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Roetzel Insights

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Showing 81 - 100 of 836 results

 Alert

April 11, 2023

Key Secure Act 2.0 Provisions Affecting Retirement Plans

On December 29, 2022, President Biden signed into law The Securing a Strong Retirement Act, known as the “Secure Act 2.0”. This legislation includes provisions from the House of Representative’s initial version of Secure Act 2.0 and two Senate bills–...

 Alert

April 10, 2023

Clashing Times: Developments Concerning Transgender Student Athletes

On April 6, 2023, the U.S. Supreme Court denied the State of West Virginia’s application to vacate an injunction imposed by the Fourth Circuit Court of Appeals on the State’s enforcement of its version of the “Save Women’s Sports Act,” which was enac...

 Alert

March 31, 2023

New Ohio Law Impacting Indemnity in Public Works Design Contracts

On December 13, 2022, Governor DeWine signed into law Ohio Senate Bill 56, entitled, “Regulate indemnity clause - certain professional design contracts.” The law went into effect just a few weeks ago, on March 14, 2023. The new law is codified at Ohi...

 Alert

March 28, 2023

Two New Laws Every Illinois Employer Needs to Know

EFFECTIVE January 1, 2023: The law requiring that employers whose employees are scheduled to work at least 7-1/2 hours in a particular day must be provided with an unpaid meal break of at least 20 minutes no later than 5 hours into the workday has...

 Alert

March 28, 2023

2022 Bill in Ohio House That Could Dramatically Change Eminent Domain Law Reintroduced in 2023

Update: We previously published the alert below regarding House Bill (“HB”) 698 in the 134th Ohio General Assembly, which proposed numerous changes to Ohio’s eminent domain statutes that would be favorable to property owners, and unfavorable to appro...

 Alert

March 23, 2023

Supreme Court Holds Districts May Be Sued for Damages Even When IDEA Administrative Process Is Not Exhausted

The Supreme Court unanimously held in Perez v. Sturgis Public Schools, No. 21-887 (Mar. 21, 2023) that a student can sue for compensatory damages under the Americans with Disabilities Act (“ADA”) even when they have not exhausted the administrative p...

 Alert

March 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...

 Alert

March 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...

 Alert

March 09, 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...

 Alert

February 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...

 Alert

February 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...

 Alert

February 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...

 Alert

January 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...

 Alert

January 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....

 Alert

January 09, 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...

 Alert

January 06, 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...

 Alert

January 05, 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...

 Alert

January 04, 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...

 Alert

January 03, 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...

 Alert

December 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...