Below is a review of the posts on Facebook and LinkedIn from the past week. You can check out the full posts by clicking on the links.
NOTE: remember that we now post every other day.
The posts on Monday 6/8/2026, here and here, alerted that DOL rescinds Biden-era overtime rule, formalizing return to 2019 salary threshold.
The U.S. Department of Labor’s Wage and Hour Division made this announcement more than a year after federal courts vacated the 2024 regulations. The new rule is now in effect. Let’s review the history and then come back to today.
The 2024 rule raised the earnings threshold to qualify for overtime in July 2024 from where it had been as issued 2019. Both 2019 and 2024 dollar amounts are noted in the post. It was set to increase again on Jan. 1, 2025 (again, the amount is in the post) and would have increased periodically from then on.
Except that in late 2024, two federal district courts in Texas vacated that year’s final rule. Then after DOL dropped its appeals of the decisions earlier this year, the 5th U.S. Circuit Court of Appeals dismissed the cases and the orders of the district courts are final judgments.
So what does this all mean? First, there really is no surprise since in September 2025 the current administration said it would revisit the 2024 rule. What DOL said on that agenda is detailed in the post. Not only does this change restore the threshold to 2019 levels, but it removes the triennial adjustments.
But that’s not all that employers should keep in mind when it comes to overtime pay because the salary threshold is only one part of the three-part conjunctive test. The other two parts of the overtime exemption test under the FLSA are described in the post.
DOL did not provide any further comment.
TAKEAWAY: Employers must know how to properly pay their workers.
The posts on Wednesday 6/10/2026, here and here, asked: Can condo or HOA regulate street parking? We noted that this issue comes up all the time …
We apologize because after the post was published, the link to it became a paywall. But let’s talk about this subject anyway. A threshold question is whether the streets at issue are private or public.
HOAs can sometimes regulate parking on public streets, but generally not in the same way it enforces rules on private property it owns. Public streets fall under municipal (usually local or state) jurisdiction and an HOA has no inherent police power over those streets. But can the distinction between “enforcing a traffic rule” and “enforcing a contract” make the difference? If the CC&Rs (Declaration) prohibit parking on public streets, then a court might enforce that contractually.
But the first question truly is whether the street is private or public. If public, it would be owned and maintained by a municipality, open to anyone, and governed by municipal traffic ordinances. In contrast, a private street is owned by the HOA or developer, often is gated or posted, and is subject to whatever rules the association sets. Because the HOA owns the streets, it can regulate parking however its governing documents allow.
In some circumstances it might be hard to tell if a road is private or public, For example, a road owned and maintained by an HOA could still be considered public if it is accessible to public travel and not posted as private. Some ways to check on the public / private status are to look at county property records, see who handles maintenance and plowing, and note whether the street signs are official government-issued markers or community-installed signage.
Ok, so where does an HOA get its authority? From the recorded CC&Rs (Declaration). Those restrictions (and obligations) are binding on the owners of all hoes in the community – there is a contract in place that can include parking restrictions, vehicle type limits, and rules about where you store boats or trailers or more. On both the private streets and HOA common areas (those owned by the HOA, like open spaces, playgrounds, community buildings and more), enforcement is straightforward: the association controls and can tow, fine, or restrict access. But it is quite the opposite on public streets. The HOA cannot direct police to issue tickets and has no authority to physically remove vehicles. But the CC&R contract remains binding on homeowners and that is where most public-street enforcement actions actually originate.
Staying with the contractual enforcement aspect, if for example (and as is common) the CC&Rs prohibit the parking of commercial vehicles, RVs, or boats on any street within the community, then that prohibition applies regardless of whether the street is public or private. Why? Because the HOA is not enforcing a traffic law, but the (CC&R) contract. Some state courts have expressly upheld this approach.
But there are limits to what an HOA can do on a public street, even when the CC&Rs contain parking restrictions.
- Towing, Booting or Immobilizing: An HOA generally cannot authorize a tow truck to remove a vehicle from a public street or boot or otherwise immobilize a vehicle. Rather, that is left to law enforcement. An HOA that causes a vehicle to be towed from a public street, or booted or immobilized on the public street, without legal authority exposes itself to legal liability (perhaps both civil and criminal); and
- Issuing traffic citations: Again, only law enforcement can issue enforceable traffic tickets. HOA’s can issue violation notices but they carry no legal weight.
HOAs also generally cannot enforce parking restrictions against people who never agreed to the CC&Rs (because they are not a party to that contract). That would include owners’ guests and delivery drivers. Any enforcement action would need to be against the homeowner who invited the guest or ordered the product/service being delivered, and then only if the CC&Rs make the homeowner responsible for guest compliance.
When an HOA decides that a homeowner has violated a parking rule, it usually targets the homeowner’s wallet and property rights instead of the vehicle itself. There is normally a procedure that is followed, such as a written warning for first-time violations, then fines. The amount of the fine may depend what the CC&Rs (or other rules enacted by the HOA) provide. The HOA also might be required to provide notice and opportunity for hearing before issuing a fine. And the HOA might also be able to suspend access to community amenities like pools, fitness centers, or clubhouses. And if the fines are not paid, then they are treated just as are unpaid assessments, meaning they can (or do) lien the property itself. Then the HOA can collect on that lien, including foreclosing (under the process dictated by state law).
Some of the most common HOA parking disputes do not involve where a vehicle is parked, but rather what kind of vehicle it is. HOAs frequently restrict commercial vehicles, recreational vehicles, boats, trailers, and oversized trucks from being parked in certain places (or at all) within the community, including on public streets. But enforcement still follows the public-private distinction analyzed above.
But then federal law adds an important layer that overrides CC&R parking restrictions in certain situations. The Fair Housing Act makes it illegal for an HOA to refuse a reasonable accommodation in rules, policies, or services when the accommodation is necessary for a person with a disability to have equal opportunity to use and enjoy their home. What that often means in practice is that if a homeowner with a mobility disability needs a reserved parking space close to their unit and the CC&Rs prohibit reserved street parking, the HOA must grant an exception. And the HOA cannot charge extra fees or deposits as a condition of granting the accommodation. An HOA that retaliates against an homeowner for requesting a disability-related parking accommodation violates the FHA.
TAKEAWAY: whether public or private, an HOA may still be able to restrict parking of (certain) vehicles and issue fines or take other action for violations.
The posts on Friday 6/12/2026, here and here, were about Pennsylvania estate administration: changes executors need to know. These things can save money and time. (Contact us if you need assistance.)
The changes include how estates are opened, how retirement accounts are handled, and how courts process routine matters. Let’s take a look at each.
Remote Probate Appointments: One of the most practical improvements to come out of the pandemic has taken hold: many Pennsylvania counties now allow executors to qualify for their appointment via video call with the Register of Wills rather than appearing in person. And that can be a big deal, especially for executors who are out of state. See the post for the traditional process.
But not every Pennsylvania county has adopted remote qualification. Ask your attorney early on if that is an option for you.
SECURE Act Impacts on Estate Administration: The Inherited IRA Problem. The SECURE Act and SECURE 2.0 have created one of the most common, and most misunderstood, issues in estate administration today: the treatment of inherited retirement accounts. Under the old rules, most non-spouse beneficiaries could “stretch” an inherited IRA over their own life expectancy, taking small required minimum distributions each year. This allowed the tax-deferred growth to continue for decades. But that has now changed and may create a big tax burden for some beneficiaries – see the post for the change. Executors must know to whom this change applies (and some details about that are also in the post). And while executors are not responsible for income tax decisions made by beneficiaries about inherited retirement accounts, they need to ensure that beneficiary designation forms are located, account custodians properly notified of the death, and accounts correctly re-titled or distributed. Some things that can cause problems are also noted in the post.
If the estate itself is named as a beneficiary of a retirement account (instead of one or more individuals), that involves different rules. See the post for more on that.
Pennsylvania Inheritance Tax: Administrative Practice Notes. The inheritance tax return (REV-1500) must be filed within nine months of death. The 5% early-payment discount is still available for tax paid within three months. That can be a huge savings on larger estates. A few other things executors should know:
–Joint accounts with a right of survivorship are subject to inheritance tax to the extent of the decedent’s contribution There is a spousal contribution presumption (see the post) that affects the tax amount.
–IRAs and 401(k)s are subject to Pennsylvania inheritance tax, regardless of the named beneficiary. This means that the value of the retirement account at the date of death is included in the Pennsylvania taxable estate even though it passes outside of probate.
–Life insurance paid directly to a named beneficiary is generally exempt from Pennsylvania inheritance tax. How that can be useful is noted in the post.
Executor Liability: A Reminder. Executors in Pennsylvania serve as fiduciaries, meaning they owe duties of loyalty and care to the beneficiaries of the estate. The most common sources of executor liability (based on a breach of that fiduciary duty) include distributing assets before creditor claims are resolved, failing to timely file the inheritance tax return, making investment decisions that are inappropriate for an estate account, and the other things listed in the post.
TAKEAWAY: The best way to protect yourself as executor of an estate is to work with an experienced probate attorney from start. The attorney will assist you with the process that has legal obligations and