Insights

June

• 6/30/2016
  Three-Step Approach to Stopping Unauthorized Online Sales on eBay
  Unauthorized sales of products on third-party websites like eBay is significantly impacting many businesses.
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• 6/28/2016
  Labor and Employment Alert: Tennessee Requires New Signage to Prohibit Firearms on Employers’ Property
  Under Tennessee law, employers may generally prohibit employees and others from possessing weapons (including firearms) on their property. The key exception to this rule involves storing firearms in personal vehicles parked on the employer’s property by individuals with lawful handgun carry permits.
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• 6/28/2016
  Order Requiring Non-Party Yelp to Remove Defamatory Reviews Affirmed by California Appellate Court
  A California appellate court recently affirmed a lower court’s decision to require Yelp to remove three defamatory reviews. The First Appellate District did, however, remand the case to the trial court to narrow the terms of the removal order, which ordered Yelp to also remove potential future reviews.
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• 6/27/2016
  Labor and Employment Alert: Back to Basics - Summer Interns and the ACA Pay or Play Penalties
  You hired a summer intern who is eager to work as many hours as possible. If you allow the intern to work 30-plus hours per week during the summer, at what point would you have to offer medical coverage in order to avoid the risk of Affordable Care Act (ACA) pay or play penalties?
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• 6/27/2016
  Labor and Employment Alert: Federal Court Blocks Enforcement of Department of Labor’s 'Persuader Rule'
  A federal district judge in Texas today issued a nationwide injunction prohibiting enforcement of the Department of Labor’s (DOL) persuader rule, saying it threatens employers’ rights to secure legal advice about union organization.
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• 6/23/2016
  The Evaluator - Special Edition: Ohio BTA Holds That Big Box Property Is NOT Special Purpose; Finds Value Near Taxpayer’s Total
  The Ohio Board of Tax Appeals (BTA), on a remand from the Ohio Supreme Court, has held that the special purpose doctrine did not apply to a big box Lowe’s property.
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• 6/23/2016
  Labor and Employment Alert: Colorado Requires That Employees Be Allowed to Review Their Personnel File
  Effective January 1, 2017, Colorado’s private employers must allow current and former employees to inspect and copy their personnel files. The new law does not apply to a financial institution, bank, trust company, savings institution, or credit union. Nor does it apply to public employees, who already have access to their personnel records under the Colorado Open Records Act.
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• 6/22/2016
  • Michael C. Griffaton
  Keeping Things Civil & Legal When Talking Politics at Work
  Mike Griffaton, of counsel in the Vorys Columbus office and a member of the labor and employment group, authored an article for Columbus CEO titled “Keeping Things Civil & Legal When Talking Politics at Work.”
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• 6/20/2016
  Labor and Employment Alert: New Jersey Supreme Court Holds Public Policy Trumps Freedom of Contract
  In a case of first impression, the New Jersey Supreme Court unanimously held that an employer’s attempt to contractually shorten the two-year statute of limitations for claims under the New Jersey Law Against Discrimination (LAD) violates public policy and so is unenforceable. After reviewing the LAD’s legislative history and purpose, the Court concluded that “a private agreement that frustrates the LAD’s public-purpose imperative by shortening the two-year limitations period for private LAD claims cannot be enforced.”
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• 6/17/2016
  Labor and Employment Alert: Major Changes Proposed for Incentive Compensation – Limited to Financial Institutions or Preview of Coming Attractions for Other Types of Employers?
  On June 10, 2016, six agencies that regulate financial institutions (FDIC, SEC, OCC, Federal Reserve Board, National Credit Union Administration, and Federal Housing Finance Agency) jointly proposed regulations regarding incentive compensation for financial institutions.
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• 6/17/2016
  Removing Defamatory Statements From the Internet Using a Court Order
  For businesses and professionals defamed on the internet, most simply want the false content removed. Fortunately, there are a number of ways to obtain removal, one of which is through a court order.
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• 6/17/2016
  Removing Defamatory Statements From the Internet Using a Court Order
  Most businesses and professionals defamed on the internet simply want the false content removed. Fortunately, there are a number of ways to obtain removal, one of which is through a court order.
  Read more »
• 6/16/2016
  Whistleblower Defense Alert: Escobar: The Supreme Court Upholds Implied Certification Theory
  On Thursday, June 16, 2016 the United States Supreme Court released its decision in Universal Health Services, Inc. v. United States ex rel. Escobar (No. 15-7). In Escobar—argued on April 19, 2016—the Court decided the legal validity of the “implied certification” theory of liability under the False Claims Act (FCA).
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• 6/16/2016
  Labor and Employment: Important New Development Regarding DOL Persuader Rule: Agreement Prior to July 1 Could Limit Future Reporting Obligation
  The DOL has recently interpreted its new Persuader Rule to exclude an agreement or arrangement signed before July 1, 2016, even if the services and payments occur after July 1.
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• 6/16/2016
  How to Prevent Grey Market and Diverted Goods From Undercutting Your Prices on eBay
  Let’s say your company sells products on eBay.com. To monitor your products for sale, you frequently check eBay and notice that there are regularly many products being listed on the website for substantially less than your price.
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• 6/14/2016
  Client Alert: Putting the Government to Work for Your Business
  U.S. Customs and Border Control (CBC) is a powerful ally in the battle to prevent counterfeits from reaching the U.S. market. In 2015 an estimated 11 million maritime containers arrived on U.S. shores carrying imported products from all over the world.
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• 6/14/2016
  Labor and Employment Alert: Ninth Circuit Shows High Costs of Failing to Properly Calculate the Regular Rate
  In a case of first impression, the Ninth Circuit Court of Appeals recently considered whether an employer violated the Fair Labor Standards Act (FLSA) because it failed to include cash-in-lieu of benefits payments when it calculated employees’ regular rate of pay.
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• 6/10/2016
  Client Alert: Proposed Mandatory Chapter 13 Plan for the Southern District of Ohio
  The Bankruptcy Judges and Chapter 13 Trustees for the United States Bankruptcy Court for the Southern District of Ohio have reviewed and approved a proposed District Wide Mandatory Form Chapter 13 Plan and proposed form Order Confirming Chapter 13 Plan and Awarding Attorney Fees.
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• 6/9/2016
  Labor and Employment Alert: Ohio’s New Medical Marijuana Law Preserves Employers’ Rights
  On June 8, 2016, Governor John Kasich signed House Bill 523 to legalize the use of medical marijuana in Ohio. Ohio now joins the 25 states and District of Columbia that have “legalized” marijuana for medicinal purposes (marijuana use, possession, and distribution remains illegal under federal law).
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• 6/8/2016
  Labor and Employment Alert: Colorado Now Requires Reasonable Pregnancy Accommodations
  Effective August 10, 2016, Colorado employers will be required to provide job applicants and employees with reasonable accommodations for pregnancy and physical recovery from childbirth. An employer only has to provide an accommodation if requested and if the accommodation would not impose an undue hardship.
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