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Apr 20, 2020 | Case Law Update: Ohio is One Step Closer to Learning Whether the DMA and MTA Both Apply to Mineral Rights

Merit briefs have been filed in a landmark oil and gas case currently pending before the Supreme Court of Ohio: West v. Bode, Case No. 2019-1494. And the stakes could not be higher for both surface and mineral owners, because the Supreme Court is bei...

Apr 17, 2020 | FLSA Common Pitfalls; Employers Beware

There has undoubtedly been an uptick in Fair Labor Standards Act (FLSA) wage-and-hour class and collective actions. Given the increase in FLSA related actions, the complexity related to the below-referenced issues, and the steep penalties for violati...

Apr 17, 2020 | Department of Labor Issues Additional Guidance to Employers Related to COVID-19 Issues

The Department of Labor (DOL) has issued yet more guidance to employers relative to issues raised by the COVID-19 pandemic.  The latest round of guidance covers employer reporting of cases of COVID-19 and guidelines applicable to the supplemental une...

Apr 16, 2020 | Paycheck Protection Program Funds Depleted and Economic Injury Disaster Loan Applications No Longer Accepted

As of Thursday, April 16, 2020, the Small Business Administration (“SBA”) has announced that the Paycheck Protection Program created by the CARES Act has exhausted the 349 billion dollars allotted for the program and that no new applications will be...

Apr 10, 2020 | NLRB Postpones Effective Date of Election Protection Final Rule Until July 31, 2020

On March 31, 2020, the National Labor Relations Board (NLRB) announced that it had finalized three amendments to its rules and regulations to protect employees’ autonomy concerning representation. These amendments include changes to the NLRB’s blocki...

Apr 10, 2020 | OSHA Highlights 10 Infection Prevention Measures in New Poster

The Occupational Safety and Health Administration (OSHA) has produced a new poster which highlights 10 infection prevention measures that employers can implement to protect the safety and health of workers. For those employers who are still open and...

Apr 9, 2020 | Illinois Governor Signs Executive Order Limiting Liability for Health Care Providers

On April 1, 2020, Illinois Governor J.B. Pritzker signed Executive Order 17 in response to the COVID-19 pandemic (Order). This Order, pursuant to the Governor’s authority under the Illinois Emergency Management Agency Act (20 ILCS 3305/6), restricts...

Apr 8, 2020 | Legislation Introduced to Add COVID-19 for Workers’ Compensation

Recently, legislation was introduced to add COVID-19 to the list of scheduled diseases contained in Ohio Revised Code 4123.68. Additionally, a rebuttable presumption has also been proposed as well. The proposed legislation reads, in pertinent part, a...

Apr 7, 2020 | Florida Governor Announces Updates Concerning COVID-19 Pandemic

On Monday, Florida Governor Ron DeSantis announced the following updates concerning the COVID-19 pandemic in Florida.  Courts Chief Justice Charles Canady issued an order Monday extending the suspension of criminal and civil jury trials, jury sel...

Apr 6, 2020 | Following CARES Act, USPTO and Copyright Office Directors Extend Certain IP Filing Deadlines

Both the U.S. Patent and Trademark Office (“USPTO”) and the U.S. Copyright Office have now announced that certain intellectual property filing deadlines and fees will be extended during the COVID-19 pandemic. In doing so, both Offices have cited spec...

Apr 6, 2020 | New Lawsuit Tests Whether Best-in-Class Safety Technology is New Standard of Care

A negligence suit took an unprecedented turn when a Pennsylvania Federal Court allowed strict liability claims to be brought against a trucking leasing company for its failure to outfit its truck with additional safety features.  Judge Kim R. Gibs...

Apr 6, 2020 | Armed School Personnel: A Judicial Update from the Twelfth District Court of Appeals

The arming of school personnel as a safety and security measure for public schools has been given some guidance in the form of a decision by the Twelfth District Court of Appeals in a Butler County case involving the Madison Local School District (“D...

Apr 6, 2020 | Frequently Asked Questions on Leave, Pay, and Health Insurance for Illinois Employers and Employees

There have been a number of changes to Illinois and Federal wage, benefit and leave laws since the beginning of the COVID-19 pandemic. This alert discusses some of the frequently asked questions (“FAQs”) that employers and employees have raised regar...

Apr 3, 2020 | IRS Announces Payroll Tax Credits to Offset Payroll Costs of COVID-19 Related Paid Leave

Under the Families First Coronavirus Response Act (“FFCRA”), signed by President Trump on March 18, 2020, employers with less than 500 employees (“Eligible Employers”) are generally required to provide up to 80 hours of paid sick leave to an employee...

Apr 3, 2020 | IRS Extends Deadline to Restate 403(b) Plans

403(b) plans were originally required to be restated by March 31, 2020 in order to comply with current law.  In response to the COVID-19 pandemic, the IRS announced that this deadline has been extended to June 30, 2020 for plan sponsors to restate th...

Apr 3, 2020 | Florida Foreclosure and Eviction Relief

The Governor of Florida just issued Executive Order Number 20-94 regarding mortgage foreclosure and eviction relief due to the effect COVID-19 is having on the ability of many Floridians to pay the mortgage on their single family homes and the abilit...

Apr 3, 2020 | Freezing a Defined Benefit Plan to Reduce Current Year Contribution Obligation

Defined benefit pension plans, including cash balance plans, require a contribution each year, which is primarily used to fund the benefits which participants accrue (i.e., earn) during the plan year. The annual required contribution may also include...

Apr 3, 2020 | How the CARES Act Impacts Employee Benefits

The CARES Act signed into law on March 27, 2020 includes several changes that impact retirement plans and executive compensation. The law provides participants impacted by the COVID-19 pandemic with expanded rights related to distributions and loans...

Apr 3, 2020 | IRS Announces Automated Stimulus Payments Are on the Way – Some May Still Need to File a Return to Obtain Their Payment

On March 30, 2020 the IRS announced that it will automatically begin distributing economic impact payments in the next three weeks. This alert outlines important information regarding the stimulus payments; please share the information below with you...

Apr 2, 2020 | Possible Leniency for Commercial Tenants and Real Estate Borrowers in Ohio

Governor Mike DeWine issued Executive Order 2020-08D directed at two commercial real estate constituencies affected by the COVID-19 pandemic.   First, for the benefit of small business commercial tenants facing financial hardship due to the pandem...

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