Insights
Insights
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- Legislation was recently introduced in the Ohio Senate by Senator Joe Uecker to protect employees who engage in certain off-duty conduct from adverse job actions. At least 29 states and the District of Columbia currently have laws that protect employees to some extent from adverse action based on their off-duty activities.
- Jackie Ford and Elizabeth T. Smith, attorneys in the Vorys Columbus and Houston offices and members of the litigation and labor and employment groups, co-authored an article titled “Crisis Management Takes a Team.” It was featured in the June 2015 edition of the AICUO Affiliate Member Newsletter.
- More employers are using or considering payroll debit cards instead of paper checks or direct deposit to pay their employees. For employers, these cards may be less expensive than physical checks; for employees, these cards allow them to withdraw funds and make payments much like traditional debit cards.
- Greg Russell, Pete Lusenhop and Steven Chang, attorneys in the Vorys Columbus office, co-authored an article for the June 2015 edition of the Oil and Gas Journal titled “Ohio Weighs Post-Production Costs, Royalty Calculations.”
- Heather Kabele, a partner in the Vorys Houston office and a member of the litigation group, authored an article for the Journal of Commerce titled “Treasury Targets Electronics Exporters, Carriers in Miami.”
- The Fair Labor Standards Act (FLSA) requires employers to keep records of nonexempt employees’ hours worked each day, total hours worked each workweek, regular hourly rate, and straight and overtime wages. There is no required form for these records, but the records must include accurate information about the hours worked and the wages earned. A recent case from the Sixth Circuit Court of Appeals reinforces the importance of good record keeping when it comes to tracking employees’ work time. In Moran v. Al Basit, the Sixth Circuit answered “one simple question: Where Plaintiff has presented no other evidence, is Plaintiff's testimony sufficient to defeat Defendant's motion for summary judgment? We hold that it is.”
- Tom Crookes, a partner in the Vorys Akron office and a member of the labor and employment group, authored an article for Crain’s Cleveland Business titled “Prep For, But Don't Ban Politics Talk.”
- Nelson Cary, a partner in the Columbus office, and Ashley Manfull, a senior attorney in the Akron office, co-authored an article for Crain’s Cleveland Business titled “Policies on Employee Appearance and Social Media Use Declared Unlawful.”
- Today the Supreme Court issued its decision in Kellogg Brown & Root Servs., Inc. v. United States ex rel. Carter. On the first question presented, the Court held that the Wartime Suspension of Limitations Act (WSLA) applies only to criminal offenses and thus does not toll the False Claims Act’s (FCA) statute of limitations indefinitely while the United States is in armed conflict.
- Last month, the Sixth Circuit reaffirmed the fair market value (FMV) standard as the primary measure of damages in False Claims Act (FCA) cases—and demonstrated the teeth of that requirement when evidence (including expert testimony) is not presented to support an FMV determination. United States v. United Technologies Corp., 2015 U.S. App. LEXIS 5476 (6th Cir. April 6, 2015), represented the culmination of a decades-long dispute between the government and United Technologies’ Pratt & Whitney unit over pricing for engines supplied to the Air Force for use in its F-15 and F-16 aircraft.
- On May 21, 2015, the Supreme Court of Ohio ruled that private entities, even sub-parts of private universities, can quality as public bodies with duties to comply with Ohio’s Public Records Act.
- On May 18, 2015, the U.S. Supreme Court unanimously held in the case of Tibble v. Edison International that fiduciaries of an ERISA plan have a continuing duty to monitor investments and to remove imprudent ones. This decision continues a recent trend in which the Court has demonstrated its willingness to overturn courts of appeals in ERISA cases.
- Blending of families and the handling of the financial assets brought into a new marriage require estate planning solutions specially tailored to meet the unique circumstances inherent in such situations.
- The Fourth Circuit Court of Appeals (which covers Maryland, Virginia, West Virginia, North Carolina and South Carolina) recently held that calling an African-American employee a “porch monkey” twice within 24 hours was so severe that it created a hostile work environment. The Court also found that the employee’s complaints about the comments were protected by the anti-retaliation provisions of Title VII.
- The IRS announced the 2016 indexed amounts for health savings accounts (HSAs) and high deductible health plans (HDHPs).
- Jackie Ford, partner in the Vorys Houston and Columbus offices, authored an article for Law360 on whether traditional definitions of property and ownership include social media accounts.
- Although visual in nature, people are not immune from defamation on the popular photo-sharing app Instagram. In fact, in 2014 – merits of the claims aside – rappers 50 Cent and The Game were each sued in unrelated matters for allegedly tarnishing others’ reputations through Instagram posts.
- On April 29, 2015, the Securities and Exchange Commission (SEC) proposed rules to implement Section 953(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which directs the SEC to require additional “pay-versus-performance” disclosure in any proxy information statements in which executive compensation disclosure is required pursuant to Item 402 of Regulation S-K.
- Pissed Consumer – branded as a “premier consumer advocacy group” – is home to countless online reviews and complaints about businesses across dozens of industries. For many small- and medium-sized businesses, false and defamatory reviews on Pissed Consumer can be quite harmful.
- On April 29, 2015, the U.S. Supreme Court unanimously held that courts may review the EEOC’s conciliation efforts that are a prerequisite to the EEOC’s filing suit against an employer under Title VII. The Court recognized that the EEOC has “expansive” and “abundant” discretion in how to conduct conciliation efforts and when to end them. Consequently, while courts may evaluate whether the EEOC has attempted conciliation, the scope of that judicial review is limited and “relatively barebones.”
June
Jackie Ford
Elizabeth T. Smith
Gregory D. Russell
Peter A. Lusenhop
Heather A. Kabele
Thomas R. CrookesMay
Nelson D. Cary
Ashley M. Manfull
Victor J. Ferguson
David A. Groenke
Emily S. Pan
David A. Swift
Mark E. VannattaInsights
2681 items, 20 items per page
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