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

House Bill 81 Brings Changes to Ohio Workers' Compensation Law

Governor DeWine approved House Bill 81, which makes several significant changes to Ohio Workers' Compensation law. The changes made by the legislation will go into effect on September 14, 2020. Now is the time to familiarize yourself with how these changes will affect your business.

Discrimination Law Protects Homosexual and Transgender Workers

In a landmark decision, the United States Supreme Court determined on June 15, 2020 that most gay and transgender workers are protected under federal law from employment discrimination. Justice Gorsuch delivered the Court's 6-3 opinion in Bostock v. Clayton County.[1] 

Treasury Department Issues Loan Forgiveness Application Form and Instructions

On May 15, 2020, the United States Treasury Department issued its long awaited Paycheck Protection Program ("PPP") Loan Forgiveness Application Instructions ("Forgiveness Application"), including a PPP Loan Forgiveness Calculation Form (with instructions) and a list of expected supporting documents to accompany the Forgiveness Application (3245-0407 SBA Form 3508 PPP Forgiveness Application.pdf).

COVID-19 Work Refusal: What To Do If An Employee Refuses To Go Back To Work

As non-essential Ohio businesses begin to reopen, some employees may not be eager to return. This could be due to lingering safety concerns about COVID-19 and/or because employees may be receiving an extra $600 a week in the form of unemployment benefits from the federal government. This $600 benefit is often in addition to whatever state unemployment benefits the employee receives, even if that results in the employee making more by staying at home than by returning to work.

Businesses Deal with the Challenges of Re-Opening While Complying with Ohio Mandates

On Friday, May 15, 2020, restaurants and bars were authorized to re-open their patios to customers for outdoor dining and drinking in the state of Ohio. On the same day, personal care businesses (such as hair salons) were permitted to re-open. The businesses in the restaurant industry and personal care industry that opted to re-open over the weekend are accustomed to industry regulations. However, these and other businesses are now faced with the challenge of complying with government mandates and guidelines different from those that existed before the pandemic.

The largest issues businesses are facing regarding re-opening may be related to enforcing social distancing for customers and whether to mandate that customers wear face coverings (masks).

Legislative Update: Ohio's Continued Effort to Legalize Sports Betting

In my September 6, 2018 blog post, I discussed the U.S. Supreme Court's 2018 ruling in Murphy v. National Collegiate Athletic Association, which held that the Professional and Amateur Sports Protection Act of 1992 ("PASPA") was unconstitutional. PASPA previously prohibited state-sanctioned sports betting and effectively outlawed sports betting anywhere but Nevada. The Supreme Court's ruling opened the door for all 50 states to legalize sports betting within their borders.

Ohio Sets Date For Additional Businesses To Re-Open

Restaurants, Bars, Hair Salons and Barbershops Among Those Included in May 7, 2020 Order

On Thursday, May 7, 2020, Ohio Governor DeWine announced Ohio's plan for additional nonessential businesses to open their doors to customers. Governor DeWine has announced that the restaurant and personal care working groups, which are two separate Ohio task forces comprised of stakeholders in these business sectors, have concluded their work. These two working groups have submitted their completed reports containing best practices and guidelines for re-opening to the Governor. While Ohio's Stay Safe Order still prohibits gatherings of more than 10 people, the Governor announced that these additional businesses can join the other non-essential businesses that have already been permitted to open. A full explanation of those businesses was provided in our previous blog post which can be found here.

PPP Loans -- Building the Case to Support Your Certification of Economic Need

UPDATE AS OF MAY 5, 2020 - SBA EXTENDS SAFE HARBOR TO MAY 14, 2020 AND PROMISES FURTHER GUIDANCE PRIOR TO THEN

In creating the Paycheck Protection Program ("PPP"), the CARES Act required that "an eligible recipient applying for a covered [i.e., PPP] loan shall make a good faith certification that . . . the uncertainty of current economic conditions makes necessary the loan request to support the ongoing operations of the eligible recipient." To that end, the application for a PPP loan includes the following certification by the applicant:

"[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant."

Ohio Begins to Go Back to Work

On Monday, April 27, 2020, Ohio Governor DeWine announced Ohio's plan for nonessential business to return to normal operations. While Ohio's Stay at Home Order remains in place and gatherings of 10 people or more are generally not permitted, the Governor announced that certain businesses can open on the following timetable:

Business Interruption Insurance Claims and Denials - Your Coverage May Vary

Business interruption insurance is intended to cover income lost because ordinary operations are disrupted (typically by a natural disaster, but also because of government action in some cases). Has anything in recent memory been more disruptive to business operations than COVID-19?

Business interruption is an optional extra added on to casualty insurance (your commercial general liability policy, property damage coverage, etc.). If you do not know whether you have it, you should probably stop reading now, and go check. While you are checking, look to see whether you have endorsements or riders specifically covering communicable diseases.