Showing 41 - 60 of 428 results
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Employment Services Alert
Massachusetts has passed legislation that significantly limits the enforceability of non-competition agreements. The Massachusetts Noncompetition Agreement Act (“the Act”) will take effect on October 1, 2018, and will apply to any non-competes entere...
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Health Care Provider Alert
Section 199A was added to the Internal Revenue Code by The Tax Cuts and Jobs Act (“TCJA”), enacted in December 2017. It provides taxpayers, other than corporations, with an income tax deduction of up to 20% of Qualified Business Income[1] from flow-t...
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Employment Services Alert
All of us have a tendency to compartmentalize issues that occur in the workplace. When it comes to a work-related injury, employers in Ohio often compartmentalize the issue by placing it in the “workers’ compensation” box without realizing that the i...
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Transportation Alert
The U.S. Department of Transportation (DOT) recently released a statement hinting at possible future changes to the current regulations governing commercial truck drivers’ rest breaks and hours-of-service regulations. The goal is to give truckers mor...
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Education Law Alert
On August 20, 2018, the Sixth Circuit affirmed a decision by the United States District Court, Eastern District of Tennessee, finding that the Hamilton County Department of Education failed to provide a student with a disability an educational placem...
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Employment Services Alert
“When I use a word,” Humpty Dumpty said, in a rather scornful tone, “It means just what I choose it to mean – neither more nor less.”
“The question is,” said Alice, “whether you can make words mean so many different things.”
“The question is,”...
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Health Care Provider Alert
Many hospital-based medical practitioners have restrictive covenant agreements that, upon the termination of their employment with their employers, specifically preclude these practitioners from performing services at the hospitals at which they were...
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Education Law Alert
On July 11, 2018, David Yost, the Ohio Auditor of State, issued a “Special Report” regarding some possible legal implications for school districts if their teachers and staff engage in crowdfunding without appropriate board policies in place. (Click...
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Health Care Provider Alert
On May 31, 2018, CMS announced its Review Choice Demonstration for Home Health Services (“Demonstration”), which revises and restarts its Pre-Claim Review Demonstration for Home Health Services that was paused on April 1, 2017.
No earlier than Oct...
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Transportation Alert
The Federal Motor Carrier Safety Administration (FMCSA) recently issued new guidance regarding the use of “personal conveyance” status. Effective immediately, the FMCSA will allow drivers to enter into personal conveyance status—whether the truck is...
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Corporate, Tax & Transactional Alert
Since 1992, out-of-state retailers have relied on Quill Corp. v. North Dakota, 504 U. S. 298 (1992) (“Quill”) for the rule that a state could not constitutionally require a retailer to collect sales tax on sales to customers in the state if the retai...
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Employment Services Alert
On June 27, 2018, in Janus v. American Federation of State, County and Municipal Employees, Council 31, et al., 585 U.S. — (2018), the Supreme Court of the United States held (in a 5-4 decision) that union fair share fees, or “agency fees,” paid by n...
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Education Law Alert
With the 2017-2018 school year squarely behind us, educators and students alike have questions regarding whether the Ohio Department of Education’s stricter graduation requirements will become effective for 2019 graduates. If the Senate takes action...
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Community Association Law Alert
This year, the Florida Legislature approved one main bill affecting condominium, cooperative, and homeowners’ associations. House Bill 841, effective July 1, 2018, clarified many areas of the prior year’s legislative action. House Bill 617, effectiv...
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Health Care Provider Alert
The decision by the Federal District Court for the Northern District of Illinois in Medix Staffing Solutions, Inc. v. Dumrauf serves as a reminder to employers why restrictive covenants should be limited in scope and duration to what is necessary to...
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Employment Services Alert
On May 21, 2018, The United States Supreme Court issued its decision in Epic Systems Corp. v. Lewis, holding that “Congress has instructed in the Arbitration Act that arbitration agreements providing for individualized proceedings must be enforced, a...
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Business and Commercial Litigation Alert
The Ohio Supreme Court has issued an important decision limiting a party’s ability to pursue an independent tort claim for spoliation of evidence. Ohio law excludes tort claims for negligent spoliation of evidence, but permits intentional spoliation...
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Health Care Litigation Alert
Recently, the Department of Justice (“DOJ”) issued a memorandum significantly limiting the use of guidance documents in civil litigation matters. Federal agencies often issue guidance documents to aid in the interpretation of existing statutes and re...
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Employment Services Alert
The Ohio Bureau of Workers’ Compensation (BWC), along with Governor John Kasich, has proposed yet another one-time rebate that will return some $1.5 billion to Ohio employers. This would represent the largest rebate in two decades.
Private employe...
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Employment Services Alert
The Supreme Court of Ohio issued an opinion last week that provides a cautionary tale whose main antagonist is the broad reach of Ohio’s automatic subrogation provision set forth in R.C. 4123.931(G). In Bur. of Workers’ Comp. v. Verlinger, Slip Opin...