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Client Alert Update: NLRB Union Notice Rule Struck Down by Federal Appeals CourtMay 09, 2013
We have previously reported about the National Labor Relations Board (the “NLRB”) and its proposed posting requirement. The proposed rule would have required eligible e...
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CLIENT ALERT: Ohio Legislature Considers Amendments to Receivership LawApril 23, 2013
Currently before the Senate is Substitute House Bill 9 (“ Sub. H.B. 9”), passed by the House on April 10, 2013, which see...
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CLIENT ALERT: Transtar Electric Restrictions on "Pay-if-Paid" Contract Provisions on Appeal Before Ohio Spreme CourtApril 23, 2013
On December 14, 2012, the Sixth District Appellate Court released its decision in Transtar Electric, Inc. v. A.E.M. Electric Services...
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Common Sense on the Highway Becomes Ohio Law: Ban on Texting While Driving Becomes Effective March 22, 2013March 21, 2013
A new Ohio law which bans texting while driving, adopted in late 2012, will officially take effect on March 22, 2013. The law prohibits adult drivers from operating a vehicle while writing, sending, o...
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Plan Your Business's Financial Needs - Before Your SBA Loan Gets SequesteredMarch 11, 2013
The effects of the recent across-the-board reduction in federal expenditures as a result of sequestration, which took effect March 1, 2013, are expected to be pronounced in the private secto...
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Peter Turner: "Acordia II" -- Ohio Supreme Court Revisits "Acordia I" Decision December 19, 2012
Earlier this year (see June 21, 2012 Legal Update) we reported on the Ohio Supreme Court decision in the case of Acordia of Ohio, LLC v. Fishel (“Acordia I”), in which the Court addressed ...
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Failure to Take Precautionary Safety Measures Does Not Automatically Demonstrate A Company's Deliberate Intent To Injure Employees, Says The Ohio Supreme Court In Two Recent DecisionsDecember 17, 2012
Under Ohio law, in addition to filing a workers’ compensation claim, an injured employee can also sue the employer for an intentional tort claim. To prevail under intentional tort, the emp...
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Ohio's Statute of Limitations Reduced for Lawsuits Based on Contracts in WritingOctober 23, 2012
Effective September 28, 2012, Ohio’s statute of limitations for lawsuits based on agreements, contracts or promises in writing (Ohio Revised Code Section 2305.06) was reduced from fifteen years ...
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With the New Health Care Act Upheld, Employers Must Prepare for Future ChallengesJuly 25, 2012
The recent Supreme Court decision upheld almost all of the Patient Protection and Affordable Care Act (PPACA). Although many of the provisions of the PPACA are already in effect, businesses, l...
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Peter Turner Explains Implications of Recent Ohio Supreme Court Decision on Employment Law (Acordia of Ohio, LLC v. Fishel)June 21, 2012
On May 24, 2012, the Ohio Supreme Court issued its decision in the case of Acordia of Ohio, LLC v. Fishel, a case in which the Court addressed the transferability of non-compete agreements when one ...
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Bryan Dardis Outlines Proposed Regulations on "Fracking"June 18, 2012
In this month's Properties Magazine, Bryan Dardis summarizes both existing and proposed government regulations relative to "fracking" on federal land as well as the likely eff...
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Client Alert: What the New "JOBS Act" Law May Really MeanMay 11, 2012
"Join the Crowd? Not Yet" -
Crowdfunding Eases Private Capital Formation (But SEC Rules Await)
On April 5, 2012, President Obama signed the ...
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CLIENT ALERT: Enforcing Safe Workplace Policies May Be Discriminatory According to OSHAApril 26, 2012
Enforcing workplace safety policies just became more complicated and possibly illegal in light of a March 12, 2012 OSHA memorandum. In that memo, OSHA identified several common workplace safety poli...
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CLIENT ALERT -- Yet Another Postponement for NLRB Rule ImplementationJanuary 05, 2012
FOR THE NLRB,
IT IS DÉJÀ VU ALL OVER AGAIN.
This is an update to our Client Alert dated 10/10/2011. If you will recall, we previously reported that the National L...
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Employee Misclassification: Just Ask the Cable GuyNovember 29, 2011
Employee Misclassification: Just Ask the Cable Guy
Companies that think the Feds’ recent crackdown on employee misclassification doesn’t happen in their back yard would be well ad...
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Scott Geneva Discusses Why Estate Planning is Still Critical Despite New Inheritance Tax LawsOctober 24, 2011
In this week's Cleveland Jewish News, Scott Geneva discusses why the new (and more lenient) federal and state inheritance tax laws should not determine whether or not you do estate p...
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NLRB Postpones Live Date for New Posting RuleOctober 10, 2011
Well, we have some good news and some repetitive news for you. On October 5, 2011, the National Labor Relations Board (the “NLRB”) announced that the new ef...
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Mario Fazio Discusses Credits for Green EnergySeptember 20, 2011
In light of the growing concern over the on-going damages to our environment, the issues surrounding the creation of sustainable energy, and the challenges of doing so in economically difficul...
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NLRB Final Rule Requires Employers to Post Notice of Employee RightsSeptember 14, 2011
NLRB Final Rule Requires Employers to Post Notice of Employee Rights
On August 25, 2011, the National Labor Relations Board...
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DuPuy Hip System RecallFebruary 25, 2011
As you may know, DePuy Orthopedics, Inc., a Johnson & Johnson company, has voluntarily recalled the ASR XZ Acetabular System and ASR Hip Resurfacing System that are used in hip rep...
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Are You Liable for Retaliation? ....Employee Relations With Co-workersFebruary 07, 2011
Lester W. Armstrong
Seth P. Briskin
Are You Liable For Retaliation?
The Supreme Court Requires Employers to Consider
Employees' Relationships Wit...
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Exporters of US-Made Goods Get Tax BreakFebruary 05, 2011
Mario J. Fazio
Tac breaks for exporters of US-made goods continues the extension of the so-called Bush-Era tax rates for two more years (2011 and 2012) and includes the continuat...
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Tax Provisions of the 2010 Small Business Jobs ActOctober 25, 2010
Mario J. Fazio
The recently passed 2010 Small Business Jobs Act (“2010 Act”) contains several important ta...
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What You Should Know About the 2009 Federal CARD ActAugust 10, 2010
CLIENT ALERT: Credit Card Accountability Responsibility and Disclosure Act of 2009 (“CARD Act”)
The federal CARD Act, signed into law on May 22, 2009, imposes new regulations on...
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Case Study: The Three Bears and Defending a Workers' Compensation ClaimJuly 20, 2010
Steven P. Dlott
Once a company rejects a workers' compensation claim, the claim will be set for a hearing. The outcome of the hearing is obviously critical in controlling future workers' compensa...
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Ohio H.B. 523 Redefines "Employee" To Combat MisclassificationJune 29, 2010
OHIO H.B. 523 REDEFINES "EMPLOYEE" TO COMBAT MISCLASSIFICATION
In 2009, Ohio Attorney General Richard Cordray announced his intent to crack down on the misclassification of ...
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Health Care Act Provides Immediate Tax Breaks To Small BusinessesApril 16, 2010
For small business owners, the recently enacted Health Care Act provides a tax break to encourage small businesses to adopt or maintain existing health care plans. Starting in 2010, the Health C...
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Ronald Friedberg and Mary L'Hommedieu Win a Defense Verdict in a Covenant Not to Compete Case in Common Pleas CourtMarch 08, 2010
We are pleased to report that Ronald P. Friedberg and Mary Louisa L'Hommedieu won a defense verdict on behalf of our client, a physician, in a covenant not to compete case in Cuyahoga County Co...
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CLIENT ALERT: New Required EEO Poster – November 11, 2009November 20, 2009
The Equal Employment Opportunity Commission (“EEOC”) has revised its “Equal Employment Opportunity is the Law” poster. The new poster reflects the requirements of the Genetic I...
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CLIENT ALERT: TAX BENEFITS FOR EXPORTERS OF US-MADE GOODS IN 2010 AND BEYONDOctober 29, 2009
There is an underused, but very significant, federal income tax break for businesses exporting US-manufactured goods. For these businesses, the tax break can reduce taxes on current income and improve...
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CLIENT ALERT: Federal Contractors Required to Use E-Verify Beginning Sept. 8, 2009October 28, 2009
As a result of a recent federal court decision, and after four separate delays, a new regulation requiring federal contractors to use E-Verify will become effective on September 8, 2009. This&nbs...
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CLIENT ALERT: ROUND ONE OF THE MEDICARE COMPETITIVE BIDDING PROCESS IS UNDERWAY – ARE YOU PREPAREDOctober 27, 2009
If you are a supplier of Durable Medical Equipment, Prosthetic, Orthotics & Supplies (DMEPOS) which you bill Medicare for, significant rule changes are about to change the way you do business.&nbs...
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CLIENT ALERT: DON’T GET “FENCED IN” BY NEW OHIO LINE FENCE LAWOctober 26, 2009
Ohio has enacted a new Line Fence Law that creates new rules for line fence obligations and the process for resolving line fence disputes. A rule of individual responsibility will apply to &ldquo...
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CLIENT ALERT: COBRA Coverage Changes And The Stimulus Plan’s Immediate Effect Upon Employers October 26, 2009
Last Tuesday, President Obama signed into law the American Recovery and Reinvestment Act of 2009. The Act contains provisions that will immediately and significantly affect employers’ obligation...
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CLIENT ALERT: WHO WILL MAKE MEDICAL DECISIONS IF YOU CAN’T? WHAT ABOUT YOUR CHILDREN’S DECISIONS?October 26, 2009
In light of the continuing debate over health care reform, there is a renewed interest in the creation and enforceability of health care advance directives (“Advance Directives”). An&...
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CLIENT ALERT: LIFE INSURANCE VIABILITYOctober 26, 2009
A significant concern of any owner of life insurance should be whether or not the insurance for which you have been making the premium payments will be in place at the time of your death. Th...
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CLIENT ALERT: FTC PULLS OUT THE “RED FLAGS” TO COMBAT IDENTITY THEFT – NEW LEGAL REQUIREMENTS October 26, 2009
The Federal Trade Commission (FTC) has issued a new rule requiring all financial institutions and “creditors” to implement programs to detect, prevent and mitigate instances of identity th...
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YEAR-END LEGAL AUDIT (For Corporations and Limited Liability Companies)October 26, 2009
I. Business Records Review
A. Entity Record Book:
a. Check governing documents for the requirement to hold an annual meeting. If necessary, schedule an annual meeting.
b. Confirm that e...
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Family and Medical Leave Act 2009 PosterJanuary 13, 2009
The updates to the Family and Medical Leave Act (“FMLA”) and the provisions for the new military family leave will take effect on January 16, 2009. In order to remain in compliance with th...
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NEW DEVELOPMENTS IN SUCCESSION PLANS FOR BUSINESS OWNERSJanuary 12, 2009
The end of the year brings the opportunity for tax and legal planning for business owners, including so-called “succession planning.” This type of planning looks to the future and asks &ld...
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CLIENT ALERT ADA AMENDMENTS ACT OF 2008January 11, 2009
Effective January 1, 2009, the Americans with Disabilities Act Amendments Act of 2008 (the “Amended Act”) will change the way employers must provide accommodations for people with disabili...
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