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Alert | Employment Services Alert
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...Alert | Health Care Provider Alert
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...Alert | Employment Services Alert
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...Alert | Education Law Alert
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...Alert | Transportation Alert
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...Alert | Employment Services Alert
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,”...Alert | Health Care Provider Alert
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...Alert | Education Law Alert
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...Alert | Transportation Alert
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...Alert | Health Care Provider Alert
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...Alert | Employment Services Alert
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...Alert | Corporate, Tax & Transactional Alert
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...Alert | Education Law Alert
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...Alert | Community Association Law Alert
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...Alert | Employment Services Alert
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...Alert | Health Care Provider Alert
May 23, 2018 | Restrictive Covenants in Non-Compete Agreements: Broader is Not Better
The decision by the Federal District Court for the Northern District of Illinois in Medix Staffing Solutions, Inc. v. Dumrauf serves as a reminder to employers why restrictive covenants should be limited in scope and duration to what is necessary to...Alert | Business and Commercial Litigation Alert
May 9, 2018 | Ohio Supreme Court Restricts Spoliation Claims
The Ohio Supreme Court has issued an important decision limiting a party’s ability to pursue an independent tort claim for spoliation of evidence. Ohio law excludes tort claims for negligent spoliation of evidence, but permits intentional spoliation...Alert | Health Law Alert
May 2, 2018 | Department of Justice Issues Memorandum Regarding Civil Enforcement Actions
Recently, the Department of Justice (“DOJ”) issued a memorandum significantly limiting the use of guidance documents in civil litigation matters. Federal agencies often issue guidance documents to aid in the interpretation of existing statutes and re...Alert | Employment Services Alert
Apr 27, 2018 | Ohio Bureau of Workers' Compensation Proposes $1.5 Billion in Rebates
The Ohio Bureau of Workers’ Compensation (BWC), along with Governor John Kasich, has proposed yet another one-time rebate that will return some $1.5 billion to Ohio employers. This would represent the largest rebate in two decades. Private employe...Alert | Employment Services Alert
Apr 26, 2018 | Ohio Supreme Court Rules on BWC Subrogation Interest in Tort Claim Insurance Settlements
The Supreme Court of Ohio issued an opinion last week that provides a cautionary tale whose main antagonist is the broad reach of Ohio’s automatic subrogation provision set forth in R.C. 4123.931(G). In Bur. of Workers’ Comp. v. Verlinger, Slip Opin...
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