Insights

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Jun 2, 2023 | NLRB General Counsel Wants to Prohibit Most Non-Competes: Will the Board and the Courts Agree?

On May 30th, the NLRB General Counsel issued a memorandum asserting that most non-compete agreements for non-supervisory employees violate federal labor law.  Specifically, GC Abruzzo expressed her view that non-compete agreements unlawfully interfer...

May 26, 2023 | U.S. Supreme Court Issues Ruling in Sackett v. EPA Overruling EPA’s “Waters of the United States” Rule

On May 25, the Court issued a ruling adopting late Justice Scalia’s “continuous surface connection” test for determining jurisdictional waters under the Clean Water Act. The Court’s ruling in Sackett is a decisive shift with major implications for...

Apr 25, 2023 | Changes Underway for SBA 7(a) and 504 Loan Programs

Changes are coming to the Small Business Administration’s (SBA) 7(a) Loan Program and 504 Loan Program. In recent weeks, the SBA released two final rules that are set to become effective in May 2023. The SBA’s goal is to “aid, counsel, assist and pro...

Apr 25, 2023 | “Waters of the United States” Rule Update

On April 12, a federal judge in North Dakota blocked implementation of the Biden Administration’s “Waters of the United States” Rule in 24 states. As we mentioned in last month’s client update, the Biden Administration’s issuance of its final rule...

Apr 18, 2023 | To Cap It All Off: Ohio Supreme Court Holds Non-Economic Damages Cap Unconstitutional in Limited Ruling

The Supreme Court of Ohio recently held Ohio’s statutory cap on non-economic damages violated the Ohio Constitution in an as-applied ruling involving a plaintiff with long-term psychological injuries. Brandt v. Pompa, Slip Opinion No. 2022-Ohio-4525....

Apr 11, 2023 | Key Secure Act 2.0 Provisions Affecting Retirement Plans

On December 29, 2022, President Biden signed into law The Securing a Strong Retirement Act, known as the “Secure Act 2.0”. This legislation includes provisions from the House of Representative’s initial version of Secure Act 2.0 and two Senate bills–...

Apr 10, 2023 | Clashing Times: Developments Concerning Transgender Student Athletes

On April 6, 2023, the U.S. Supreme Court denied the State of West Virginia’s application to vacate an injunction imposed by the Fourth Circuit Court of Appeals on the State’s enforcement of its version of the “Save Women’s Sports Act,” which was enac...

Mar 31, 2023 | New Ohio Law Impacting Indemnity in Public Works Design Contracts

On December 13, 2022, Governor DeWine signed into law Ohio Senate Bill 56, entitled, “Regulate indemnity clause - certain professional design contracts.” The law went into effect just a few weeks ago, on March 14, 2023. The new law is codified at Ohi...

Mar 28, 2023 | Two New Laws Every Illinois Employer Needs to Know

EFFECTIVE January 1, 2023: The law requiring that employers whose employees are scheduled to work at least 7-1/2 hours in a particular day must be provided with an unpaid meal break of at least 20 minutes no later than 5 hours into the workday has...

Mar 28, 2023 | 2022 Bill in Ohio House That Could Dramatically Change Eminent Domain Law Reintroduced in 2023

Update: We previously published the alert below regarding House Bill (“HB”) 698 in the 134th Ohio General Assembly, which proposed numerous changes to Ohio’s eminent domain statutes that would be favorable to property owners, and unfavorable to appro...

Mar 23, 2023 | Supreme Court Holds Districts May Be Sued for Damages Even When IDEA Administrative Process Is Not Exhausted

The Supreme Court unanimously held in Perez v. Sturgis Public Schools, No. 21-887 (Mar. 21, 2023) that a student can sue for compensatory damages under the Americans with Disabilities Act (“ADA”) even when they have not exhausted the administrative p...

Mar 17, 2023 | “Waters of the United States” Rule To Be Tested by Pending U.S. Supreme Court Ruling in Sackett v. EPA

On January 18, U.S. EPA and the Army Corps of Engineers issued a final WOTUS rule that will overlap with a forthcoming U.S. Supreme Court ruling that will define jurisdictional waters under the Clean Water Act. Under the Clean Water Act, the term...

Mar 14, 2023 | Is This the End of the Voluntary Abandonment Defense for Ohio Employers?

On March 2, 2023, the Tenth District Court of Appeals announced its decision in State ex rel. Autozone Stores, Inc. v. Industrial Commission, 2023-Ohio-633. Unfortunately, the decision is not favorable for Ohio employers.  In Autozone, the employe...

Mar 9, 2023 | The NLRB Claims That It Is Returning to Prior Precedent Restricting the Use of Confidentiality and Non-Disparagement Clauses in Severance Agreements, but Is It Really?

On February 21, 2023, the National Labor Relations Board issued an opinion holding that the mere proffer of “a severance agreement with provisions that would restrict [an] employee’s exercise of [his or her] NLRB rights” violates Section 8(a)(1) of t...

Feb 17, 2023 | Illinois Supreme Court Expands Exposure to Penalties Under Illinois Biometric Information Privacy Act

The Illinois Supreme Court issued its much-anticipated decision today in the Cothron v. White Castle case, which interpreted the Illinois Biometric Information Privacy Act (“BIPA”). The decision is likely to have far-reaching and adverse implications...

Feb 14, 2023 | Court of Appeals Issues Significant Mineral Trespass Opinion Upholding Multi-Million-Dollar Future Damages Award

On January 18, 2023, in TERA, LLC v. Rice Drilling D, LLC, et al., --- N.E.3d ----, 2023-Ohio-273, the Seventh District Court of Appeals issued a key decision concerning mineral trespass law in Ohio. The court of appeals upheld the trial court’s summ...

Feb 13, 2023 | Think Early: How to Prepare for This Year’s New H-1B Filing Season

With a shortage of workers in many sectors of the U.S. professional labor market, employers continue to seek qualified candidates among the non-U.S.-citizen population, including recent graduates of U.S. colleges. Unfortunately, due to statutory l...

Jan 30, 2023 | Developmental Delay Now Reaches Beyond Preschool

Ohio Governor Mike DeWine recently signed HB 554. Prior to passing, amendments unrelated to the bill’s original goal of helping with the teacher shortage were added, including expanding the definition of a “child with a disability” to include childre...

Jan 19, 2023 | Proposed OSHA Rule Would Result in Changes to Inspection Procedures

OSHA recently proposed a rule which would revisit and revitalize the Obama Administration’s Fairfax Memo. Consequently, this recent proposal (RIN:1218-AD45) would likely result in more union-friendly changes to current OSHA inspection procedures....

Jan 9, 2023 | Ohio Eminent Domain: Supreme Court Opens Door for Agencies to Pay Less Compensation Through “Appraisal Shopping”

Under Ohio Revised Code 163.04, a condemning authority is required to make a good faith offer to purchase property it seeks to acquire at least 30 days before it may file an eminent domain lawsuit to take the property. If it fails to do so, its emine...

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