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Recent Blog Posts

State of Ohio reaches minority-owned business contract goal

Photo of Merle F. Wilberding

To make up for years of not doing business with minority-owned companies, the state of Ohio has set a goal of awarding 15 percent of its contracts to such firms in the state. And for the first time, the state has reached its quota, according to the Dayton Business Journal.

This is good news for minority business owners who do business with the state government, or are seeking to. However, locally, Dayton has a ways to go to reach the 15 percent quota.

Are They Coming or Going? -- An Analysis of the Coming-And-Going Rule and How it Applies to Home Health Aides and Nurses

Photo of Joshua R. Lounsbury

The question of whether the "coming-and-going" rule applies to home health aides and nurses during their travel to and from patients' homes is a complicated one. It is also a question that courts in Ohio have had a difficult time answering.

In Ohio, a worker is eligible to receive Workers' Compensation benefits for an injury if the injury was (1) received in the course of the employee's work, and (2) arose out of the injured worker's employment.[1] The injury must meet both prongs of the statute: being in the course of employment and arising out of the employment activity.[2]

Electing to Use Arbitration for your Business - What you can learn from Brady v. Goodell

Did Tom Brady cheat? Is he guilty? Is Commissioner Roger Goodell a power mad dictator? I am just as curious as most sports fans to see how this soap opera plays out.

Recently a local radio station asked me to "guest" on a sports talk show to give my legal thoughts on a possible Brady v. Goodell Federal Court lawsuit. Ultimately I didn't get my 4 minutes of local radio fame, and not because I would have been shy in front of the microphone. I was nixed after telling the station's sports director that his viewers might not think that what I had to say was very interesting.

Does an "S corporation" fit your business?

The "S Corporation" has been popular with business owners since its inception back in 1958 to present day. Each year, there are over 4.5 million tax returns filed by S corporations, which is more than any other business entity. Why is the S corporation election so popular?

First, the S election provides an entity, whether a corporation or limited liability company, the opportunity to gain "flow through" treatment for income tax purposes. This means that instead of taxing income at the entity level, all income flows through to be taxed at the owner's level.

Supreme Court Decides Religious Discrimination in Employment Case

An employer cannot refuse to hire an individual because of a religious practice that the employer could reasonably accommodate without hardship. In EEOC v. Abercrombie & Fitch Stores, Inc., the Supreme Court addressed the issue of whether an employer must have actual knowledge of the need for an accommodation.

Supreme Court Upholds Affordable Care Act Tax Credits

On June 25th the Supreme Court ruled that premium tax credits provided by the Affordable Care Act (ACA) to help individuals of low or moderate income to buy health insurance either on state- or federally-managed marketplaces are lawful. This means that people in all states, including the 34 states with federally-facilitated marketplaces, will continue to have access to the tax credits. Because of the Court's 6 to 3 ruling in King v. Burwell, ACA will remain unchanged, and individuals, employers, and health insurers must continue to comply with the law's individual and employer coverage mandates.

NLRB Supports Obscene Facebook Vulgarity, Punishes Common Sense Response

The National Labor Relations Board's decision in Pier Sixty, LLC, 362 NLRB 59 (2015), will be startling to many managers struggling to maintain civility in the workplace. Increasingly, supervisors and human resource departments are expected to behave like lawyers and to ignore common sense for what should be routine discipline decisions.

Think Twice Before You Delete: How "Cleaning-Up" Your Internet Presence During or Pending Litigation Can "Clean-Out" Your Bank Account

As if the lasting effects of your digital footprint were not deterrent enough, the possibility you could be destroying evidence and subjecting yourself to hundreds of thousands of dollars in fines if you delete material during existing or probable litigation should cause you pause before posting questionable material on social media outlets.

Is Your Estate Plan Up-To-Date?

In Being Mortal, an incredibly rich and revealing book about what people care about as they age, Dr. Atul Gawande described how impressed he was by the importance people placed on maintaining control of their lives.