In the unreported decision of Grossman v. Wehrle (In re Royal Management, Inc.), the Sixth Circuit joined ranks with the Second, Third and Seventh Circuits in holding that “a bankruptcy court is a ‘court of the United States’ within the meaning of 28 U.S.C. § 1927,” opposing the position taken by the Ninth and Tenth Circuits. The real story is not the existence of the split in authority, but rather the verification that bankruptcy courts in the Sixth Circuit (which is comprised of Kentucky, Michigan, Ohio and Tennessee) have augmented authority to issue sanctions against attorneys who increase expenses and …
Knowing About, and Preparing to Defend, a VSSR
In the midst of the “alphabet soup” of regulations and regulators that could affect your business, Ohio has an ingredient all its own…the VSSR. The acronym stands for “violation of specific safety requirement.” The safety requirements involved are located in the Ohio Administrative Code, and are separated under classifications for “workshops and factories” and “construction.” The regulations are akin to OSHA regulations, but not always parallel or consistent with OSHA regulations. The regulations are enforced through processes supervised by the Industrial Commission of Ohio (the adjudicating body handling administrative hearings in workers’ compensation claims). If an employee believes that his …
Employment policies: Stay on top of these with legal support
Strong communication with employees should be a top priority for Ohio business owners. Without effective communication, the relationship between these two groups of people can suffer considerably and people wind up with far more questions than answers — and far more disputes than resolutions. This is why your employment handbook will be so critical. As noted in this article by the U.S. Small Business Administration, handbooks should be written and revised in a way that is clear and informative, but it is also vital that they are legally sound and fair. Below, we will look at three areas of your …
Running for a Cause at the 10th Annual 5 for the Kids 5K!
On Friday, May 27, the Coolidge Wall race team captained by David Pierce participated in the 10th Annual 5 for the Kids 5K run to support CARE House. The team consisted of three runners and their combined time for the 3.1 mile course was a fast 1:07:11. In addition, all three runners finished in the top 20 overall. All of the proceeds from this event benefit CARE House. The mission of CARE House is to coordinate agency services for child abuse cases and provide educational services aimed at child abuse prevention. Since opening in 1999, the organization has helped over …
Can Employee Hours Be Reduced to Avoid Providing Health Insurance?
Once the Affordable Care Act was passed, employers began reviewing their options about providing health insurance coverage to employees. One option continually referenced in the news was how employers were considering reducing employee hours to avoid providing health insurance coverage. One employer is now the subject of a class action law suit that claims the employer violated ERISA when it reduced employee hours to avoid providing health insurance coverage. Marin v. Dave & Buster’s, Inc., S.D.N.Y. No. 1:15-cv-036081. Marin alleges on behalf of the affected employees that Dave & Buster’s reduced their hours as part of a company-wide plan to …
Important New Overtime Rules Effective December 1, 2016
On May 18, 2016, the Department of Labor announced new rules which will govern compensation for every employer in the country which is covered by the federal Fair Labor Standards Act. With a few exceptions, this includes any employer which has gross revenue of $500,000 or more. The new rules govern who is eligible for overtime. The general structure of the law has been in place since 1938 when the Fair Labor Standards Act was initially passed. The 1938 Act provides that employers are entitled to be paid time and a half for any hours worked over 40 hours in …
Start-up owners: Should you consider arbitration clauses?
Starting a new business is an incredible responsibility. Not only must you be focused on your business goals, you also need to manage the needs of your employees. To do this, you will likely want to have a handbook and employee agreements in place to establish some ground rules. You will also want to protect yourself and your bottom line, so it can be wise to consider including employment dispute resolution clauses in those agreements. Increasingly, start-up businesses are following in the footsteps of larger corporations and asking employees (and potential employees) to sign arbitration clauses. Arbitration clauses state that …
A Business Merger or Acquisition Can Get Complicated
We all know we need a medical checkup from time-to-time (and some of us actually go). But many otherwise responsible business people may not realize that an Asset Protection Checkup is just as important for the financial health and protection of their families. The best time for an Asset Protection Checkup is when times are good and business is on the rise (or expected to be on the rise). All too often, people wait until the tide has turned and potential risks become current problems before beginning to consider asset protection options. At that time, options for asset protection strategies …
Something cheer for? Supreme Court to rule on clothing copyrights
There are many questions when it comes to protecting certain elements of your business. Can you trademark your logo? Should you consider licensing agreements? How can you protect creative works? In some cases, these difficult decisions about what you can and cannot do may already be made for you, thanks to intellectual property laws. However, these can be extraordinarily complicated. For instance, copyright laws regarding clothing are being put under the microscope by the U.S. Supreme Court in response to a case between two cheerleading clothing companies. The case involves a large, well-established company, Varsity Brands, and a relatively new …
What Happens After a Charge Has Been Filed Against Your Company?
If you’re unfamiliar with the processes of the Ohio Civil Rights Commission (OCRC) or the Equal Employment Opportunity Commission (EEOC), receiving a charge can present some confusion in addition to the stress already inherent in responding to a charge. Having some basic knowledge about the investigation process can go a long way in handling the charge and avoiding preventable mistakes. After a charge has been filed against your company, an OCRC investigator will call to notify you of the charge. They will usually ask for the contact information of the individual with your company tasked with responding to the charge …