Coolidge Wall Co., L.P.A.
Phone : 937-608-9464 | Toll Free : 877-422-0702

General Archives

The Ohio Supreme Court Changes its Interpretation of the Confidential Law Enforcement Investigatory Records Exception to the Ohio Public Records Act

In December of 2016, the Ohio Supreme Court, in State ex rel. Caster v. City of Columbus, 2016-Ohio-8394, changed the way that a public office may respond to a public records request where the confidential law enforcement investigatory records exception applies.

An Overview of New Statute Regarding Disputes Alleging Denial of Access to Public Records

On September 28, 2016, Ohio Revised Code Section 2743.75 went into effect, which gives the Court of Claims exclusive and sole jurisdiction over disputes alleging denial of access to public records. This Section gives aggrieved individuals an alternative to filing a mandamus action if their public records request is denied.

So You Repaired, Stored, or Towed a Car and The Owner Won't Come Pick It Up... Now What?

Abandoned vehicles are an all too common problem for owners of repair garages, towing services, and storage facilities. Fortunately, Ohio law allows these businesses to claim title to abandoned vehicles and if done properly, without the excessive cost of litigation to secure Court ordered title.

Home Rule Authority in Ohio Municipalities

Ohio cities have flexibility under Ohio law to establish laws in accordance with the powers of local self-government, otherwise known as Home Rule Authority. The relevant provisions of the Ohio Constitution were enacted in 1912 and read:

Government Employers: Do Your Current Termination Practices Protect You from Procedural Due Process Claims?

What is procedural due process? Procedural due process is a constitutionally protected interest. Due to this interest, prior to any taking of life, liberty, or property by the government, United States' citizens are entitled to notice and the opportunity to be heard.

Is "Standing" Required Before Boards of Zoning Appeals?

The Board of Zoning Appeals ("BZA") of a political subdivision in Ohio is an administrative body which conducts "quasi-judicial" proceedings. BZA decisions can be appealed under Ohio Revised Code §2506.01. State ex rel. Travelcenters of Am., Inc. v. Westfield Township Zoning Comm (1999) 87 Ohio St.3d 161.

EEOC Challenges Wellness Programs

Many employers are implementing wellness programs associated with providing employees health insurance. The EEOC is concerned about wellness programs and has filed at least two complaints this year alleging that an employer's wellness program violated the Americans with Disabilities Act of 1990.

IRS Announces 2015 Pension Plan Limitations

On October 23, 2014, the IRS announced cost-of-living adjustments for 2015 retirement plan contributions. For 2015, the amounts that individuals will be able to contribute to retirement plans will increase $500 to $18,000. The catch-up contribution limit for employees age 50 and over will also increase $500 to $6,000.

Putting the Money Where Its Mouth Is: DOL Funds 19 States' Independent Contractor Misclassification Crackdown

On September 15, the U.S. Department of Labor announced its award of $10.2 million in grants to 19 states to aid in their worker misclassification detection and enforcement efforts in unemployment insurance programs. Ohio is not a grant recipient, but our next door neighbor, Indiana, is receiving a hefty sum of $500,000.