Insights

March

• 3/10/2016
  Labor and Employment Alert: For Want Of A Nail: Without a Disclaimer, Employee Handbook May Create a Contract
  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.
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• 3/4/2016
  Labor and Employment Alert: Philadelphia Makes it Even Harder for Employers to Conduct Criminal Background Checks
  As originally enacted in 2012, Philadelphia’s ban-the-box law applied to employers with at least 10 employees within the city.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.
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• 3/4/2016
  Client Alert: Another Federal Regulator Steps Up Data Security Enforcement: CFPB Fines Online Payment Processor Dwolla for Lax Data Security
  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.
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• 3/4/2016
  Oil and Gas Alert: Local Initiative Power is Limited by the Home Rule Amendment: City of Broadview Heights Community Bill of Rights is Invalid
  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.
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• 3/1/2016
  Stopping Unauthorized Online Sales and Product Diversion: A New Approach (White Paper)
  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.
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• 3/1/2016
  • Peter A. Lusenhop
  Deduction of Post-Production Costs – An Analysis of Royalty Calculation Issues Across the Appalachian Basin
  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.
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February

• 2/25/2016
  Labor and Employment: EEOC Announces it will Release Employers’ Position Statements to Charging Parties
  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.
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• 2/22/2016
  Labor and Employment Alert: Oregon Enacts a First-Of-Its-Kind Tiered Minimum Wage
  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.
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• 2/22/2016
  • Monica A. Fitzgerald
  Open Carry Law Presents Unsightly Small Business Problems
  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.”
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• 2/19/2016
  Client Alert: A Reporter’s Call: Not One to Ignore
  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.
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• 2/17/2016
  Labor and Employment Alert: West Virginia Becomes a Right-To-Work State
  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).
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• 2/17/2016
  Oil and Gas Alert: Anti-Frackers Disappointed in Water Contamination Study
  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.
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• 2/16/2016
  Immigration Alert: Time to Prepare For April 1 H-1B Filings
  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.”
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• 2/16/2016
  Labor and Employment Alert: Ohio City Enacts Wage Theft Ordinance
  In January 2016, Cincinnati became the first city in Ohio to enact a law prohibiting “wage theft” and “payroll fraud” in city contracts. The ordinance applies to city contracts in excess of $25,000, including those involving community reinvestment area tax abatements, job creation tax credits, commercial loans, and conveyances of land for less than fair market value.
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• 2/16/2016
  Employers Must Be Careful Using Non-Disparagement Clauses to Discourage Employees’ Negative Online and Social Media Posts
  In recent years, there has been backlash against non-disparagement clauses pertaining to online reviews, specifically those attempting to restrict honest—albeit negative—feedback about companies. In fact, California passed a law in August 2014 prohibiting anti-negative review policies, while the Federal Trade Commission filed its first ever lawsuit over similar non-disparagement clauses last September.
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• 2/11/2016
  Client Alert: CMS Final Rule Clarifies and Eases Obligation to Report and Return Medicare Overpayments
  On February 11, 2016, Medicare regulators issued a final rule that relaxes the obligations for doctors and hospitals to report and return Medicare overpayments (RIN 0938-AQ58, CMS-6037-F).
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• 2/11/2016
  Health Care Alert: Proposed Updates to Federal Confidentiality of Alcohol and Drug Abuse Patient Records Regulations
  On Tuesday, the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA) published a proposed rule which would amend the Confidentiality of Alcohol and Drug Abuse Patient Records regulations, found in 42 C.F.R. Part 2.
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• 2/10/2016
  Client Alert: President Obama Issues Executive Orders Establishing the Federal Privacy Council and Commission on Enhancing National Cybersecurity
  As part of an ongoing effort to improve the federal government’s cybersecurity practices, President Barack Obama signed two executive orders this week establishing a Federal Privacy Council to be filled by Senior Agency Officials from at least 24 federal agencies, and a Commission on Enhancing National Cybersecurity, to be composed of up to 12 members appointed by the President.
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• 2/10/2016
  Labor and Employment Alert: Legislation Introduced to Reform Ohio’s Employment Discrimination Laws
  On February 1, 2016, Senator Bill Seitz (R-Cincinnati) introduced Senate Bill 268 in the Ohio General Assembly to significantly overhaul Ohio’s civil rights law.
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• 2/5/2016
  Oil and Gas Alert: EPA Proposes Amendments to GHG Reporting Rule for the Oil and Natural Gas Industry
  On January 29, 2016, USEPA proposed amendments to the petroleum and natural gas systems source category of the Greenhouse Gas Reporting Rule, 40 CFR Part 98, subpart W (GHG Reporting Rule).
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