In what is more than likely to be one of the most momentous legal controversies of 2014, the U.S. Supreme Court is poised to render a decision that reaches the very foundations of the Republic – and could potentially invalidate hundreds of official actions of the National Labor Relations Board and an even greater number of rules and quasi-judicial determinations by a host of other presidential appointees. On January 13, 2014, the U.S. Supreme Court heard oral arguments in National Labor Relations Board v. Noel Canning. The case involves an employer’s challenge to a determination of the National Labor Relations …
Law Firm Evolution: Coolidge Wall Chooses Nextpoint to Provide Litigation Services
Chicago, IL (PRWEB) May 06, 2014 The Dayton, Ohio law firm of Coolidge Wall Co. LPA has chosen Nextpoint to be the firm-wide provider of in-house eDiscovery collections, review, and trial presentation technology. By joining the Nextpoint Select Partner Program, Coolidge Wall will simplify litigation support for its small and medium-sized clients. With the benefit of Nextpoint training, the Firm can begin collecting, processing, reviewing, and stamping electronic evidence for litigation the moment a matter is launched. Founded in 1853, Coolidge is a full-service business law firm based in Dayton, Ohio with more than 30 attorneys practicing in Business, Real …
Limiting Real Estate Liability With an LLC or Corporation
As a real estate and corporate attorney, I often work with clients who own investment or rental property. A common question often arises: Should a client hold title to real estate in the client’s individual name, or would the client be better served by holding the property in a limited liability company (i.e., an LLC) or a corporation. Of course, the answer depends on the specific circumstances of the client’s situation, but there are often advantages to holding property in an entity owned by the client. The primary advantage of holding property in an LLC or corporation is limitation of …
Changes in Ohio Law to Prevent Opiate Overdose Deaths
On March 11 2014, Governor Kasich signed House Bill 170 into law. HB 170 made sweeping changes to the law in Ohio with regard to a drug known as Naxolone, used to prevent or reverse the effects of opiate overdose, including difficulty breathing, sleepiness, low blood pressure, and even death. Naxolone, brand name Narcan, can be administered as an injection or as a nasal spray. Naloxone does not reverse overdoses that are caused by non-opioid drugs, such as cocaine, benzodiazepines (e.g. Xanex, Klonopin and Valium), methamphetamines, or alcohol. According to the bill’s sponsors, per statistics kept by the Ohio Department …
No Decision on Union Election Agreements
Although it is not the normal response by management, there are some circumstances when employers are not opposed to the unionization of their workers. This has certainly not been our experience, but some executives feel the union apparatus could decrease their burdens in handling personnel matters. Others may survey the situation and, seeing union certification as inevitable, opt to try forming a working relationship with the union as early as possible rather than fighting an uphill campaign against it. This leads some employers to actually enter into agreements with unions to facilitate the election and certification process. However, employers who …
NLRB Reignites Efforts on “Ambush Elections Rule”
Union elections are a disruptive time for any company. While employers do have an opportunity to campaign against union certification prior to the union certification votes, many managers and human resources professionals would argue that the entire process is skewed in favor of unions. This is why it was particularly troubling in February 2014 when the National Labor Relations Board (NLRB) signaled its intent to once again consider the expedited elections procedures it previously attempted to enact in 2011. On February 5, 2014, the NLRB announced its intent to issue a Notice of Proposed Rulemaking setting forth an amended version …
Updating Your Employee Handbook in 2014
Has it been more than a year or two since you reviewed and revised your company’s employee handbook? If so, now may be a good time to do so. The following are a few policies on which you may want to concentrate in light of recent employment law developments: Healthcare and benefit policies. Given the U.S. Supreme Court’s recent decision in U.S. v. Windsor and subsequent guidance from the IRS and the U.S. Department of Labor (“DOL”), employers need to update their retirement and healthcare plans even if the employers are located in a state whose laws do not permit …
Federal Government Delays ACA Employer Mandate
The federal government recently issued final regulations that apply to the “employer mandate” or “play or pay” provisions under the Affordable Care Act (ACA). These provisions require employers with 50 or more employees to offer full-time employees (and their dependents) the opportunity to enroll in an adequate and affordable employer-sponsored health plan or pay a penalty. Last year, the government postponed enforcement of the new mandate until 2015. Now, the government has provided a further delay for employers with 50 to 99 employees and modified for one-year the coverage requirement that applies to employers with 100 or more employees: Employers …
When Settlement Isn’t the End: the EEOC’s War on Certainty in Severance Agreements
Imagine this scenario faced by many employers with exiting employees: the employer gives the exiting employee the option to contractually waive any future right to sue the employer in exchange for a lump sum, a golden (or silver) parachute. The employee has signed the severance agreement, cashed the check, and that chapter of the company’s life is closed. Or is it? Recently, the Equal Employment Opportunity Commission (“EEOC”) has sued national pharmacy chain CVS for provisions CVS included in severance agreements with employees. The EEOC claims that the severance agreements condition severance benefits on a variety of “fine print” clauses …
Use Caution When Choosing a Fiduciary
A well-publicized case out of Summit County highlights the importance of choosing your fiduciary wisely. Former radio personality Howie Chizek died in June 2012, leaving an estate with an estimated value of $1.6 million. The executor for his estate was an attorney named Charles M. Morgan. In addition to filing important probate documents late, the executor failed to file Ohio estate taxes, allowing interest and penalties to accrue for months after the estate tax return should have been filed. An executor has a number of important responsibilities, including, for example, filing inventories and other documents with the probate court in …