The ABCs of BZAs

In General, Real Estate by Coolidge Wall

Many communities in Ohio have Boards of Zoning Appeals (“BZAs”) to address issues such as variances, special permits and conditional uses. In Ohio, variances can take one of two forms as either an area variance or a use variance. An area variance is often a variance from size requirements such as minimum lot dimensions or minimum setback requirements. Use variances allow for a use which is not generally allowed within that particular zoning district. Use variances are disallowed by many local zoning codes. Under Ohio law, area variances serve as “escape valves”‘ to allow for flexibility from the strict application …

NLRB Decisions Invalidated by Supreme Court

In Business Law, Employment Law, General by Coolidge Wall

In Noel Canning v. NLRB, the Supreme Court issued a labor law decision most surprising because of its unanimity. The Supreme Court held on June 26, 2014, that President Obama’s controversial January 2012 appointments of three members to the National Labor Relations Board (Sharon Block, Terence F. Flynn, and Richard Griffin) were invalid exercises of his office under the Constitution. The NLRB in that case had ruled against an employer in an unfair labor practice charge. The employer appealed, asserting that because three of the nation’s five Board members had been placed on the Board by the President as “recess …

Good News For State-Fund Employers – Prospective Billing Is On The Way!

In Business Law, Employment Law, General by Coolidge Wall

You have likely received word from the Ohio Bureau of Workers’ Compensation of a major change coming in the manner in which it establishes workers’ compensation premiums. In July of 2015, the retrospective billing system for state-fund employers will be a thing of the past, as the Bureau moves to a prospective system. Most importantly, though, be advised that as a result of that transition, and to avoid a situation where employers are paying premiums twice during the overlap, the Bureau of Workers’ Compensation is actually granting an eight month premium credit for all private state-fund employers in July of …

Changes in state law affecting local ballot issues

In General, Municipal by Coolidge Wall

With summer in full swing, the November general election seems far off into the future. However, the deadline is fast approaching for local governments to submit issues to the Board of Elections for the November 2014 ballot. With recent changes to the Ohio Revised Code, local ballot questions must be submitted to the Board of Elections by August 6, 2014 for the November 4, 2014 general election. Political subdivisions such as municipalities have struggled with budgeting shortfalls in recent years. In 2011, the state government cut the Local Government Fund by $555 million, resulting in municipalities receiving significantly less funding …

The Supreme Court Narrows Affordable Care Act Contraception Mandate

In Business Law, Employee Benefits, General, Healthcare Reform by Coolidge Wall

The Affordable Care Act requires health plans to cover “preventive services” at no cost to participants. The federal government has identified 20 forms of contraception that are required to be included as part of preventive services. Various “for-profit” companies have challenged ACA’s birth control coverage requirement in about 50 lawsuits now pending across the country. Many of these employers are family owned, closely held or controlled companies whose owners object to the provision of contraceptive coverage on faith-based grounds. On June 30th, the last day of its 2013-2014 term, the Supreme Court issued a 5-4 decision in Burwell v. Hobby …