Insights

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Nov 18, 2015 | OSHA to Raise Fines for First Time in Quarter Century

For the first time since 1990, penalties for workplace safety violations have increased. The rise in fines, which would adjust for inflation over the past 25 years, were signed into law as part of the Bipartisan Budget Act of 2015, signed by Presiden...

Nov 13, 2015 | Court of Appeals Upholds Trial Court Decision in Ferguson v. State of Ohio

In March of this year, we advised that a Cuyahoga County (Cleveland, Ohio) Judge had ruled Ohio Revised Code 4123.512(D) unconstitutional. This Code section prohibits an injured worker from voluntarily dismissing an employer’s court appeal without th...

Oct 26, 2015 | Misuse of Public Funds for Levy Campaigns

Auditor Dave Yost’s Office announced results of a special audit on October 22, 2015, finding that a local school district in Delaware County engaged in the illegal use of public funds.  The district will be issued a finding for recovery based upon it...

Oct 23, 2015 | OSHA Prepares to Target Safety Incentive Programs

The Occupational Safety and Health Administration (OSHA) has announced that it will issue a final rule this fall that may make safety incentive programs, which reward employees for low accident levels, illegal. Such a rule was recently sent to the Of...

Oct 9, 2015 | Charter School Reform Bill Heads to Governor for Signature

Ohio House Bill 2 (HB2), the community school sponsorship and management reform bill, was passed by the Ohio General Assembly on Wednesday and is now headed to Governor Kasich for his signature.  This long-awaited bipartisan reform bill includes a nu...

Sep 28, 2015 | FDA Issues Proposed Rule Clarifying When Products Made or Derived From Tobacco Are Regulated as Drugs, Devices or Combination Products

The Food and Drug Administration (FDA) has 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, device, or a combin...

Sep 14, 2015 | Five Things You Can Do Today to Increase Information Security

Small healthcare organizations have very valuable data. In 2013, medical-related identify theft accounted for 43 percent of all identity thefts reported in the United States. And, according to some reports, healthcare data is up to 50 times more valu...

Sep 10, 2015 | Obama Orders Federal Contractors to Provide Paid Sick Leave

On September 7, 2015, Labor Day, President Barack Obama signed an executive order requiring federal contractors and subcontractors to provide paid sick leave for their employees. Contractors must provide employees one hour of paid leave for every 30...

Sep 4, 2015 | Third Circuit Upholds FTC Authority on Cybersecurity

On August 24, 2015, the Third Circuit released its long awaited opinion in Federal Trade Commission v. Wyndham Worldwide Corp., et al., Case No. 14-3514, and affirmed a District Court’s finding that the Federal Trade Commission (the “FTC”) has author...

Aug 28, 2015 | Long-Awaited Joint Employer Decision Issued by NLRB

We have warned you several times that the National Labor Relations Board was going to change the definition of joint employer to the detriment of Companies. Yesterday our fear came true. In fact, two Board members said this was “the most sweeping of...

Aug 24, 2015 | FDA Extends Comment Period on ANPRM Regarding Nicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, E-Liquids and Novel Tobacco Products

As Roetzel & Andress reported in July, the Food and Drug Administration (FDA) issued an advance notice of proposed rulemaking (ANPRM) seeking comments, data, research results, or other information to inform the agency’s thinking about options for iss...

Jul 30, 2015 | Ambush Election Rules are Here to Stay

Companies and the labor lawyers that represent them have been holding out hope that a court would overrule the National Labor Relations Board’s recently implemented ambush election rules, but our hopes are dashed. The ambush election rules are here t...

Jul 30, 2015 | GSP Renewed With Retroactive Effect / Importers Entitled to Duty Refund

The Generalized System of Preferences (“GSP”) has been renewed effective July 29, 2015. The GSP is a preferential trade program that allows eligible products of designated beneficiary developing countries to directly enter the United States duty-free...

Jul 27, 2015 | A Practical Guide for Employers Following Obergefell v. Hodges

Although perhaps not unexpected, the United States Supreme Court’s ruling on same-sex marriage (Obergefell v. Hodges, 135 S.Ct. 2584 (June 26, 2015)) still has the potential to throw employers for a loop. Below are some issues to consider in light of...

Jul 16, 2015 | Ohio Governor Approves Changes in Insurance Subrogation Law, Vetoes Some Provisions

On June 30, 2015, Ohio Governor John Kasich signed the 2016-2017 Ohio budget that includes an amendment that dramatically alters the state’s subrogation system. When the amendment goes into effect on September 28, 2015, an insurer’s monetary recovery...

Jul 6, 2015 | FDA Delays Enforcement of Product Tracing Rules for Pharmacies

In a last minute reprieve, the FDA published a Compliance Policy Guidance on June 30, 2015, that delays enforcement of the product tracing requirements applicable to dispensers until November 1, 2015. The requirements were originally slated to go int...

Jul 2, 2015 | FDA Issues Advance Notice of Proposed Rulemaking Regarding Nicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, E-Liquids and Novel Tobacco Products

The Food and Drug Administration (FDA) has issued an advance notice of proposed rulemaking (ANPRM) seeking comments, data, research results, or other information to inform the agency’s thinking about options for issuing potential regulations related...

Jun 30, 2015 | DOL Releases Proposal to Expand Overtime

The U.S. Department of Labor (DOL) unveiled its proposal to broaden federal overtime regulations that will significantly increase the amount of employees entitled to overtime pay. Under the current Fair Labor Standards Act (FLSA), which governs minim...

Jun 26, 2015 | Supreme Court Upholds Affordable Care Act Subsidies in King v. Burwell

The United States Supreme Court, in a 6-3 decision, has held that the Affordable Care Act, or ACA, authorizes federal tax credits for eligible Americans to help them purchase health insurance. The ruling upholds the controversial healthcare law, comm...

Jun 26, 2015 | Unanticipated Legislation Impacting Failing Schools and Collective Bargaining Rights

On June 25, 2015, the Ohio General Assembly passed House Bill No. 70, which included an amendment that would centralize power to a chief executive in academically distressed districts and diminish the authority of collective bargaining agreements bet...

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