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Jun 9, 2016 | Ohio Legislature Passes Over 30 Bills in 48 Hours

The Ohio General Assembly is officially on summer recess as they gear up for their November elections. They had a busy spring session, culminating in two whirlwind days during the last week of May, where they passed over 30 bills. The topics ranged f...

May 18, 2016 | Department of Labor Issues Final Rule Expanding Overtime Pay

The Department of Labor (DOL) has issued a final rule expanding the number of Americans that qualify for overtime pay under the Fair Labor Standards Act (FLSA). The new rule, issued on May 18, 2016, will more than double the annual salary threshold t...

May 12, 2016 | OSHA Finalizes Controversial Electronic Recordkeeping Rule

The Occupational Safety and Health Administration (OSHA) has issued its final rule revising its regulations on the recording and reporting of occupational injuries and illnesses.  Under the rule, establishments with 250 or more employees must elec...

May 10, 2016 | FDA Issues "Deeming Regulations" Covering Additional Tobacco Products Including Electronic Cigarettes, Cigars and Pipe Tobacco

On May 10, 2016, the Food and Drug Administration (FDA) issued a final rule (Deeming Regulations) bringing cigars, pipe tobacco, electronic nicotine delivery systems (ENDS) (including electronic cigarettes), water pipe (hookah) tobacco, dissolvab...

May 4, 2016 | State and Local Governments Considering Drone Laws Should Consult with the FAA

Recently, the Cleveland City Council passed legislation aimed at giving local law enforcement the power to enforce federal restrictions on flying drones (also known as unmanned aircraft systems or “UAS”) within city limits. The Cleveland law mirrors...

Apr 28, 2016 | "60 Days" Means 60 Days - Appellate Court Reiterates Construction Lien Law Will Be Strictly Construed

By: Thomas P. Wert, Esquire, Board Certified Construction Lawyer1 Lienors beware – when the Florida lien law says “60 days,” the Florida lien law means 60 days. On April 8th, a Florida Court of Appeal confirmed once again that the deadlines set...

Apr 11, 2016 | Favorable Ruling for Insurance Agency and Its Agents

A decision recently issued by the Crawford County Court of Common Pleas is a positive signal for insurance agencies and their agents. Although the insureds asserted numerous claims in the suit − including fraudulent misrepresentation, negligent procu...

Mar 30, 2016 | Commercial Use of Drones Subject to Shifting Policies

FAA issues interim policy for commercial drones that weigh less than 55 pounds Businesses that operate, or plan to operate, a drone for a commercial purpose must receive a specific grant of permission from the Federal Aviation Administration (FAA)...

Mar 23, 2016 | Department of Labor's "Persuader Rules" to be Published Tomorrow

Labor lawyers at Roetzel have been warning clients about the “Persuader Rules” for five years. These rules will be published by the federal government tomorrow, March 24, 2016, and will go into effect 30 days later. While the nuances of the Persuader...

Mar 17, 2016 | Proposed FLSA Overtime Rules Sent to the Office of Management and Budget

On March 14, 2016, the White House’s Office of Management and Budget (“OMB”) received the proposed and long-anticipated Fair Labor Standards Act overtime regulations from the Department of Labor. This is the final step before the publication of the r...

Feb 24, 2016 | Ohio General Assembly Enacts Ban-the-Box For All Ohio Public Employers

On December 23, 2015, Ohio Governor John Kasich signed into law House Bill 56, known as the Ohio Fair Hiring Act.  Continuing the trend of “ban-the-box” across the United States, as well as the implementation of such a provision for Ohio state employ...

Feb 22, 2016 | Court Reaffirms Damages Analysis in Construction Defect Cases

By:  Thomas P. Wert B.C.S.[1] On February 5, 2015, the Court of Appeals, Second District, reaffirmed the means by which courts determine damages for construction defect claims.  Gray v. Mark Hall Homes, Inc., 2016 WL 459436 (Fla. 2nd DCA Feb. 5, 2...

Feb 2, 2016 | Tax Exemption of Board-Owned Real Estate

On December 30, 2015, the Ohio Supreme Court issued a decision that signals a departure from how the Tax Commissioner of Ohio will treat real estate owned by a board of education regarding tax exemption applications.  Previously, board-owned real est...

Jan 22, 2016 | Ohio Supreme Court Rules on Beck Energy Lease Validity Cases

On January 21, 2016, the Ohio Supreme Court issued a decision affecting the minerals rights of hundreds of landowners in Monroe County who leased with Beck Energy:  State ex rel. Claugus Family Farm, L.P. v. Seventh Dist. Court of Appeals. The decisi...

Jan 8, 2016 | Insurer Not Engaging in a "Consumer Transaction"

Ohio Supreme Court holds estimates for car repairs by insurance companies are not subject to damages under the state’s Consumer Sales Practices Act After hitting a deer, Jerry Dillon (Dillon) and Nancy Dillon filed a claim with their insurer, Farm...

Dec 11, 2015 | It's Final: The Electronic Logging Device Rule Is Here

Yesterday, December 10, 2015, the Federal Motor Carrier Safety Administration (FMCSA) announced the adoption of a Final Rule requiring motor carriers to use electronic logging devices (ELDs) in commercial motor vehicles. There are four main elements...

Dec 8, 2015 | Congress Passes Multi-Year Surface Transportation Bill

On December 4, 2015, President Obama signed into law the Fixing America’s Surface Transportation Act (FAST Act), a five-year, $305 billion bill to fund the nation’s road and transit programs. The FAST Act is the first multi-year transportation bil...

Dec 2, 2015 | FDA Extends Comment Period on Proposed Rule Clarifying When Products Made or Derived From Tobacco Are Regulated as Drugs, Devices or Combination Products

On September 25, 2015, the Food and Drug Administration (FDA) issued a proposed rule seeking to clarify the circumstances in which a product made or derived from tobacco that is intended for human consumption will be subject to regulation as a drug,...

Dec 2, 2015 | Ohio Appeals Court Remands Case to Trial Court for Assessment of "Reasonableness" in Delay of Repairs to Well

In Dennison Bridge, Inc. v. Resource Energy, L.L.C., the Ohio Court of Appeals for the Seventh District found that the reasonableness of a delay in repairing a well created a question of fact in the termination of an oil and gas lease for non-product...

Dec 1, 2015 | Driver Coercion Rule is Final and Effective January 29, 2016

Yesterday, November 30, 2015, the Federal Motor Carrier Safety Administration (FMCSA) adopted regulations that prohibit motor carriers, shippers, receivers, and transportation intermediaries from coercing drivers to operate commercial motor vehicles...

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