Insights

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Mar 17, 2023 | “Waters of the United States” Rule To Be Tested by Pending U.S. Supreme Court Ruling in Sackett v. EPA

On January 18, U.S. EPA and the Army Corps of Engineers issued a final WOTUS rule that will overlap with a forthcoming U.S. Supreme Court ruling that will define jurisdictional waters under the Clean Water Act. Under the Clean Water Act, the term...

Mar 14, 2023 | Is This the End of the Voluntary Abandonment Defense for Ohio Employers?

On March 2, 2023, the Tenth District Court of Appeals announced its decision in State ex rel. Autozone Stores, Inc. v. Industrial Commission, 2023-Ohio-633. Unfortunately, the decision is not favorable for Ohio employers.  In Autozone, the employe...

Mar 9, 2023 | The NLRB Claims That It Is Returning to Prior Precedent Restricting the Use of Confidentiality and Non-Disparagement Clauses in Severance Agreements, but Is It Really?

On February 21, 2023, the National Labor Relations Board issued an opinion holding that the mere proffer of “a severance agreement with provisions that would restrict [an] employee’s exercise of [his or her] NLRB rights” violates Section 8(a)(1) of t...

Feb 17, 2023 | Illinois Supreme Court Expands Exposure to Penalties Under Illinois Biometric Information Privacy Act

The Illinois Supreme Court issued its much-anticipated decision today in the Cothron v. White Castle case, which interpreted the Illinois Biometric Information Privacy Act (“BIPA”). The decision is likely to have far-reaching and adverse implications...

Feb 14, 2023 | Court of Appeals Issues Significant Mineral Trespass Opinion Upholding Multi-Million-Dollar Future Damages Award

On January 18, 2023, in TERA, LLC v. Rice Drilling D, LLC, et al., --- N.E.3d ----, 2023-Ohio-273, the Seventh District Court of Appeals issued a key decision concerning mineral trespass law in Ohio. The court of appeals upheld the trial court’s summ...

Feb 13, 2023 | Think Early: How to Prepare for This Year’s New H-1B Filing Season

With a shortage of workers in many sectors of the U.S. professional labor market, employers continue to seek qualified candidates among the non-U.S.-citizen population, including recent graduates of U.S. colleges. Unfortunately, due to statutory l...

Jan 30, 2023 | Developmental Delay Now Reaches Beyond Preschool

Ohio Governor Mike DeWine recently signed HB 554. Prior to passing, amendments unrelated to the bill’s original goal of helping with the teacher shortage were added, including expanding the definition of a “child with a disability” to include childre...

Jan 19, 2023 | Proposed OSHA Rule Would Result in Changes to Inspection Procedures

OSHA recently proposed a rule which would revisit and revitalize the Obama Administration’s Fairfax Memo. Consequently, this recent proposal (RIN:1218-AD45) would likely result in more union-friendly changes to current OSHA inspection procedures....

Jan 9, 2023 | Ohio Eminent Domain: Supreme Court Opens Door for Agencies to Pay Less Compensation Through “Appraisal Shopping”

Under Ohio Revised Code 163.04, a condemning authority is required to make a good faith offer to purchase property it seeks to acquire at least 30 days before it may file an eminent domain lawsuit to take the property. If it fails to do so, its emine...

Jan 6, 2023 | EPA Approves New Standard for Phase I Environmental Site Assessments

On December 14, U.S. EPA issued a final rule adopting ASTM Standard E1527-21 for conducting Phase I environmental site assessments. Real estate developers, lenders and investors, and all purchasers of commercial property should take note of the ne...

Jan 5, 2023 | FTC Proposed Rule Would Ban Non-Competition Agreements

On Thursday, January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule that would invalidate existing non-competition agreements and prohibit employers from entering into new non-competition agreements, with very limited exception...

Jan 4, 2023 | The Speak Out Act Ends the Silencing of Sexual Assault Victims Through Nondisclosure and Non-Disparagement Agreements

On December 7, 2022, the Speak Out Act (“Act”) was signed into law by President Biden to combat sexual assault and sexual harassment in the workplace and ensure that victims and survivors are free to disclose their abuse. The Act renders judicially u...

Jan 3, 2023 | Ohio Supreme Court Restores the Presumption of Regularity for Executive Session Deliberations

Public bodies rejoiced over the Ohio Supreme Court’s opinion in State of Ohio ex rel. Christopher Hicks v. Clermont County Board of Commissioners this past holiday season. The largely contentious case drew statewide attention and hinged upon one cruc...

Dec 14, 2022 | Back Pay Plus: NLRB Permits Employees To Recover “Foreseeable” Damages From Employers for Labor Law Violations

Yesterday, the National Labor Relations Board significantly expanded the damages available to employees in unfair labor practice proceedings. Damages for employees wrongfully discharged in violation of federal labor law have traditionally been limite...

Nov 18, 2022 | #MeToo Restricts the Use of NDAs in Sexual Harassment Cases

More than a viral hashtag, #MeToo has undoubtedly brought sexual abuse and sexual harassment victims validation. Evidencing the continued strength of the #MeToo movement, a bill, known as the Speak Out Act, aimed at making it easier for employees to...

Oct 26, 2022 | New Developments in Air Regulation

U.S. EPA is moving forward on multiple initiatives that will significantly impact regulatory policy for air sources The last few weeks have seen a significant amount of regulatory action related to air regulation and permitting that will likely im...

Oct 25, 2022 | Rising Inflation Affects Ceilings on Retirement Contributions, Transfer Tax Credits and Income Tax Brackets for 2023

The IRS on Friday announced a historic increase in contribution limits to 401(k) and other qualified retirement plans. In 2023, you may contribute up to $22,500 to your 401(k), 403(b) and most 457 plans, which represents more than a 9.7% increase fro...

Oct 17, 2022 | CAUTION: Compliance with COVID-19 Waivers Still May Violate Medicare Regulations

The COVID-19 pandemic has fundamentally changed many areas of healthcare practice. Recognizing that existing healthcare laws may interfere with timely and effective COVID response, federal regulators issued temporary waivers of existing regulations t...

Oct 13, 2022 | Limited English, Limited Defenses (Potentially…)

The U.S. court system has long recognized the difficulty with equal access to justice when an individual with limited English proficiency appears in a U.S. court. Therefore, courts across the country now require that credentialed language interpreter...

Sep 16, 2022 | Increase in the Fees Charged for Estoppel Certificates

In accordance with Florida Statutes 718.116, 719.108 and 720.30851, fees for estoppel certificates shall be adjusted every five (5) years in an amount equal to the total of the annual increases for that 5-year period in the Consumer Price Index for A...

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