessity of Special Needs Trusts 

Consider the case of a young woman, Jane, who has a developmental disability. Jane’s mother has died and left an inheritance for Jane. Without a Special Needs Trust, nearly any level of inheritance would likely disqualify Jane from receiving Medicaid and SSI, leading to a loss of essential services and support. Instead of receiving these governmental support services, Jane’s inheritance, which she likely will have a challenge managing herself, will need to be used to pay for the same services that she already was receiving. Additionally, when that inheritance is used up, Jane will have to go through all of the long and invasive steps that she had already gone through, to get back to receiving governmental support.  

However, Jane’s mother, by executing the proper documents before her death to direct that Jane’s inheritance go into an SNT, the Jane can continue to receive government benefits while using the trust funds for additional needs, such as specialized therapies, adaptive equipment, education, housing, etc. 

Definition and Purpose of Special Needs Trusts 

A Special Needs Trust (SNT) is a legal document for the benefit of individuals with disabilities, used to manage and protect assets. The primary purpose of an SNT is to ensure that individuals with special needs can maintain their eligibility for government benefits, such as Supplemental Security Income (SSI) and Medicaid, while also having access to additional resources that can enhance their quality of life. 

Benefits of Establishing a Special Needs Trust 

Establishing a Special Needs Trust offers numerous benefits individuals with disabilities.  

  1. It provides financial security by safeguarding assets that can be used for the beneficiary’s supplemental needs, such as medical care, education, and recreational activities. 
  1. It allows family members and other benefactors to contribute to the trust without jeopardizing the beneficiary’s eligibility for essential government programs.  
  1. Lastly, an SNT can be tailored to meet the specific needs and circumstances of the beneficiary, offering flexibility and peace of mind to families. 

How Special Needs Trusts Protect Eligibility for Government Benefits 

One of the critical functions of a Special Needs Trust is to protect the beneficiary’s eligibility for government benefits. By placing assets in an SNT, these resources are not considered when determining eligibility for means-tested programs like SSI and Medicaid. This protection ensures that the beneficiary can continue to receive vital support from these programs while also benefiting from the trust’s resources for additional needs. 

Key Considerations When Setting Up a Special Needs Trust 

When setting up a Special Needs Trust, several key considerations must be taken into account. It is essential to choose a knowledgeable trustee who understands the complexities of managing an SNT and the beneficiary’s unique needs. Additionally, the trust must be carefully drafted to comply with federal and state regulations to ensure it effectively protects the beneficiary’s eligibility for government benefits. Consulting with an attorney experienced in special needs planning is crucial to navigate these legal intricacies. 

Legal and Financial Implications of Special Needs Trusts 

The establishment of a Special Needs Trust carries significant legal and financial implications. Legally, the trust must be structured to comply with applicable laws to ensure its validity and effectiveness. Financially, the trust must be managed prudently to meet the beneficiary’s needs over their lifetime. This requires careful investment strategies and regular reviews to adapt to changing circumstances. Engaging professionals with expertise in trust management and special needs planning is essential to address these implications effectively. 

Conclusion 

Special Needs Trusts are a vital tool in planning for the future of individuals with disabilities. They offer a means to provide financial security and enhance the quality of life for beneficiaries while preserving their eligibility for essential government benefits. Proper planning and the establishment of an SNT can alleviate the financial and emotional burdens on families, ensuring that individuals with special needs receive the support and resources they require. As such, it is imperative for families to consider the benefits of Special Needs Trusts and seek professional guidance to implement this crucial aspect of special needs planning. 

Jamison C. MacMain is part of MacElree Harvey’s Estate Planning Department, where he advises clients on wills, trusts, guardianships, and long-term planning strategies. He is passionate about helping families make informed, proactive decisions that safeguard both assets and quality of life for loved ones with disabilities. To learn more or schedule a consultation, please contact Jamison at JMacMain@macelree.com. 

Filed Under: Articles by Our Attorneys Tagged With: Jamison C. MacMain, Jamison MacMain

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