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Insights
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- As the M&A environment heats up and industry chatter increases, banks and their boards need to be prepared to take advantage of strategic opportunities. Boards should have an M&A strategy in place and this preparation needs to take place before the situation arises.
- Natalia Steele co-authored a column titled “Technological Advancements Have Led to More Traces of Infectious Disease—Now How to Assign Blame When They Cause Harm?” for Texas Lawyer.
- Democrats in Congress recently introduced the Schedules that Work Act to control how employers schedule their employees’ to work. The bill would apply to employers of 15 or more employees.
- Oregon is now the fourth state, after Connecticut, California, and Massachusetts, to mandate that employers provide their employees with sick leave benefits. Oregon’s new sick leave law goes into effect on January 1, 2016, applies to all private- and public-sector employees, and in most cases, requires that the sick leave be paid.
- In May 2014, the Court of Justice of the European Union ruled that individuals have the right to ask Google to remove certain search results about them. This “Right to Be Forgotten,” as it is popularly known, has led to nearly 290,000 removal requests and counting, with Google having evaluated well over a million URLs to date.
- The Ninth Circuit’s recent decision in U.S. ex rel. Hartpence v. Kinetic Concepts, Inc., 2015 U.S. App. Lexis 11643 (9th. Cir. July 7, 2015), overruled existing Ninth Circuit precedent regarding the requirements for meeting the public disclosure rule’s original source exception, weakening the public disclosure bar in the Ninth Circuit and opening the door for increased qui tam activity within that jurisdiction.
- A recent opinion from the federal district court for the Middle District of Pennsylvania determined that drivers who transported water to drilling rigs were not exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) or Pennsylvania law.
- Ohio’s one-time sales tax holiday starts on Friday, August 7, 2015 at 12:01 a.m. and ends on Sunday, August 9, 2015 at 11:59 p.m. Vendor compliance with this holiday is mandatory.
- Today, the U.S. Department of Labor (DOL) issued an Administrator’s Interpretation discussing the misclassification of employees as independent contractors. In this guidance, the DOL takes the position that “most workers are employees under the FLSA’s broad definitions.”
- On June 30th Governor Kasich signed Ohio’s 2016-2017 biennial budget. Amended Substitute House Bill 64 (HB 64) contains a few noteworthy tax reforms. That said, HB 64 is more noteworthy for the tax reforms the General Assembly considered but ultimately discarded -- a commercial activity tax (CAT) rate increase, severance tax reform, sales tax rate increase, and sales tax base expansion.
- On June 30, 2015, Governor Kasich signed into law Amended Substitute House Bill 64 (HB 64), which contains several tax law changes. Included in HB 64 are numerous modifications to both the Ohio Job Creation Tax Credit (JCTC) and the Ohio Job Retention Tax Credit (JRTC). These changes are effective September 29, 2015, the 91st day after the bill was signed. The most significant changes are described in this Alert.
- A Washington appellate court offered defamation plaintiffs a friendly reminder last week: if you want to unmask the identity of an unknown internet poster, you better present evidence to back up your defamation claims.
- On July 1, 2015, the SEC issued proposed rules that would require listed issuers to: • adopt and comply with a policy requiring the recovery of excess incentive-based compensation from the issuer’s executive officers in the event of material accounting restatements; and • disclose the listed issuer’s clawback policy and certain information relating to the application of such clawback policy.
- Jackie Ford, a partner in the Vorys Houston office and a member of the labor and employment group, authored an article titled “Same-Sex Marriage Decision a Win for Employers?” for Texas Lawyer.
- Unless you’ve been under a rock for the past year, you’re aware that perhaps top on the list of “risk management” items is the need to ascertain the viability and efficacy of your data security programs. Banking industry and agency literature has been replete with warnings and highlights. On June 30, 2015 the federal agencies, through the FFIEC, published their promised Cybersecurity Assessment Tool (CAT) to assist institutions, including those too small to have specific cybersecurity assessment resources, to evaluate cybersecurity risks and preparedness.
- Today, the U.S. Department of Labor issued a proposed rule that would significantly expand the overtime protections in the Fair Labor Standards Act. The rule would increase the salary an employee must receive before being considered overtime-exempt to $970 per week – $50,440 per year (or, $122,148 for highly compensated employees) in 2016.
- The Federal Trade Commission (FTC) has recently released its updated “What People are Asking” FAQs regarding its Endorsement Guides. The FTC’s Endorsement Guides help define what the FTC would consider to be a deceptive practice when using endorsements in advertising.
- As the deadline for passage of Ohio’s budget bill looms, a House-Senate Conference Committee worked over the weekend and is expected to meet to report a compromise version of House Bill 64, the state’s two-year main operating budget bill, by mid-week.
- On June 15, 2015, the Colorado Supreme Court unanimously held that employers may still terminate employees who use medical marijuana – even though medical marijuana use is specifically authorized by the Colorado Constitution and Colorado law protects employees’ lawful off-duty conduct.
July
Jeffery E. Smith
Natalia Steele
Victor J. Ferguson
David A. Groenke
Emily S. Pan
David A. Swift
Mark E. Vannatta
Jackie FordJune
Insights
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