We have continued to follow the litigation and political maneuvering surrounding last year’s proposed wage and hour regulations. Those regulations, which would have increased the threshold requirement for most salary exempt positions from $455 to $913 per week, were temporarily halted nationwide last November by a federal judge in Texas. Since that time, the case has been appealed to the Fifth Circuit Court of Appeals, while political wrangling over the regulations has continued. Recently, President Trump’s initial pick for Secretary of Labor, Andrew Puzder, withdrew his nomination and was replaced by Alexander Acosta, the dean of Florida International Law School. …
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. Confidential law enforcement investigatory records (“CLEIRS”) are not considered public records pursuant to Ohio Revised Code Section 149.43(A)(1)(h). Investigatory work product may be withheld by a public office under the CLEIRS exception. Before the Ohio Supreme Court’s decision in Caster, the CLEIRS exception regarding investigatory work product was interpreted as applying until all possible proceedings had been completed, including …
Talda and Gentry To Give Presentation to DBA Corporate Counsel
Coolidge attorneys Richard Talda and Dan Gentry will be giving a presentation to the Corporate Counsel of the Dayton Bar Association on April 27. Their talk, “Caveat Emptor: Arbitration Insights — It May Cost More Than You Think,” will examine the preference under both Federal and Ohio law for enforcing arbitration agreements; the intended benefits for arbitration; and how well arbitration delivers on those intended benefits versus resolving disputes in traditional court proceedings.
Are Your Employees Up To Date On Their Cybersecurity Knowledge?
According to the recent IT Security Risks Survey conducted by Kaspersky Lab, 73% of companies have been affected by internal information security breaches, and the largest single cause of confidential data losses is employees at 42%. In fact, 19% of respondents said that at least one of their employees loses a mobile device containing corporate data at least once a year. If you are not already aware, then you should be informed that your employees are most likely the biggest risk to your company’s security networks. The best way to protect your company’s data and confidential information from accidental exposure …
Fleischauer and Bach Speak at Dayton Area Chamber HR Forum
Coolidge Wall attorneys Marc Fleischauer and Michelle Bach co-presented at the annual Dayton Area Chamber of Commerce Human Resources Forum held at the Crowne Plaza Hotel on Thursday, March 23, 2017, with more than 75 HR professionals in attendance. Their talk, “The Tricky Triangle of ADA, FLMA and Workers’ Compensation Absences,” covered topics related to employee leave, disability and accommodation issues under the ADA, FMLA and Workers’ Compensation law, and strategies for handling same. The event was hosted by the Dayton Area Chamber of Commerce and the Miami Valley Human Resources Association and was sponsored by Coolidge Wall and Staffmark. …
What are the central attributes of a tax-exempt organization?
Why does one organization pay local, state and federal income taxes, while another is exempt from such exactions? A responsive answer to that question must focus foremost and initially on an entity’s stated and actual objectives. Is the entity a business enterprise driven primarily — if not exclusively — by a money-making motive intended to profit its owners, managers and employees? Or, conversely, was it established with an aim to promote one or more charitable objectives? When many people think of tax-exempt organs, they likely think — and reasonably so — of organizations in Ohio and elsewhere that are somehow …
Ohio Bureau of Workers’ Compensation to Pay Another Big Rebate
Ohio employers will be happy to know that the Bureau of Workers’ Compensation is on the verge of providing them yet another major rebate. It has been announced that, for the third time in recent years, the Bureau of Workers’ Compensation is about to send $1 billion back to Ohio employers. As in the past, this will be a one-time rebate payment. The rebate needs to be approved by the Board of Directors of the Bureau of Workers’ Compensation, which is expected to meet regarding same, and approve same, on April 28. If you have any questions about Bureau of …
Corporate Development Executive, Business Lawyer Joins Coolidge To Lead Strategic And Advisory Services Business
Coolidge Wall Co., L.P.A. is pleased to announce that Douglas M. Ventura has joined the firm as President of Coolidge Strategic|Advisory Services (CSAS). Ventura will also be a member of Coolidge’s Corporate and Business Practice. As president of CSAS, Ventura will oversee this new ancillary services business, which offers business owners, investors and boards of directors a portfolio of services to develop, refine and execute long-term growth strategies. “Over the years, many of our clients have sought help developing and executing growth strategies,” said Sam Warwar, Shareholder and attorney in the firm’s Corporate and Business Department. “CSAS meets both of …
Taxes, liability and more: much for a business to think about
A writer in a recent media focus on law and business planning calls it “a crucial decision that has to be made right at the outset of the entity cycle.” We closely endorse his view on structural choice and related considerations on a page of our website spotlighting entity organization and enterprise strategy, noting that, as a commercial entrepreneur, “you must thoroughly evaluate your business model, management style and goals before choosing a structure.” In the Accounting Today article referenced above, tax specialist/editor Roger Russell reminds readers that, while tax-related implications “are a significant driver in determining which entity structure …
Wilberding Speaks to Lincoln Society about the Lincoln Memorial
On Sunday, March 5, 2017, Merle Wilberding was at Carillon Park where he gave a presentation to The Lincoln Society of Dayton entitled “The Lincoln Memorial.” The presentation covered the planning, construction, and dedication of the Lincoln Memorial in 1922, as well as its living history ever since. Over the years, the Lincoln Memorial has been the gateway and background to protests, performances, open dialogue and classic connections and confrontations. These events have included the “I Have a Dream” speech by Martin Luther King, the many protests during the Vietnam War, and the pre-inauguration celebrations by Presidents Clinton, Bush, Obama …