Insights

Showing 521 - 540 of 913 results

Nov 2, 2018 | Copyright or Wrong?

Today’s internet is fertile ground for inadvertent copyright infringement in an educational setting.  While scanning Facebook or Twitter, one of your teachers may notice a photograph of a historical event and “retweet” it to his or her class.  In ano...

Oct 19, 2018 | FAA Approves Civilian Drone Use Beyond Visual Line of Sight with Radar

Avitas Systems (Avitas), a GE company specializing in enhanced, robotic-based autonomous inspection systems and intelligent inspection planning, received approval earlier this week from the Federal Aviation Administration (FAA) to fly a drone beyond...

Oct 15, 2018 | "It's Like Déjà Vu All Over Again" : The Boeing Micro-Unit Case

It looks like the National Labor Relations Board (NLRB) will have another opportunity to clarify the test for determining whether a micro-unit of employees in a functionally integrated manufacturing plant constitutes an appropriate bargaining unit....

Oct 4, 2018 | Ohio Supreme Court Expands Voluntary Abandonment Defense

In State ex rel. Klein v. Precision Excavating & Grading Co.,[1] decided September 27, 2018, the Ohio Supreme Court ruled a claimant who voluntarily removes himself from his former position of employment for reasons unrelated to the workplace injury...

Sep 13, 2018 | No Citation? No Problem. Employers Can Now Submit a Request to Charge the Surplus Fund Without Proof of a Motor Vehicle Citation

Since the passage of Ohio House Bill 207 in 2016, the Bureau of Workers’ Compensation has excluded the cost of a claim from an employer’s experience if the employer could establish that the claim resulted from a non-at-fault motor vehicle accident in...

Sep 10, 2018 | Competing in the Commonwealth: New Non-Compete Law Brings Big Changes to Massachusetts

Massachusetts has passed legislation that significantly limits the enforceability of non-competition agreements. The Massachusetts Noncompetition Agreement Act (“the Act”) will take effect on October 1, 2018, and will apply to any non-competes entere...

Sep 6, 2018 | IRS Proposed Section 199A Regulations would Limit use of "Crack and Pack" Planning

Section 199A was added to the Internal Revenue Code by The Tax Cuts and Jobs Act (“TCJA”), enacted in December 2017. It provides taxpayers, other than corporations, with an income tax deduction of up to 20% of Qualified Business Income[1] from flow-t...

Sep 4, 2018 | Start that FMLA Clock Running: How to Run FMLA Leave Concurrently with Time Off due to a Work-Related Injury

All of us have a tendency to compartmentalize issues that occur in the workplace. When it comes to a work-related injury, employers in Ohio often compartmentalize the issue by placing it in the “workers’ compensation” box without realizing that the i...

Aug 23, 2018 | Least Restrictive Environment Placements: The Impact of the Endrew F. and L.H. Decisions

On August 20, 2018, the Sixth Circuit affirmed a decision by the United States District Court, Eastern District of Tennessee, finding that the Hamilton County Department of Education failed to provide a student with a disability an educational placem...

Aug 23, 2018 | DOT Aims to Revise Truckers' Hours-of-Service Regulations

The U.S. Department of Transportation (DOT) recently released a statement hinting at possible future changes to the current regulations governing commercial truck drivers’ rest breaks and hours-of-service regulations. The goal is to give truckers mor...

Aug 14, 2018 | The Humpty Dumpty Defense Does Not Work for Hospital in Union Organizing Campaign: The Importance of Carefully Drafting a No-Solicitation Policy

“When I use a word,” Humpty Dumpty said, in a rather scornful tone, “It means just what I choose it to mean – neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,”...

Aug 2, 2018 | Hospital-Based Medical Group Lacks Protectable Interest in Enforcing Restrictive Covenant Once Group Stops Performing Services at Hospital

Many hospital-based medical practitioners have restrictive covenant agreements that, upon the termination of their employment with their employers, specifically preclude these practitioners from performing services at the hospitals at which they were...

Jul 12, 2018 | Funding a Cause for Your Classroom: When Good Intentions Lead to Unforeseen Liabilities

On July 11, 2018, David Yost, the Ohio Auditor of State, issued a “Special Report” regarding some possible legal implications for school districts if their teachers and staff engage in crowdfunding without appropriate board policies in place. (Click...

Jun 28, 2018 | FMCSA Issues New Guidance Regarding the Use of Personal Conveyance

The Federal Motor Carrier Safety Administration (FMCSA) recently issued new guidance regarding the use of “personal conveyance” status.  Effective immediately, the FMCSA will allow drivers to enter into personal conveyance status—whether the truck is...

Jun 28, 2018 | CMS Announces Review Choice Demonstration for Home Health Services

On May 31, 2018, CMS announced its Review Choice Demonstration for Home Health Services (“Demonstration”), which revises and restarts its Pre-Claim Review Demonstration for Home Health Services that was paused on April 1, 2017. No earlier than Oct...

Jun 27, 2018 | Abood-Face: Supreme Court of the United States Supplants 41 Years of Precedent By Declaring Union Fair Share Fees Unconstitutional

On June 27, 2018, in Janus v. American Federation of State, County and Municipal Employees, Council 31, et al., 585 U.S. — (2018), the Supreme Court of the United States held (in a 5-4 decision) that union fair share fees, or “agency fees,” paid by n...

Jun 27, 2018 | Supreme Court Rules That States can Require Out-of-State Retailers to Collect Sales Tax Even if They Have no Physical Presence in the Taxing State

Since 1992, out-of-state retailers have relied on Quill Corp. v. North Dakota, 504 U. S. 298 (1992) (“Quill”) for the rule that a state could not constitutionally require a retailer to collect sales tax on sales to customers in the state if the retai...

Jun 12, 2018 | As the Summer Recess Approaches for the Ohio General Assembly Questions Remain Regarding 2019 Graduation Requirements for Schools

With the 2017-2018 school year squarely behind us, educators and students alike have questions regarding whether the Ohio Department of Education’s stricter graduation requirements will become effective for 2019 graduates. If the Senate takes action...

May 31, 2018 | Summary of 2018 Community Association Legislation

This year, the Florida Legislature approved one main bill affecting condominium, cooperative, and homeowners’ associations.  House Bill 841, effective July 1, 2018, clarified many areas of the prior year’s legislative action. House Bill 617, effectiv...

May 23, 2018 | Class Waivers in Arbitration Agreements are Given the Okay by U.S. Supreme Court

On May 21, 2018, The United States Supreme Court issued its decision in Epic Systems Corp. v. Lewis, holding that “Congress has instructed in the Arbitration Act that arbitration agreements providing for individualized proceedings must be enforced, a...

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