When filing for bankruptcy, a person may exempt “retirement funds” from the bankruptcy estate. However, last week the Supreme Court decided that the term “retirement funds” does not include funds in an inherited IRA. An inherited IRA is a traditional or Roth IRA that a person has inherited from the original owner. Inherited IRAs are different from traditional or Roth IRAs. First, the person who inherited the IRA must withdraw the funds within five years of the original owner’s death or take annual minimum distributions regardless of the age of the person. Additionally, the person can withdraw funds at any …
NLRB Rules that Cursing Out The Boss Is Protected Activity
Who knew an employee could dress down the owner of the company with profanity (while angrily pushing aside a chair, no less) and get away with it? The National Labor Relations Board – that’s who! Last week, on remand from the Ninth Circuit, the NLRB in Plaza Auto Center, Inc., 360 NLRB No. 117 (2014), again found that an employer violated the National Labor Relations Act by terminating an employee for a tirade during which the employee cursed at the owner, called him profanity-laced names, and, within the confines of a small enclosed office, pushed a chair aside to underscore …
U.S. Supreme Court holds that severance payments are subject to FICA
In a case decided earlier this year, United States v. Quality Stores, Inc., the U.S. Supreme Court resolved a split among the circuits and held that severance payments that are not linked to the receipt of state unemployment benefits are “wages” subject to FICA withholding. This decision overturned the Court of Appeals for the Sixth Circuit which had concluded that the taxpayer, Quality Stores, Inc., was entitled to a refund of FICA taxes paid with respect to severance payments. While not a favorable decision for the taxpayer, it does offer employers some certainty that severance payments, not linked to the …
8th District Court of Appeals Agrees with Common Pleas Court that BWC Group Rating is Unconstitutional
We had previously reported, back in late 2012, that the Cuyahoga County Court of Common Pleas determined that the Bureau of Workers’ Compensation’s group rating programs were illegal. That decision was appealed to the 8th District Court of Appeals, which issued its decision/analysis of the situation on May 15, 2014. The 8th District has agreed with the Common Pleas Court that the group rating programs are unconstitutional and, as a result, state-fund employers in Ohio may be entitled to hundreds of millions of dollars in premium rebates. The gist of the 8th District’s very lengthy opinion is that the group …
Validity of 2012-13 NLRB Decisions Hanging in the Balance
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 …