CLIENT ALERT ADA AMENDMENTS ACT OF 2008
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 disabilities. The Amended Act was passed by Congress for the purpose of providing a clear and comprehensive national mandate for the elimination of discrimination and clear, strong, consistent, enforceable standards addressing discrimination by reinstating a broad scope of protections available under the ADA. In other words, the Amended Act is intended to clarify the ADA and also to reject a number of Supreme Court decisions and portions of ADA regulations that Congress apparently believes weakened the ADA’s effect. The following is a summary of the Amended Act to help you prepare for the effects of this legislation.
Deferred Compensation Arrangements
This Client Alert addresses important tax law changes that have occurred with respect to deferred compensation arrangements. The new rules are under Section 409A of the Internal Revenue Code and are referred to herein as the “Section 409A Rules.” Congress enacted Section 409A in 2004, and it generally applies to compensation deferred after 2004. For compensation deferred during 2005, 2006 and 2007, the IRS has provided guidance to comply with Section 409A. For compensation deferred after 2007, the new Section 409A Rules must be satisfied. As discussed below, Section 409A may impact existing employment agreements, severance agreements, nonqualified compensation plans, incentive compensation plans and other arrangements with employees, independent contractors and other persons who earn compensation that is payable in a later year.
Changes In The Real Estate Homestead Exemption Allow For Greater Number Of Homeowners To Qualify For Tax Relief
Ohio’s homestead exemption previously only available to homeowners with limited income is now available to all homeowners. Any homeowner, regardless of income or wealth, over the age of 65 or permanently disabled is eligible to receive a $25,000 reduction in the market value of their home for purposes of calculating real estate taxes. The average reduction in property tax is expected to be approximately $400 per year (the actual savings will vary depending upon the city in which you live). If you currently receive the homestead exemption you will automatically qualify for the new exemption.
Ohio Trust Code Enactment Makes Important Changes for Estate Planning
The Ohio legislature and Governor Taft have enacted into law the new Ohio Trust Code effective January 1, 2007. The new law applies to all trusts created before, on or after January 1, 2007. This Client Alert discusses only certain portions of the new Ohio Trust Code.
Employers Beware - Issue 2 And Issue 5 Create Major Issues For Ohio Employers
Ohio voters recently passed Issue 2, the Minimum Fair Wage Amendment, and Issue 5, the SmokeFree Ohio law, and the workplace will never be the same. In order to fully understand the effect that these policy changes will have on your business, we need to review both the obvious and the hidden burdens associated with these new laws.
Registration of Residential Rental Property Owners in Ohio
Effective September 28, 2006, owners of Residential Rental Property (an “Owner”), in the State of Ohio must register the property with the County Auditor of the county in which the property is located. “Residential Rental Property” is broadly defined to include any real property having one or more dwelling units rented to tenants solely for residential purposes.
Year-End Legal Audits
We will soon be getting ready for Thanksgiving and the holidays. One additional year-end ritual that should be commenced by each business is the annual business review or audit. Effectively, this year-end audit reviews the legal aspects of your business that may require attention before year end or which can be planned for in the new calendar year. Below is a non-exclusive check list to help in this year-end review. We hope that you find it helpful.
U.S. Supreme Court Interprets Title VII to Provide Broad Protection for Employees against Unlawful Retaliation
On June 22nd, in Burlington Northern & Santa Fe Railway Co. v. White, the U.S. Supreme Court issued a decision expanding the protection to employees who allege they have suffered retaliation after making a complaint of discrimination or harassment under Title VII of the Civil Rights Act of 1964. Prior to this decision, an employee had to prove they suffered an “ultimate employment decision” or “materially adverse change in the terms and conditions of employment,” such as discharge, demotion, or loss of pay, in order to state a claim of retaliation under Title VII.
Residential Construction Contracts
Legal Bulletin – New Ohio Revised Code Section 1312
Without much fanfare or press, in late Spring of this year, a new law, Section 1312 of the Ohio Revised Code, went into effect. The original version of this law was proposed several years ago by the home building industry for the purpose of enabling a contractor to attempt to rectify an alleged construction defect prior to being forced to defend a costly lawsuit.
New Concealed Weapons Law
In order to keep you informed of important changes in Ohio law which affect your business, we provide you with the following bulletin:
White Collar Exemptions
U.S. Department of Labor Changes to White Collar Exemptions
Last April, the U.S. Department of Labor issued final regulations regarding the Fair Labor Standards Act’s overtime requirements and employee exemptions. These changes become effective August 23, 2004. Among the changes, some highlights are: