Insights

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Jan 25, 2021 | At Least One Ohio Court Has Found That Restaurants’ COVID-19 Business Losses Are Covered

In a recent decision from the United States District Court in the Northern District of Ohio, Judge Polster found that pursuant to the terms and conditions of a Commercial Business Policy, coverage existed for losses sustained by the restaurants as a...

Jan 21, 2021 | CMS’s Updated Advance Beneficiary Notice of Noncoverage (ABN) is in Effect

As of January 1, 2021, providers must use the updated instructions and form Advance Beneficiary Notice of Noncoverage (ABN), Form CMS-R-131. The changes address beneficiaries who are dually enrolled in Medicare and Medicaid through the Qualified Medi...

Jan 20, 2021 | Ohio Governor Signs H.B. 308 to Create Fund for PTSD for First Responders

Effective January 9, 2021, Ohio Governor Mike DeWine signed House Bill 308 to create a fund for post-traumatic stress disorder for first responders. This is defined as “paying compensation for lost wages to a public safety officer who is disabled by...

Jan 19, 2021 | U.S. Department of Labor Announces Final Rule for Classifying Workers as Independent Contractors Under the FLSA

On January 7, 2021, the U.S. Department of Labor published its Final Rule (“Rule”) for classifying workers as independent contractors under the Fair Labor Standards Act (“FLSA”), which Rule will take effect on March 8, 2021.  The Rule provides a tool...

Jan 19, 2021 | Immunity Upheld for Teacher and School Officials on Parents’ Claims of Student Bullying

On December 29, 2020, the Ohio Supreme Court denied the parents’ motion for reconsideration, confirming its previous decision in A.J.R. v. Lute, issued on November 10, 2020. During the 2015-2016 school year, A.R. was an early-entrant kindergarten...

Jan 15, 2021 | Major Changes Coming to Ohio's Employment Discrimination Statute

On January 12, 2021, Ohio Governor Mike DeWine signed into law House Bill 352, which contains significant changes to Ohio Revised Code Chapter 4112, the home of Ohio’s Civil Rights Act inclusive of Ohio’s employment discrimination statutory law. Thes...

Jan 14, 2021 | Paycheck Protection Program Second Draw Opens for Small Businesses, Hotels, & Restaurants

Signed into law on December 27, 2020, The Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act creates a second opportunity for businesses that have utilized the full amount of their First Draw Paycheck Protection Program (“PPP”) loa...

Jan 14, 2021 | Paycheck Protection Program Second Draw Opens for Small Healthcare Service Providers

Signed into law on December 27, 2020, The Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act creates a second opportunity for businesses that have utilized the full amount of their First Draw Paycheck Protection Program (“PPP”) loa...

Jan 12, 2021 | Are Violations of the FMCSRs Admissible to Show Negligence in a Trucking Case? Not According to the Sixth Circuit

In trucking cases, plaintiff’s lawyers like to use the Federal Motor Carrier Safety Regulations (“FMCSRs”) against trucking companies and their drivers. Sometimes the FMCSRs are used to argue that truck drivers are “professional drivers” and should b...

Jan 8, 2021 | Big Changes as Employers Prepare to Hire Foreign Workers

For employers seeking to hire foreign workers in the near future, the recent changes to the H-1B program and the presidential Administration will certainly present a lot of questions. On January 7, 2021, the U.S. Citizenship and Immigration Services...

Jan 8, 2021 | Long-Standing Discrimination Protections Are Proposed to Change in Final Days of Trump Administration

In the final days of the Trump Administration, the Department of Justice (DOJ), through the federal rule-making process, is aiming to scale back certain protections for protected classes that currently exist under Title VII of the Civil Rights Act of...

Jan 7, 2021 | SERB’s Picketing Restrictions Ruled Unconstitutional

On the final day of 2020, the Eleventh District Court of Appeals (Portage County), held that an Ohio law which restricted the picketing of private homes and private offices of public officials was unconstitutional under both the United States and Ohi...

Jan 6, 2021 | The Eleventh Circuit Decides that Chapter 11 Debtors in Possession Cannot Receive Loans Under the Paycheck Protection Program (“PPP”)

As many property owners and business operators continue to face the economic malaise associated with government shutdown orders, a decline in foot traffic in many of the traditional brick and mortar businesses, and a slow roll out of the COVID-19 vac...

Jan 5, 2021 | The Ohio Supreme Court Holds Driving On but Not Over the Highway Fog Line Is Not a Violation of Ohio Law

In a decision interpreting an Ohio traffic statute concerning highway driving, the Ohio Supreme Court recently held that the single solid white longitudinal line on the right-hand edge of a roadway – the fog line – merely discourages or prohibits a d...

Jan 4, 2021 | The New Year Brings a More Relaxed, Pro-Business Summary-Judgment Standard

In the waning hours of 2020, the Florida Supreme Court changed Florida’s summary-judgment standard by adopting the much more relaxed federal standard. Although the change does not take effect until May 2021–and even then Florida judges may initially...

Dec 31, 2020 | Congress Passes COVID-Related Tax Relief

On December 27, 2020, the President signed the Consolidated Appropriations Act, 2021 (“Act”). Within the Act’s 5,593 pages are two separate Acts that provide credits and other tax relief to taxpayers affected by the coronavirus: the “COVID-related Ta...

Dec 30, 2020 | Payroll Protection Act Provisions of the Recently Signed COVID-Related Tax Relief Legislation

On Sunday, December 27, 2020, the President signed into law the Consolidated Appropriations Act, 2021 (“Act”). Within the Act there are a number of provisions that affect current and future Payroll Protection Program (“PPP”) loan provisions that we h...

Dec 23, 2020 | SolarWinds Breach – Is My City, County, School District at Risk?

On December 13, 2020 the U.S. Department of Homeland Security announced that a compromise of U.S. government systems was associated with the malicious exploit of the IT service management tool SolarWinds Orion. The announcement was made public in DHS...

Dec 23, 2020 | New COVID-19 Relief Bill Does Not Require Employers to Provide Paid Leave in the New Year

On the evening of December 21, Congress passed a $900 billion COVID-19 relief bill, which is awaiting the signature of President Trump. As the new legislation does not extend the emergency paid sick leave and extended paid caregiver leave requirement...

Dec 22, 2020 | Can an Ohio Jury Award $0 for Pain and Suffering Even When It Finds That Plaintiff Was Injured? It Depends.

Non-economic damages for pain and suffering are a source of constant consternation for Ohio courts because of their intangible properties and unquantifiable characteristics, which is why the subject is normally left for juries to determine. But like...

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