Insights
Insights
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- Employers in Ohio dodged a bullet last week. In a 5-2 ruling, the Ohio Supreme Court decided that a 2006 constitutional amendment increasing the minimum wage did not eliminate previously applicable exclusions and exemptions to the minimum wage requirement.
- It is important to regularly review asset titling and ensure such titling is consistent with one’s estate plan.
- Mr. Smith, a widower, died survived by his three children. At the time of his death, Mr. Smith had the following assets: Residence (valued at $250,000), Checking/Savings Accounts (valued at $50,000) and Investment Account (valued at $600,000).
- In March 2016, Utah enacted the “Post-Employment Restrictions Act” (House Bill 251) to regulate non-compete agreements. Beginning May 10, 2016, an employer and an employee may not agree to a post-employment restrictive covenant for more than one year from the day on which the employee is no longer employed by the employer. A restriction longer than one year is void.
- Unauthorized online sales have become very problematic for many businesses, including those offering high-end luxury products, companies selling beauty and skin care products and also multi-level marketing (or MLM) companies.
- A recent case from the Fifth Circuit Court of Appeals highlights the importance of well-drafted and strictly enforced wage-hour policies. In Ambrea Fairchild v. All American Check Cashing, Inc., 811 F.3d 776 (5th Cir. 2016), All American’s overtime policy prohibited hourly employees from working overtime without prior approval and required employees to accurately report all of their hours worked in its timekeeping system.
- Dick Schwartz, a partner in the Vorys Houston office and Buz Minor, a partner in the Vorys Columbus office, authored an article titled “Internal Investigations of Well Site Events: Observations on Common Practical, Legal and Ethical Issues” for the 36th Annual Energy & Mineral Law Institute.
- A recently decided case from an Ohio Court of Appeals breathes life into that proverb, teaching companies the importance of having a properly drafted employee handbook.
- As originally enacted in 2012, Philadelphia’s ban-the-box law applied to employers with at least 10 employees within the city. The law allowed employers to conduct criminal background checks on applicants after the first interview and employers could review an applicant’s entire criminal history.
- On March 2nd, the Consumer Financial Protection Bureau (CFPB) announced a $100,000 penalty and settlement with online payment processor Dwolla, Inc. (Dwolla) for weak data security practices.
- The Eighth District Court of Appeals recently struck down the Broadview Heights Community Bill of Rights as an invalid exercise of the home rule authority. The Community Bill of Rights, also known as Article XV of the City Charter, banned new oil and gas drilling and limited operation of current wells in the city. It also made it illegal to challenge Article XV as preempted by state law.
- Companies from many industries have long been contracting with distributors to sell products on an exclusive basis. As technology has evolved, however, it has become easier for anyone to sell products on the internet, and the diversion of products to unauthorized online sellers poses a serious threat to companies.
- Vorys Partners Pete Lusenhop and John Keller authored an article titled “Deduction of Post-Production Costs – An Analysis of Royalty Calculation Issues Across the Appalachian Basin” for the for the 36th Annual Energy & Mineral Law Institute Publication.
- The Equal Employment Opportunity Commission (EEOC) recently announced that it will now release employers’ position statements and non-confidential exhibits to charging parties as a matter of course during its investigations.
- On February 18, 2016, the Oregon legislature amended its minimum wage law with a unique, tiered approach. The intent is to balance the needs of the rural, farming communities with that of the growing Portland area. No other state has taken this approach to increasing its minimum wage.
- Monica Oathout, a partner in the Vorys Houston office and a member of the labor and employment group, authored an article for Texas Lawyer titled “Open Carry Law Presents Unsightly Small Business Problems.”
- We understand that incoming calls from reporters and media outlets can be scary. It’s natural to not want to comment and, instead, ignore the reporter’s call.
- On February 12, 2016, West Virginia enacted the Workplace Freedom Act, becoming the 26th state to enact right-to-work legislation (after Alabama, Arizona, Arkansas, Florida, Georgia, Indiana, Iowa, Idaho, Kansas, Louisiana, Michigan, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin and Wyoming).
- Energy and production companies seeking to develop an unconventional natural gas well site in Western Pennsylvania undoubtedly are familiar with the local zoning ordinance and well permit challenges being brought by those opposed to hydraulic fracturing.
- At the beginning of each government fiscal year, which starts October 1, the U.S. Citizenship and Immigration Services (USCIS) makes available an allocation of new H-1B visas. In general, the H-1B visa classification permits a foreign national to work in the United States for a temporary period in a “specialty occupation.”
March
Michelle L. Clemons
Victor J. Ferguson
David A. Groenke
Colleen B. Laux
Emily S. Pan
Ronald L. Rowland
Michael G. Schwartz
David A. Swift
Mark E. Vannatta
Suzanne R. Galyardt
Ronald J. Zmuda
Robert A. Minor
Richard A. Schwartz
Peter A. LusenhopFebruary
Monica F. OathoutInsights
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