On January 12, 2021, Governor DeWine signed HB 352 into law, which brings Ohio’s anti-discrimination statute in line with existing federal law. Among other things, the law does the following key things which benefit employers: Reduces the statute of limitations for most discrimination claims to two years instead of six; Requires claimants to exhaust their administrative remedies and undergo scrutiny in most cases from the Ohio Civil Rights Commission instead of simply proceeding with a lawsuit; Protects managers and supervisors from suit unless they retaliate for opposing a discriminatory practice, aid a discriminatory practice, or obstruct a person from complying …
Lunch and Learn Legal Update: The Latest on COVID-19 for Employers
Please join Coolidge Wall attorneys Marc Fleischauer, David Pierce, Michelle Bach and Benjamin Mazer for an informative Lunch and Learn session on the latest legal updates on COVID-19 for employers. Date: Friday, January 15, 2021 Time: Noon to 1 pm Location: Zoom Meeting During this session, we will discuss the following: Mandatory Vaccinations – Yes or No? Modifications to CARES Act and Extension of Unemployment Benefits Workers’ Compensation Defense in the COVID Era COVID and ADA/FMLA Interplay Employer Civil Immunity from Liability Please RSVP to with your name, title, company and the telephone number that you will use if …
Eight Coolidge Wall Attorneys Named 2021 Ohio Super Lawyers
Coolidge Wall Co., L.P.A. is pleased to announce that eight of its attorneys have been selected by their peers for inclusion in 2021 Ohio Super Lawyers®: Michelle D. Bach: Workers’ Compensation Christopher R. Conard: General Litigation Marc L. Fleischauer: Employment & Labor David C. Korte: Workers’ Compensation Joshua R. Lounsbury, Workers’ Compensation Stephen M. McHugh: State, Local & Municipal David P. Pierce: Business Litigation Richard A. Talda: Business Litigation Super Lawyers, a Thomson Reuters business, is a rating service that selects outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional …
New Ohio COVID-19 Law Provides Businesses with Broad Immunity
On September 14, 2020 Governor DeWine signed House Bill 606 (the “Legislation”) into law giving many businesses protection from lawsuits due to COVID-19 and other infections. Specifically, the Legislation provides that no person is liable for a civil action for damages, injury, or death due to COVID-19 or similar illnesses unless the person engages in reckless conduct, intentional misconduct, or willful or wanton misconduct. These immunity provisions will become retroactive to March 9, 2020 and remain in effect until September 30, 2021. The definitions in the Legislation make it clear that the term “person” protects not only individuals but also …
Eighteen Coolidge Wall Attorneys Selected for The Best Lawyers in America® 2021 Edition
Coolidge Wall Co., L.P.A. is pleased to announce that 18 of its attorneys were recently selected by their peers for inclusion in The Best Lawyers in America® 2021 edition. Best Lawyers is regarded as the definitive guide to legal excellence. Its process is based on an exhaustive peer-review survey on the legal abilities of other lawyers in their practice areas. Lawyers may not pay a fee to be listed, so inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine called Best Lawyers “the most respected referral list of attorneys in practice.” The Coolidge attorneys selected for inclusion …
David Pierce Named New Chair of Coolidge Wall’s Litigation Department
Coolidge Wall Co., L.P.A. is pleased to announce that David P. Pierce has been selected as chair of the firm’s Litigation Department. Richard A. Talda previously served as department chair for almost 23 years. “David is an excellent litigator with a wealth of experience,” said J. Stephen Herbert, President and CEO of Coolidge. “Our litigation team will be in great hands under David’s leadership.” David is a shareholder within the firm and has practiced for more than 20 years with a primary focus in commercial disputes and employment issues. In addition to his extensive litigation experience, he served a term …
House Bill 81 Brings Changes to Ohio Workers’ Compensation Law
Governor DeWine approved House Bill 81, which makes several significant changes to Ohio Workers’ Compensation law. The changes made by the legislation will go into effect on September 14, 2020. Now is the time to familiarize yourself with how these changes will affect your business. The new statutory language will be set forth in Ohio Revised Code §4123.56(F) and will state, “If an employee is not working or has suffered a wage loss as the direct result of reasons unrelated to the allowed injury or occupational disease, the employee is not eligible to receive compensation under this section.” Applying the …
Discrimination Law Protects Homosexual and Transgender Workers
In a landmark decision, the United States Supreme Court determined on June 15, 2020 that most gay and transgender workers are protected under federal law from employment discrimination. Justice Gorsuch delivered the Court’s 6-3 opinion in Bostock v. Clayton County.[1] The issue in Bostock was one of statutory construction. Title VII of the Civil Rights Act of 1964 makes it “unlawful for an employer to fail or refuse to hire or discharge any individual, or otherwise to discriminate against any individual . . . because of such individual’s race, color, religion, sex, or national origin.”[2] The Court considered whether the …
COVID-19 Work Refusal: What To Do If An Employee Refuses To Go Back To Work
As non-essential Ohio businesses begin to reopen, some employees may not be eager to return. This could be due to lingering safety concerns about COVID-19 and/or because employees may be receiving an extra $600 a week in the form of unemployment benefits from the federal government. This $600 benefit is often in addition to whatever state unemployment benefits the employee receives, even if that results in the employee making more by staying at home than by returning to work. So, what can you do when you ask employees to come back to work and they refuse? First, it is important …
Treasury Department Issues Loan Forgiveness Application Form and Instructions
On May 15, 2020, the United States Treasury Department issued its long awaited Paycheck Protection Program (“PPP”) Loan Forgiveness Application Instructions (“Forgiveness Application”), including a PPP Loan Forgiveness Calculation Form (with instructions) and a list of expected supporting documents to accompany the Forgiveness Application (3245-0407 SBA Form 3508 PPP Forgiveness Application.pdf). The following is a summary of the material points from this guidance.[1] Eight-Week Period for Measuring Forgiveness – a Helpful Option Added The Borrower’s loan forgiveness is measured during the eight-week/56-day period following receipt of the PPP loan, with the first day being the date of receipt of the …