Alert

June 09, 2016

Ohio Legislature Passes Over 30 Bills in 48 Hours

The Ohio General Assembly is officially on summer recess as they gear up for their November elections. They had a busy spring session, culminating in two whirlwind days during the last week of May, where they passed over 30 bills. The topics ranged f...

 Alert

May 18, 2016

Department of Labor Issues Final Rule Expanding Overtime Pay

The Department of Labor (DOL) has issued a final rule expanding the number of Americans that qualify for overtime pay under the Fair Labor Standards Act (FLSA). The new rule, issued on May 18, 2016, will more than double the annual salary threshold t...

 Alert

May 12, 2016

OSHA Finalizes Controversial Electronic Recordkeeping Rule

The Occupational Safety and Health Administration (OSHA) has issued its final rule revising its regulations on the recording and reporting of occupational injuries and illnesses.  Under the rule, establishments with 250 or more employees must elec...

 Article

May 2016

Is Arbitration All It's Cracked Up To Be?

In the late 1980s, early 1990s, alternative dispute resolution came on the scene and was all the rage as a means to effectively and quickly resolve disputes on construction projects at a lower cost than litigation. Now, many years later, the tide has...

 Alert

May 10, 2016

FDA Issues "Deeming Regulations" Covering Additional Tobacco Products Including Electronic Cigarettes, Cigars and Pipe Tobacco

On May 10, 2016, the Food and Drug Administration (FDA) issued a final rule (Deeming Regulations) bringing cigars, pipe tobacco, electronic nicotine delivery systems (ENDS) (including electronic cigarettes), water pipe (hookah) tobacco, dissolvab...

 Alert

May 04, 2016

State and Local Governments Considering Drone Laws Should Consult with the FAA

Recently, the Cleveland City Council passed legislation aimed at giving local law enforcement the power to enforce federal restrictions on flying drones (also known as unmanned aircraft systems or “UAS”) within city limits. The Cleveland law mirrors...

 Article

The Trials and Errors of Preventability Determinations

(April 2016)

 Article

Retail Liability in 140 Characters Or Less: Foreseeability In The Social Media Age

 Alert

April 28, 2016

"60 Days" Means 60 Days - Appellate Court Reiterates Construction Lien Law Will Be Strictly Construed

By: Thomas P. Wert, Esquire, Board Certified Construction Lawyer1 Lienors beware – when the Florida lien law says “60 days,” the Florida lien law means 60 days. On April 8th, a Florida Court of Appeal confirmed once again that the deadlines set...

 Alert

April 11, 2016

Favorable Ruling for Insurance Agency and Its Agents

A decision recently issued by the Crawford County Court of Common Pleas is a positive signal for insurance agencies and their agents. Although the insureds asserted numerous claims in the suit − including fraudulent misrepresentation, negligent procu...

 Article

What Makes a Motor Carrier Unfit for Service?

A proposed rule published by the Federal Motor Carrier Safety Administration (FMCSA or Agency) seeks to change the methodology for determining whether a motor carrier is unfit. Currently, the Agency has the authority to shut down a motor carrier only...

 Alert

March 30, 2016

Commercial Use of Drones Subject to Shifting Policies

FAA issues interim policy for commercial drones that weigh less than 55 pounds Businesses that operate, or plan to operate, a drone for a commercial purpose must receive a specific grant of permission from the Federal Aviation Administration (FAA)...

 Alert

March 23, 2016

Department of Labor's "Persuader Rules" to be Published Tomorrow

Labor lawyers at Roetzel have been warning clients about the “Persuader Rules” for five years. These rules will be published by the federal government tomorrow, March 24, 2016, and will go into effect 30 days later. While the nuances of the Persuader...

 Alert

March 17, 2016

Proposed FLSA Overtime Rules Sent to the Office of Management and Budget

On March 14, 2016, the White House’s Office of Management and Budget (“OMB”) received the proposed and long-anticipated Fair Labor Standards Act overtime regulations from the Department of Labor. This is the final step before the publication of the r...

 Alert

February 24, 2016

Ohio General Assembly Enacts Ban-the-Box For All Ohio Public Employers

On December 23, 2015, Ohio Governor John Kasich signed into law House Bill 56, known as the Ohio Fair Hiring Act. Continuing the trend of “ban-the-box” across the United States, as well as the implementation of such a provision for Ohio state employe...

 Alert

February 22, 2016

Court Reaffirms Damages Analysis in Construction Defect Cases

By:  Thomas P. Wert B.C.S.[1] On February 5, 2015, the Court of Appeals, Second District, reaffirmed the means by which courts determine damages for construction defect claims.  Gray v. Mark Hall Homes, Inc., 2016 WL 459436 (Fla. 2nd DCA Feb. 5, 2...

 Alert

February 02, 2016

Tax Exemption of Board-Owned Real Estate

On December 30, 2015, the Ohio Supreme Court issued a decision that signals a departure from how the Tax Commissioner of Ohio will treat real estate owned by a board of education regarding tax exemption applications.  Previously, board-owned real est...

 Alert

January 22, 2016

Ohio Supreme Court Rules on Beck Energy Lease Validity Cases

On January 21, 2016, the Ohio Supreme Court issued a decision affecting the minerals rights of hundreds of landowners in Monroe County who leased with Beck Energy:  State ex rel. Claugus Family Farm, L.P. v. Seventh Dist. Court of Appeals. The decisi...

 Article

Driver Coercion Rule: What Shippers and Carriers Need to Know

In November 2015, the Federal Motor Carrier Safety Administration (FMCSA) adopted regulations that prohibit drivers from being coerced to operate commercial motor vehicles in violation of certain provisions of the Federal Motor Carrier Safety Regulat...

 Alert

January 08, 2016

Insurer Not Engaging in a "Consumer Transaction"

Ohio Supreme Court holds estimates for car repairs by insurance companies are not subject to damages under the state’s Consumer Sales Practices Act After hitting a deer, Jerry Dillon (Dillon) and Nancy Dillon filed a claim with their insurer, Farm...