After more than a year of waiting, the Ohio Supreme Court’s decision in State ex rel. AutoZone Stores, Inc. v. Indus. Comm’n has finally restored employers’ ability to defend against claims where an employee stops working for reasons unrelated to their injuries. The Ohio legislature added a new section to R.C. §4123.56 which went into effect on September 15, 2020. The newly added section (F) wiped out a long history of workers’ compensation case law regarding the “voluntary abandonment” doctrine. Previously, the doctrine of voluntary abandonment denied a claimant temporary total disability compensation (“TTD”) when the injured worker stopped working …
Now is the Time to Consider Updating Your Company’s Employee Handbook
RECEIVE ATTORNEY FEE REIMBURSEMENT UP TO $2,000 FROM THE BUREAU OF WORKERS’ COMPENSATION When was the last time you updated your employee handbook and personnel policies? If the answer is you can’t remember or if you know it has been at least a year ago, now may be a good time for a handbook review to make sure your business is compliant with the latest changes in state and federal laws and to minimize your litigation risks. A good handbook review should also be customized to ensure not only that your business has all necessary policies but also that these …
Court Rules Federal Trade Commission (FTC) Cannot Enforce Ban on Non-Compete Agreements
On August 20, 2024, a federal district court in Texas struck down the Federal Trade Commission’s sweeping ban on non-compete agreements. This nationwide injunction is a comfort to many employers just weeks before the FTC’s final rule was to go into effect on September 4th, 2024. If left alone, the FTC final rule would have invalidated millions of employment contracts. Although the FTC’s final rule carved out narrow exceptions, such as for pre-existing non-compete agreements for highly compensated senior executives, it would have invalidated the vast majority of pre-existing non-compete agreements and prevented employers from entering into new non-compete agreements. …
U.S. Dept of Labor Issues Final Rule to Raise Minimum Salary Amount Employers Must Pay to Avoid Paying Overtime Under the Fair Labor Standards Act
On April 23, 2024, the U.S. Department of Labor (DOL) issued its final rule to raise the minimum salary amount employers must pay to exempt employees to avoid paying overtime under the Fair Labor Standards Act (FLSA). Effective July 1, 2024, employers must pay certain salaried employees in the United States, who are classified as exempt, including those who take advantage of the common executive, administrative, and professional (EAP) exemptions, the equivalent of $844/week or $43,888/year to avoid overtime requirements. The previous threshold amount was $35,568/year. According to the DOL, the new salary level is being set at the 35th …
Federal Trade Commission Issues Final Rule Banning Most Noncompete Agreements
On April 23, 2024, the Federal Trade Commission (“FTC”) voted by a 3-2 margin to issue a final rule prohibiting employers from entering into and enforcing most non-competition agreements (“noncompetes”) against current and former workers. The FTC’s vote came more than a year after issuing its notice of a similar proposed rule on January 5, 2023 and collecting public comments through April 19, 2023. The FTC’s final rule proclaims that most noncompetes constitute a form of unfair competition pursuant to the FTC Act (15 U.S.C. § 45). In 2023, after seeking client input, Coolidge Wall submitted a public comment to …
Coolidge Wall Receives 2024 Best Law Firms First-tier Ranking
Dayton, Ohio – Coolidge Wall Co., L.P.A. has received first-tier metropolitan ranking in 10 practice areas by U.S. News & World Report and Best Lawyers in the 2024 “Best Law Firms” list. Achieving a top tiered ranking signals a unique combination of quality law practice and breadth of legal expertise among ranked law firms. The 10 areas for which the firm received Tier 1 ranking are Commercial Litigation, Corporate Law, Employment Law-Management, Labor Law-Management, Litigation-Labor & Employment, Litigation-Real Estate, Real Estate Law, Tax Law, Trusts & Estates Law, and Workers’ Compensation Law-Employers. To be eligible for a ranking, a firm …
Join us for Coolidge Wall’s Annual Labor and Employment Complimentary Seminar
Please join us for Coolidge Wall’s annual Labor and Employment Seminar, where you will get the latest updates on labor law and other relevant information for your company. Time: 8:00 am to Noon Date: Wednesday, October 25, 2023 Location: Tipp Center, 855 North Third Street, Tipp City, Ohio 45371 A continental breakfast will be served. RSVP to Nicole Farren at . Agenda and Topics: 8:00 – Registration/networking/breakfast 8:30 – Employment Law Update: What’s New for 2023 Department of Labor Non-compete agreements and restrictive covenants Ohio marijuana laws Other hot topics 9:15 – New Federal Protections for Pregnant and Nursing Mothers Providing Urgent …
Coolidge Wall Seeks Business Input in Response to FTC’s Proposed Noncompetition Rule
As previously noted in our Coolidge Wall blog (https://www.coollaw.com/blog/2023/01/ftc-proposes-rule-to-ban-noncompete-clauses/), on January 5, 2023, the Federal Trade Commission (FTC) released a Notice of Proposed Rulemaking called the “Non-Compete Clause Rule” (the “Proposed Rule”). The Proposed Rule would prohibit employers in most industries from executing or maintaining noncompetition agreements with their employees and other workers. This exercise of executive branch power would interfere with the ability of companies and individuals to enter contracts, in the name of preventing “restraints on trade.” The Proposed Rule would literally void noncompetition agreements already in existence, and it would, we predict, have enormous unintended negative consequences …
Federal Trade Commission (FTC) Proposes Rule to Ban Noncompete Clauses
On January 5, 2023, the FTC released a Notice of Proposed Rulemaking that would prohibit employers from executing noncompete agreements with paid or unpaid employees, independent contractors, interns, volunteers, and apprentices. In addition to prohibiting employers from enforcing new noncompete agreements, the proposed rule would also operate retroactively to render existing noncompete clauses unenforceable and require employers to inform employees subject to a noncompete that the noncompete is void within 45 days of the rule’s implementation. The FTC proposed rule defines noncompete clauses to mean “a contractual term between an employer and a worker that prevents the worker from seeking …
Ohio’s New Concealed Carry Gun Law: How Does It Impact Private Employers?
Effective June 13, 2022, Ohio Senate Bill 215, permits “qualifying adults” to legally carry, possess, and conceal a handgun without a license, background check, or training requirements. According to the new statute, codified at Ohio Revised Code § 2923.125A: Regardless of whether the person has been issued a concealed handgun license, … a person who is a qualifying adult may carry a concealed handgun that is not a restricted firearm anywhere in this state in which a person who has been issued a concealed handgun license may carry a concealed handgun. A “qualifying adult” must, among other criteria, be at …