While the COVID-19 vaccines and their boosters continue to roll out to the public, the Pew Research center has reported that one in four Americans said they would either “probably” or “definitely” not get the vaccine. So, what does that mean for those individuals when it affects their livelihood? Continue reading to learn some exceptions to mandates that employers can place over their employees. Employers can legally require their employees to get vaccinated. They can even fire employees who are not willing. And in the midst of an unemployment crisis, Americans will really have to think twice about whether not receiving the vaccine is more important than keeping their job. Would employers really terminate employees who don’t want the vaccine? The short answer is, yes. For many small businesses like restaurants, having all their employees vaccinated provides an advantage in the post-Covid era. Think about it: If a restaurant owner can say all their employees have been vaccinated, it makes customers feel safer and more relaxed eating there, which is necessary for their business. Of course, there are a few noteworthy exceptions to the vaccine mandate. Unionized workforces: If a workforce is unionized, the collective bargaining agreement could require negotiating with the union before requiring a vaccine. Medical reasons: Employees under the Americans with Disabilities Act can request an exemption. In this case, the employer would have to provide proper accommodation, like allowing the employee to work from home. Religious beliefs: Under Title VII of the Civil Rights Act of 1964, people can potentially opt out if they consider the vaccine a violation of a “sincerely held” religious belief. See more information on this below. One thing is clear though: If employers do require their employees to be vaccinated, they are not liable for side effects that may develop. These would be routed through worker’s compensation programs and treated like an “on-the-job injury.” Since employers are waiting to make it a requirement over the next few months for more of a significant number of people to be vaccinated, right now employers might consider simply offering perks for employees for getting vaccinated. For example, one reward could be not requiring employees who received the vaccine to wear masks or have their temperature taken. Other employers might go as far as offering financial perks to those receiving the vaccine, like cash bonuses. It is critical that you understand your rights as an employee. American workers everywhere have seen their job status thrown into uncertainty over the coronavirus pandemic. But you have options to maintain some control – the mandates still provide employees with the ability to apply for medical or religious exemptions to the vaccine. Employers are instructed to implement their own policies for requesting exemptions. Although an employee may receive an exemption from being required to receive the vaccine, they will still be required to comply with other standards set in place. To get you started with your exemption, download our religious exemption letter below. Download our religious exemption request letter here. This is a constantly unfolding issue and our firm is dedicated to keeping you up to date anytime there are developments. Additionally, if you have questions about regulations or implications on your children or families, please consult a knowledgeable Fiffik Law Group attorney regarding your options. Our firm can help you understand your rights and obligations as well as plan a response to the new policies.

Having a new baby is expensive. According to the USDA Report: Expenditures by Families on Children, a family will spend over $13,000 annually on a new child. New parents are often surprised when everything costs more than expected. Where will the money come from? A recent change in the law offers access to much-need funds from an unexpected source – your retirement account. USE YOUR IRA OR 401(K) TO COVER NEW BABY EXPENSES The federal SECURE Act (the “Act”) brought significant changes to how many Americans plan for retirement. One of the more popular changes is good news for anyone thinking of starting a new family or adding to an existing one. Following the birth or adoption of a child, parents are permitted to withdraw up to $5,000 from an IRA or 401(k) plan without incurring a 10% early withdrawal penalty. Prior to the SECURE Act, individuals under 59 ½ that withdrew pre-tax funds from an IRA or 401(k) plan would incur a 10% early withdrawal penalty and have the entire distribution treated as taxable income in the year it was taken. HOW DO I GET MY $5,000? After the birth or adoption of a child (the “qualifying event”), a parent is permitted to take a distribution of up to $5,000 from an IRA or a 401(k) plan. Timing of the distribution is particularly important since the withdrawal must be taken after the birth or adoption of a child. Parents have up to one (1) year following the date of birth or date the adoption is finalized to take the distribution from their retirement account to avoid the 10% early withdrawal penalty. DOES THE $5,000 LIMIT APPLY TO EACH PARENT? Yes, the $5,000 distribution is available on a per parent, per child basis. For a married couple, each spouse can take a penalty-free distribution of up to $5,000 for a qualified birth or adoption. EXAMPLE: Let’s assume a married couple, Mr. & Mrs. Watt, each with their own employer-sponsored 401(k) plans, had twins on January 1, 2021. Both parents may take up a $5,000 distribution for each child from their respective retirement account, for a combined distribution of $10,000 per parent, any time up until December 31, 2021. WILL I OWE INCOME TAX ON AN EXEMPT EARLY WITHDRAWAL? Yes, but it is avoidable. The 10% early withdrawal exemption is available for each qualified birth or adoption, making you eligible for a penalty-free distribution.  Please note, while this exemption allows parents to avoid an early withdrawal penalty, the withdrawal is still treated as taxable income in the year the distribution occurs. You can avoid all tax on the withdrawn money if you return it to the same or different IRA or tax-deferred investment within sixty (60) days. Explore 12 Ways to Avoid IRA Early Withdrawal Penalties and Taxes ARE THERE ANY DRAWBACKS TO TAKING AN EXEMPT EARLY WITHDRAWAL? It depends on your circumstances. While the $5,000 could help manage expenses associated with the birth or adoption of a new child, you should consider other options before tapping into your retirement account. It is important to understand how taking a withdrawal will affect your overall financial situation, including any potential liabilities you may incur. Please consult your attorney or tax advisor to provide a more in-depth analysis. IS THE EXEMPTION AVAILABLE TO EVERYONE? While the SECURE Act authorizes up to $5,000 penalty-free distributions after the birth or adoption of a child, companies decide whether they provide this option to their employees. Please contact your employer to find out if your retirement plan has this option. Having a Baby is a Great Time to Get Your Will Done You’ve got a (bigger) family now – it's time to make sure they’re taken care of after your gone. Get your Will started today – we make it very easy. For more information about the SECURE Act or questions about estate planning for your family, please call (412) 391-1014 to be connected with one of our experienced estate planning attorneys. We make it easy to protect your family and plan for retirement. We guide you and your family using our flat fee billing methods so there is never a surprise with one of our invoices. Our attorneys prepare thousands of wills, trusts, powers of attorney, and healthcare directives annually for people all across Pennsylvania just like you.

Do This Before You Leave Your Kids with Someone While Away Vacations with the kids are great but sometimes you need some adult time. It's not uncommon for parents to leave kids with a grandparent, sibling, aunt/uncle, or even friends of the family during an adult vacation or business trip. You hope that no emergencies arise while you’re gone. Just in case something were to happen, you leave the caretaker with your cell phone number and other details so they can contact you in case of an emergency. That’s not enough. What if your child has a medical emergency and you can’t be reached? Maybe you’re in a bad cell area, or in a conference where you can’t be bothered. Your caretaker might need to make quick decisions and have the authority to make them. That’s where a medical power of attorney for your child is critically important. Medical Consent for a Minor Under the Medical Consent Act, a parent who is temporarily unable to care for the needs of a minor child or children may designate an adult to consent to medical and/or mental health treatment for a minor child or children. This act permits the designated adult, on behalf of the designated minor or minors, to consent to medical, surgical, dental, developmental, mental health, or other treatment. Such a designation must be in writing and must be signed by the parent in the presence of two witnesses who are at least eighteen (18) years old. The adult who is being given the power to consent to the treatment specified also must sign the document. Legal custodians and legal guardians of minor children may also designate another adult to consent to treatment on behalf of the minor or minors for whom they are responsible. Click Here to Download our Free Medical Consent for Minors Form An important way that you can love and care for your family is to get your Will and estate plan in place. Our experienced and trustworthy estate planning lawyers at Fiffik Law Group are here to help. Our lawyers have helped over 40,000 clients get their estate plans in place and we’re ready to bring that experience to bear for your family. We make it easy – get your estate planning started today.

The school mask mandate scheduled to end on December 8, 2021, will continue indefinitely. The PA Supreme Court of Pennsylvania recently ruled to restore a lower court ruling that will keep the mask mandate on school children in effect. Timeline of the Pennsylvania School Mask Mandate August 31, 2021 – Acting Health Secretary of Pennsylvania, issued an order requiring all students, staff, and visitors to wear masks in school, at school functions, and on school grounds (Order took effect September 7, 2021). October 10, 2021 – Parents of children attending PA schools file a lawsuit against Health Secretary Beam seeking to have the mask mandate deemed unconstitutional. November 10, 2021 – PA Commonwealth Court rules that Health Secretary Beam’s mask mandate was unconstitutional and did not comply with PA laws about writing or approving legislation. November 11, 2021 – Governor Tom Wolf appealed the lower court’s ruling and the PA Supreme Court stayed the decision. Meaning the Commonwealth Court’s decision to overrule the mandate does not take effect and therefore the mandate is still enforceable. November 17, 2021 – The Commonwealth Court ruled that the stay granted to Governor Wolf’s administration is lifted and the mask mandate must end by December 4, 2021. November 30, 2021 – The Pennsylvania Supreme Court overrules the November 17 decision while the high court considers an appeal. This returns the mask mandate to effect until at least December 8, 2021. Takeaways for Parents As of this moment, the mask mandate in PA schools is still in place. The Supreme Court’s ruling keeps the mask mandate in effect until the court can rule on the appeal granted to Governor Wolf’s administration. The ruling stated that the mandate will remain in effect until December 8, 2021, but it is unclear at the moment whether that is a firm deadline. Governor Wolf’s administration in previous statements hinted at the fact that individual school districts will be able to implement policies regarding mask mandates starting on January 17, 2022. Options for Parents and Children Your children will still be required to wear masks while they attend school. As discussed in our previous articles, there are still options to exempt your children from this policy. Parents can apply for both a religious or medical exemption from the mask mandate. There are several elements that need to be met in order to secure an exemption. This is a constantly unfolding issue and our firm is dedicated to keeping you up to date anytime there are developments. Additionally, if you have questions about regulations or implications on your children or families, please consult a knowledgeable Fiffik Law Group attorney regarding your options. Our firm can help you understand your rights and obligations as well as plan a response to the new policies.

Driving After DUI Conviction: Can You Get a Work Permit? If you plead or are otherwise found guilty of DUI in Pennsylvania, your driving privileges will be suspended. For a first offense DUI, the license will be suspended for one year. Subsequent DUI convictions have more severe penalties. It is possible to get a restricted drivers license to drive to work or school, but it depends on whether your DUI was also associated with a refusal to submit to a field sobriety test. Consequences of Refusing a Breathalyzer Test When you get pulled over in Pennsylvania on suspicion of DUI, the police officer might ask you to take a breathalyzer test. When you become a licensed driver in Pennsylvania, the fine print on your application states that by signing your name, you imply you are giving consent to take a breathalyzer test whenever a law enforcement officer requests it. By refusing this test, you are breaking the law, even if you have not been drinking. When you blow into this handheld device, it gives a reading of your blood alcohol concentration (BAC). The legal limit is 0.08 percent. Depending upon the jurisdiction, the officer might not ask you to take a breathalyzer test. Different police departments have different protocols for DUI stops. In some places, the officer might first subject you to a field sobriety test, which involves agility drills to help determine your level of intoxication. Only if you fail these tests can the officer ask you to take a breathalyzer. No matter which tests you are asked to take, refusal to do so may constitute a violation of the implied consent law and result in license suspension. Occupational Limited Licenses An occupational limited license (OLL) authorizes you to drive a designated motor vehicle, under certain conditions, when it is necessary for the driver’s occupation, work, trade, medical treatment or study. An OLL is often referred to as a work permit or bread and butter license. Unfortunately, if someone does get a breathalyzer refusal and his license is suspended for a 12-month period, there is no chance to get an occupational limited license. In fact, you’ll serve a license suspension in addition to the one assessed for the DUI conviction. Penalties for breathalyzer test refusals are harsher than those for DUI is many ways. For DUI, after a 60 day period into the DUI-related license suspension, that person would be eligible for an occupational limited license. The OLL, once granted, applies to the final 10 months. Depending on your violations you may have to obtain an Ignition Interlock (II) Occupational Limited License (OLL).  So for the first 60 days, you cannot drive and your license is truly suspended. But for the final 10 months of a DUI-related suspension, you would be eligible for an occupational limited license. To Apply for an OLL: You must complete Form DL-15 (PDF) Occupational Limited License Petition. Follow the instructions on the petition. Send it, along with the appropriate fee, to the address listed on the form. Be sure to keep the DL-15A (PDF) portion with your OLL once received. PennDOT will evaluate the petition and determine your eligibility by reviewing the violations on your driving record. If you do not qualify for an OLL, you will be sent a letter denying your application. If you qualify for an OLL, you will be sent an OLL camera card, which you will need to take to the nearest Photo License Center to have your photo taken and receive your OLL. Get DUI Help If you are facing DUI or implied consent charges in Pennsylvania, a criminal defense lawyer at Fiffik Law Group, P.C. wants to help. Call us today at 412.391.1014 for a free case evaluation.

Police Improperly Seize Cellphone Data A Pennsylvania appellate court has ruled that evidence derived from a police officer casually asking a suspect to see his cellphone without an explanation of the suspect's rights regarding the subsequent "data dump" was correctly suppressed in the criminal case. Can I Look at Your Phone? The defendant was suspected of committing a crime. He was asked by the police to come in for informal questioning. The defendant went without his parent or an attorney. The police set him at ease by telling him that he was not under arrest and was free to leave anytime. During the subsequent conversation, the police asked the defendant if they could look at his cellphone. The defendant agreed and showed the police pictures on the phone and the police. The police, after asking the defendant to sign a long, complex “consent form”, downloaded all of the data from the defendant’s cellphone. The defendant was subsequently charged with a crime and the police attempted to use the cellphone data against him at trial. Court Suppresses the Cellphone Data The court in Commonwealth v. Gallagher granted the defendant’s motion to prevent the police from using the data from his cellphone against him at trial. The defendant was free to refuse the police’s request to see his phone and could have limited or withdrawn his consent at any time. The court determined that the police failed to inform him of his right to refuse the request to see his cellphone. The form they had the defendant sign also failed to inform him what kind of search and seizure he was agreeing to. The court noted: Based on the question Gallagher was asked in the context of their conversation, it is far from clear that “looking at” his phone would include a complete data dump, as opposed to flipping through his photograph folder, which is what Gallagher was doing when the officer asked if Gallagher would mind if he “looked at” it. Lessons Learned If you’re suspected of committing a crime, the stakes are incredibly high for you. Once you’re charged, conviction rates are typically very high. You have to work as hard as possible to avoid being charged in the first place. Getting legal help early in the process is crucial. There are a few takeaways from this case. 1. Your cellphone data is legally protected. The court reaffirmed U.S. Supreme Court precedent recognizing that it is unlawful for the police to access any information from your cellphone without a warrant or without the fully informed and voluntary consent of the cellphone owner. 2. Don’t Attend a Police Interview Without an Attorney. If the police ask you to come in for questioning, they usually do not have enough information to charge you with a crime or all of the crimes they suspect that you’ve committed. You have no obligation to speak to the police when asked to do so. You should not speak to the police without first speaking with an attorney. 3. Don’t Sign Police Forms Without Speaking with an Attorney. If you’re asked to sign any kind of consent or waiver form by the police, do not sign it without at least reading it. The better course of action would be to not sign it without consulting with an attorney. If you or your child are asked to speak with the police, do nothing until you’ve consulted with one of the experienced criminal defense attorneys at Fiffik Law Group. We can help protect your rights and defend your reputation and right to liberty.

A judge in Louisiana has stopped a federal mandate requiring health care workers to get the COVID-19 vaccine from going into effect. U.S. District Judge Terry Doughty granted the preliminary injunction yesterday. The now-delayed mandate required that most healthcare workers have at least one vaccine by December 4, 2021. Workers in facilities that received federal payments in the way of Medicaid or Medicare benefits were impacted. That covered the vast majority of healthcare workers. The judge's order says it will apply to all but 10 states where a preliminary injunction had already been put in place on Monday by a federal judge out of Missouri. This includes Pennsylvania. The preliminary injunction is temporary, and a higher court will ultimately decide the fate of the rule. Healthcare workers who have a valid medical or faith-based reason for not being vaccinated are exempted from the mandate. You can download our faith-based request for vaccine exemption here. We’ll continue to update you on developments in this very important debate.

Should You Sell Your House Before Your Divorce is Finalized? The median price of single-family existing homes rose in nearly all -- 99% -- of the 183 markets tracked by the National Association of Realtors in the third quarter of 2021, with double-digit price increases seen in 78% of the markets. While there have certainly been hot seller’s markets in the past, none quite compare to the current market where more than 50% of homes for sale have fetched over the asking price. If your divorce also means selling the house, remember that when you do it matters. Divorce Tax Trap: Capital Gains Tax If you sell your home at a profit, you might have to pay capital gains tax. Capital gains tax is a tax on the profit from the sale of your home. Before you can calculate how much you owe in taxes on any home sale, you need to figure out your tax basis in the property. In simple terms, the basis is the amount of capital investment you have in the property for tax purposes. That tax basis is going to depend on how you came to own your home. If you bought your home, the cost basis in the property starts with the purchase price. Certain closing costs for the home are also included. If you have any expenses you put into the property for remodeling or construction that add to the value of the property or prolong its life, those are also part of your cost basis. Finally, if you pay any taxes that the seller was supposed to pay, this also counts as part of your tax basis. Here’s a quick example to give you a better understanding of how this works: You buy a property for $200,000. There are $10,000 in closing costs. You pay $5,000 in taxes which would otherwise be owed by the seller. Finally, you put $20,000 in for remodeling. That makes your total cost basis in the property $235,000. If you sell your home for $450,000, your profit that is possibly subject to capital gains tax is $215,000. That capital gains rate most people pay is 15%. Capital Gains Tax Exclusion You can exclude up to $250,000 from your taxable capital gains on a property used as your residence for at least two years. A married couple can exclude up to $500,000 from the sale of their house when filing jointly. The timing here is everything. If you think you’ll net over $250,000 in profit from the sale of your home, it would be wise to sell the house ahead of the divorce filing. If the property is instead transferred to one spouse and sold later, that tax exclusion drops to $250,000 and you’ll pay 15% on every dollar of profit above $250,000 when you sell it on your own. If you failed to sell the house prior to filing divorce, you may what to take this hidden tax into consideration when negotiating the equitable distribution of your other marital assets. Plan Before You File Divorce If you’re thinking about divorce, our experienced and trustworthy divorce lawyers at Fiffik Law Group are here to help you decide when the time is right to file and how to avoid hidden divorce tax traps. Our lawyers have provided guidance to thousands of clients and we’re ready to bring that experience to bear in your case. Contact us today.

You Might be Paying Too Much For Child Support Once a child support order is set by the court, you may feel as though the terms of the order are set in stone. Circumstances in life change, and in some cases, the situation may entitle you to a decrease in the amount of child support you’re paying. Either parent may file for child support modification not less than six months after the original order is put in place. As an obligor parent, you need to show that there has been a substantial change in circumstances that warrants modification of the existing order. Reasons for Decreased Support Order Substantial changes justifying a request to decrease the amount of child support you pay: A decrease in your income through an involuntary job loss, employer closes down, layoff, disability, reduction in number of work hours, etc. A substantial increase in the custodial parent’s income via a raise, new job, increased work hours, etc. The custodial parent receives a large lump-sum settlement from an injury or worker's compensation case. Alteration of custody schedule. If you have your child more time than your prior custody schedule provided for, the court may be willing to increase your support. A child graduates high school and/or turns 18 years of age. You have a child with a different person. The custodial parent remarries or is cohabitating with another person who shares expenses with them. Beware of “Self-Inflicted” Circumstances Should your income drop dramatically due to a voluntary change in employment, such as quitting a high-paying job to take a low-paying job, the court is more likely to deny a request to decrease child support payments. The court has the discretion to determine whether a substantial decrease in income has been made to decrease your child support obligation. Citing unemployment as a reason does not necessarily lead to approval of your petition for modification. A judge might expect you to keep looking for work or accept work outside of your normal field. You may face an uphill battle to show that your job loss will be permanent instead of temporary. However, judges are in a position that allows them to consider individual circumstances. Although the financial shock of unemployment is a top reason for considering a support modification, being forced to accept lower-paying work may in the end convince a judge to approve a modification. Modifications Are Retroactive Decreased support orders are retroactive to the date you first filed your official request for an increase. That’s why it’s important to not delay filing when you know circumstances exist to decrease your order. Our Attorneys Can Fight for Your Child Support Reduction Asking a judge to decrease your child support payment may be met with skepticism. It will not be welcome by the custodial parent – in fact, they’re almost guaranteed to be really angry. We encourage you to consult with one of Fiffik Law Group’s experienced child support lawyers to help you fight for your right to reduce your child support obligation. We have more than 40 years of experience guiding parents through family court and helping them establish and modify child support orders.

Are You Entitled to an Increase in Child Support? Once a child support order is set by the court, you may feel as though the terms of the order are set in stone. Circumstances in life change, and in some cases, the situation may entitle you to an increase in child support. Either parent may file for child support modification not less than six months after the original order is put in place. As a custodial parent, you need to show that there has been a substantial change in circumstances that warrants modification of the existing order. Reasons for Increased Support Order Substantial changes justifying a request for modification may include: A substantial increase in the obligor parent’s income via a raise, new job, etc. Obligor receives a large lump-sum settlement from an injury or workers' compensation case. A decrease in your income through an involuntary job loss, disability, etc. Increases in the child’s need due to a disability or other circumstances. Alteration of custody schedule. If you have your child more time than your prior custody schedule provided for, the court may be willing to increase your support. Beware of “Self-Inflicted” Circumstances Should your income drop dramatically due to a voluntary change in employment, such as quitting a high-paying job to take a low-paying job, the court is more likely to deny a request to increase child support payments. The court has the discretion to determine whether a substantial decrease in income has been made to increase an obligor parent’s child support obligation. You would need to show that any reduction in income was made in good faith for the court to grant their request. Modifications Are Retroactive Increased support orders are retroactive to the date you first filed your official request for an increase. That’s why it’s important to not delay filing when you know circumstances exist to increase your order. The courts may allow for retroactive increases in child support orders prior to the date you filed. For example, retroactive increases may be ordered if the obligor parent fails to notify the recipient parent of any increases to income via job promotion, the sale of assets, etc. Our Attorneys Can Fight for Your Child Support Increase Asking a judge to increase your child support payment may be met with skepticism. It will not be welcome by the obligor parent – in fact, they’re almost guaranteed to be really angry. We encourage you to consult with one of Fiffik Law Group’s experienced child support lawyers to help you fight for your right to increased child support. We have more than 40 years of experience guiding parents through family court and helping them establish and modify child support orders.

How Much Will Your Child Support Be? Child support is the responsibility and obligation of both parents to provide for a child’s physical, emotional and mental well-being. It is not simply a financial matter, as many people assume. In any instance where a child’s parents are no longer living together or married, the residential parent is entitled to support from the non-residential parent. The main question most parents have when the topic of child support comes up is how the court determines the amount of child support that the support paying parent will be ordered to pay. Child support in Pennsylvania is calculated by a mathematical formula set forth in law. In general, child support in Pennsylvania is calculated using the “income shares” model so that each parent’s share of the basic support obligation is proportional to his or her monthly net income. The court can deviate from this formula based upon several circumstances relevant to the family situation. What Factors Do Family Courts Consider When Calculating Child Support? Pennsylvania courts consider four primary factors when calculating child support: Monthly Income After Taxes: How much a parent has to pay in support is based on each parent’s monthly income after taxes, other mandatory deductions, and alimony payments. Number of Children: Child support is based on the number of children who will be receiving support and how custody is arranged for them. Physical custody schedule: The parent who has the most overnight visits with the child (generally, the custodial parent) will receive child support. For non-custodial parents who have their child stay overnight 40% of the year, there may be a discount on child support. Additional Expenses for Raising a Child: If the child has a disability or another issue that can influence living expenses, these can be factored into the case. How Much Will a Parent Have to Pay in Support? In Pennsylvania, child support is calculated by: Determining Each Parent’s Income: First, each parent’s monthly income needs to be determined. This includes salaries, hourly wages, rental incomes, investments, and any other forms of income. Each side should subtract the amount of taxes they will pay to get their monthly income. Example: Parent A nets $5,000 a month. Parent B nets $3,000 a month. Adjusting for Spousal Support/Alimony: If one parent is receiving alimony or spousal support, then that amount should be added to his or her monthly income. In addition, the parent who is paying alimony or spousal support should subtract those payments from his or her monthly income. Example: Parent A makes $5,000 a month but pays $500 in alimony. Parent A’s monthly income is $4,500 after alimony, while Parent B’s income is $3,500. Combining Both Incomes: Once you have the monthly incomes, add them together. Example: The combined monthly income is $8,000. Calculating How Much Each Parent Contributes: After you have the total monthly income for both parents, take each parent’s monthly income and divide it by the total income. Example: Parent A’s monthly contribution is $4,500/$8,000 or 56%. Parent B’s monthly contribution is $3,500/$8,000 or 44%. Reviewing the Child Support Schedule: Child support may be adjusted based on the number of children involved, according to the Pennsylvania Child Support Schedule. To determine the minimum amount of support, you should compare the number of children to the combined monthly income on the schedule. Example: There are two children involved in this case. For a combined monthly income of $8,000, basic child support is set at $1,795. Multiplying the Basic Child Support by the Contribution Percentage: If a parent is responsible for paying support, he should multiply his contribution percentage with the basic child support amount. Example 1: Parent A does not have physical custody and is responsible for paying child support. Support is calculated at 56% x $1,795 or $1,005.20. Example 2: Parent B does not have physical custody and is responsible for paying child support. Support is calculated at 44% x $1,785 or $789.80. Adjusting for Additional Expenses: If there are any additional expenses, each parent may be responsible for paying them based on his or her contribution percentage. This can include daycare, babysitting, or athletic fees. Example: Both parents have to pay for daycare, which is $500 a month. Parent A would pay 56% x $500 or $280. Parent B would pay 44% x $500 or $220. If you need assistance estimating child support, you can also calculate it online. Can Child Support Be Adjusted? A parent may be able to modify the amount of child support when he or she experiences a change in living situations. For example, if the supporting parent loses her job, experiences a sudden injury, or is going through bankruptcy, her attorney may be able to petition for child support payments to be paused or lowered based on her new income. However, the opposite is also true. If one parent receives a pay increase and is more capable of providing for a child, then payments may be adjusted on both sides. For example, if the custodial parent receives a promotion at work, then the amount of support she receives can be lowered. Or, if a non-custodial parent gets a new job that pays more, then she may have to pay more in support. Calculating a child support obligation can be difficult. We encourage you to consult with one of Fiffik Law Group’s experienced child support lawyers to discuss all your options if you have an issue paying or receiving child support. We have more than 40 years of experience guiding parents through family court and helping them establish and modify child support orders

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its highly anticipated emergency temporary standard (ETS). This standard reflects the policy and goals announced by the Biden administration in September to get all workers vaccinated. OHSA’s ETS is expected to cover about two-thirds (2/3) of private-sector employees, roughly 76 million workers. Although the ETS is commonly framed as a vaccine mandate, employees still have options regarding their vaccination status. ARE YOU REQUIRED TO GET THE COVID VACCINE? Not necessarily. All private companies that employ 100 or more employees must require that employees either (1) become fully vaccinated or (2) wear a mask and submit to weekly COVID-19 tests (mask-and-test). Fully vaccinated, as defined by the ETS, means two doses of the Pfizer or Moderna vaccine or one dose of the Johnson and Johnson vaccine (full vaccinations do not require a booster). Partial vaccinations do not meet the ETS requirements, and therefore employees will either need to receive their second dose or mask-and-test until fully vaccinated. The vaccination and testing requirements will become effective on January 4, 2022. However, unvaccinated employees will begin wearing masks starting on December 5, 2021. The ETS requires that employers provide paid time off (PTO) of up to four hours for employees to receive the vaccination. This PTO may also be used to recover from vaccine side effects that prevent an employee from working. In the event that an employee chooses to mask-and-test, the employer is not responsible for the costs of the weekly COVID-19 tests. WHAT EMPLOYEES ARE COVERED UNDER THE ETS? Employees of companies that employ 100 or more employees must comply with the requirements of the ETS. There are some exceptions, however, to which employees are covered under the ETS. The exceptions include: independent contractors employees from staffing agencies employees who work fully from home (a vaccine or mask-and-test must be done if an employee ever returns to the office) employees who work completely outdoors The ETS focuses on workplace safety and does not apply to those who work entirely remote or are independent contracts. However, employees who work on a hybrid schedule will be covered under the ETS’ requirements. A good rule of thumb: if you ever go into the office or are around co-workers you will need to be vaccinated or mask-and-test. EXCEPTIONS TO THE VACCINE MANDATE The ETS does provide employees with the ability to apply for medical or religious exemptions to the vaccine. Employers are instructed to implement their own policies for requesting exemptions. Although an employee may receive an exemption from being required to receive the vaccine, they will still be required to comply with the mask-and-test weekly requirements. The way in which OSHA worded the ETS allows employers to comply with the ETS without fear of violating Title VII of the Civil Rights Act or the Americans with Disabilities Act (ADA). Request our religious exemption checklist. WHAT AN EMPLOYER CAN REQUIRE OF EMPLOYEES Under the ETS, employers are required to notify covered employees of any policies initiated to comply with the ETS or to train employees on new workplace policies. The ETS also requires employers to maintain sufficient proof that employees are either vaccinated or following the mask-and-test protocols. Employers will require cover employees to submit: a record of immunization from the employee’s health care provider; a copy of the COVID-19 vaccination card; or a signed and dated employee attestation (stating that you received a vaccine) Employers are also required to provide employees with CDC materials regarding vaccines, notices that employers are unable to discriminate against civil rights, and notice that the ETS provides for criminal penalties if knowingly false statements are submitted. WILL THIS RULE ACTUALLY HAPPEN? There is likely to be heavy debate surrounding OSHA’s new policies. Politicians on either side of the aisle will campaign for and against the ETS and its various provisions. These legal challenges are especially anticipated from attorney generals in states that oppose the vaccine. EMPLOYEES SHOULD BE AWARE THAT THE ETS PRE-EMPTS ANY STATE LAW OPPOSING VACCINE MANDATES. Therefore, even if you believe that your state has outlawed required vaccinations, the OSHA ETS has overridden that. From an initial interpretation of the ETS, it is likely that it will pass judicial scrutiny. The mandate provides several alternatives for employees who oppose the vaccine. This OSHA release can be confusing and determining whether it applies to you as an employee can be even more difficult. Our knowledgeable team of employment attorneys at Fiffik Law Group are able to assist you in any matters relating to the vaccine and its effect on your employment. If you feel as though you may be affected, please call our office at (412) 391-1014.