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Roetzel Insights

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 Alert

January 03, 2019

The Road to Success Widens for Students Planning to Graduate in 2019 and 2020

Through the passage of House Bill 491, signed into law by the Governor on December 19, 2018, the Ohio General Assembly has once again provided alternative graduation pathways similar to those applicable to students who graduated in 2018. For the 2019...

 Alert

January 02, 2019

Taking the "Strict" Out of Treasurer Liability

Treasurers of Ohio school districts and educational service centers have operated for decades under a “strict liability” standard for the loss of public funds. Strict liability is a harsh legal penalty that holds treasurers accountable for damages or...

 Alert

December 12, 2018

How Much is a Good Name Worth? Ohio Supreme Court Says Damages for Defamation are Capped

In a 4-2 decision, the Ohio Supreme Court has held that Ohio’s statutory cap on noneconomic damages applies to defamation claims.[1]  In light of the Court’s ruling, a $1.55 million jury award obtained by Ann Wayt, a former nurse at Affinity Medical...

 Alert

November 08, 2018

It's Unanimous: Federal Age Discrimination Law Applies to Public Employers Regardless of Size

In a unanimous ruling issued this week, the U.S. Supreme Court held that the Age Discrimination in Employment Act (“ADEA”) applies to all state and local government employers, even those with fewer than 20 employees.[i] The ADEA protects employees an...

 Alert

November 07, 2018

2018 Ohio Mid-Term Election Wrap-Up

Ohio’s reputation as a contentious swing state did not disappoint in the mid-term election.  Yesterday’s federal and state elections revealed that Republicans maintained control of all five statewide offices, including the governor’s race, as well as...

 Alert

November 02, 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...

 Alert

October 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...

 Alert

October 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....

 Alert

October 04, 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...

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September 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...

 Alert

September 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...

 Alert

September 04, 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...

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August 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...

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August 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...

 Alert

August 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,”...

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July 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...

 Alert

June 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...

 Alert

June 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...

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June 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...

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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...