In an opinion published yesterday, the Supreme Court of Ohio declined to answer a certified question from the Northern District of Ohio regarding whether Ohio follows the “at the well” rule or the “marketable product” theory with respect to post-production costs, leaving it up to the federal court to interpret the parties’ contracts under traditional cannons of contract construction.
On Monday, the U.S. Court of Appeals for the Seventh Circuit overturned a district court order denying a request by the Federal Trade Commission (FTC) and the state of Illinois (collectively, the government) to preliminarily enjoin a merger between two Chicago-area health systems, Advocate Health Care Network (Advocate) and NorthShore University HealthSystem (NorthShore) (collectively, the hospitals).
The EEOC issued its Strategic Enforcement Plan for 2017-2021 setting forth “its continued commitment to focus efforts on those activities likely to have strategic impact.”
Spurred by the “Fight for $15” slogan, cities and counties throughout the United States have enacted laws to increase the minimum wage paid to employees within their jurisdictions. Authority for enacting local wage-hour legislation may come from a state’s constitution or statutes or the city or county charter or enabling legislation.
The State of California is rolling out a new tool for consumers to report potential violations of the California Online Privacy Protection Act (CalOPPA).
On October 21, 2016, the Pennsylvania Superior Court held that the mandatory payment of wages by payroll debit card does not satisfy the requirements of the state’s Wage Payment and Collection Law (WPCL).
On September 29, 2016, the U.S. Department of Labor released its final rule requiring that federal contractors provide up to 56 hours of paid sick leave per year to their employees.
Recently, the New York State Department of Financial Services (NYDFS) published its “first-in-the nation cybersecurity regulation” to impose cybersecurity requirements on NYDFS regulated entities such as banks, consumer lenders, money transmitters, insurance companies and other financial service providers.
California continues to expand its Labor Code. On September 25, 2016, California enacted a law that generally protects employees from having to adjudicate in other states any employment claims arising in California.
Last Tuesday, the U.S. Court of Appeals for the Third Circuit reversed a Pennsylvania district court’s decision denying a preliminary injunction in the Federal Trade Commission’s (FTC) and Commonwealth of Pennsylvania’s (collectively, the government) challenge to a merger between Pinnacle Health System (Pinnacle) and Penn State Hershey Medical Center (Hershey) (collectively the hospitals).
On September 27th, the Department of Justice entered into a settlement for $1 million with Tuomey Healthcare System, Inc.’s former Chief Executive Officer, Ralph J. Cox III.
House Bill 390 (HB 390)is effective on September 28, 2016. The foreclosure reform included in HB 390 impacts both residential and commercial property foreclosures.
On September 15, 2016, many oil and gas producers and surface owners of Ohio properties awoke to problematic news: the Supreme Court of Ohio, in Corban v. Chesapeake Exploration, L.L.C., et al., Slip Opinion No. 2016-Ohio-5796, held that the 1989 version of the Ohio Dormant Mineral Act (R.C. § 5301.56) (1989 DMA) was not self-executing (i.e., did not automatically abandon and vest dormant mineral interests in the surface owner of the property by operation of law).
The 2016 elections are just over a month away. Despite the importance of voting to the democratic process, no federal law requires employers to provide time off for their employees to vote.
The U.S. Department of Labor’s (DOL) new overtime rules become effective on December 1, 2016. On that day, the salary threshold to be considered an overtime-exempt employee will double from the existing $455 per week to $913 per week (or $47,476 per year).
Earlier this month, the United States Court of Appeals for the Seventh Circuit established a standard for application of Fed. R. Civ. P. 9(b) that significantly strengthens the bar imposed by the heightened pleading requirements of that rule.
The Security and Exchange Commission (SEC) has taken an increasingly hardline on employers’ confidentiality agreements and that its regulators are on the lookout for policies that impede an employee’s ability to report activities to regulator
