Insights

December

• 12/12/2012
  Client Alert: Ohio Supreme Court Decision on Civil Penalties for Air Permit Violations
  The Ohio Supreme Court recently decided a case involving the appropriate method for calculating civil penalties for violations of an air permit. In State ex rel. Ohio Atty. Gen. v. Shelly Holding Co., Slip Opinion No. 2012 – Ohio – 5700 (Dec. 6, 2012), the Court was asked to determine whether a violation of an air permit could be considered a continuous violation until the permit holder demonstrated compliance.
  Read more »
• 12/11/2012
  Labor and Employment Alert: Health Plans Must Pay Reinsurance Fees and Other Employee Benefits News
  The regulatory agencies (the IRS, DOL, and HHS) have started to fill in some (but by no means all) of the gaps in the Affordable Care Act guidance needed to implement the transformation of health coverage that is supposed to happen in 2014.
  Read more »
• 12/10/2012
  Client Alert: Five Minutes That May Save Your Text Message Program Millions
  On November 29th, the Federal Communications Commission (FCC) granted a request for declaratory ruling filed by Soundbite Communications Inc. (Soundbite). The FCC held that a one-time text message confirming a consumer's request to opt-out of receiving text messages, if it meets specific requirements, does not violate the Telephone Consumer Protection Act (TCPA).
  Read more »
• 12/7/2012
  Labor and Employment Alert: Ohio Supreme Court Decides Intentional Tort Cases In Favor of Ohio Employers
  The employer, an electrical utility construction contractor, assigned its apprentice lineman (employee) to work at a site replacing old electrical power lines along Route 60 in New London, Ohio. The employer held a daily job-briefing in which it instructed workers that they were required to use protective rubber gloves and sleeves, (protective equipment) in case power lines became energized.
  Read more »
• 12/7/2012
  Health Care Alert: IRS Issues Final Regulations on ACA Medical Device Excise Tax
  The Internal Revenue Service (IRS) has released final regulations on the excise tax imposed on the sale of certain medical devices (the Device Tax) under the Affordable Care Act. The Device Tax will impact the sale of any taxable medical device by the manufacturer, producer, or importer of the device, at a rate of two-point-three percent (2.3%) of the sale price.
  Read more »

November

• November 2012
  • Jackie Ford
  Adultery and Email a Dangerous Combination
  Jackie Ford, a partner in the Vorys Houston and Columbus offices, wrote an op-ed for the Houston Chronicle about electronic communications and user privacy issues.In the op-ed, Ford reminds readers that email communications can be easily read by an employer or subpoenaed by the government.
  Read more »
• 11/21/2012
  Securities Alert: ISS Issues 2013 U.S. Corporate Governance Policy Updates
  On November 16, 2012, Institutional Shareholder Services Inc. (ISS) released the 2013 Updates to its U.S. Corporate Governance Policy (the 2013 Updates). The 2013 Updates will be effective for shareholder meetings on or after February 1, 2013, unless otherwise noted within the alert.
  Read more »
• 2012
  • Allen S. Kinzer
  Employment Law Manual: Ohio and Kentucky
  Allen S. Kinzer, a partner in the Vorys Columbus office, authored several sections of the XpertHR employment law manual for the states of Ohio and Kentucky. XpertHR is a unique online service to help employers comply with federal, state and municipal law, presented in a practical format designed specifically for HR Professionals.
  Read more »
• 2012
  • Allen S. Kinzer
  Employment Law How Tos
  Allen S. Kinzer, a partner in the Vorys Columbus office, and Barton A. Bixenstine, a partner in the Vorys Cleveland office, authored numerous how to documents for XpertHR. XpertHR is a unique online service to help employers comply with federal, state and municipal law, presented in a practical format designed specifically for HR Professionals.
  Read more »
• 2012
  • Allen S. Kinzer
  Employment Law Policies and Forms
  Allen S. Kinzer, a partner in the Vorys Columbus office, and Barton A. Bixenstine, a partner in the Vorys Cleveland office, authored numerous policy documents for XpertHR. XpertHR is a unique online service to help employers comply with federal, state and municipal law, presented in a practical format designed specifically for HR Professionals.
  Read more »
• 11/19/2012
  Labor and Employment Alert: Washington State Supreme Court Holds that Missed Rest Breaks May Result in Overtime Liability
  In Washington State Nurses Association v. Sacred Heart Medical Center, the Supreme Court of Washington held that when employees miss a legally mandated rest break, both the missed rest break and the additional labor provided during that missed break constitute "hours worked." In effect, missing a rest break extends the employees' workday, which may entitle them to overtime compensation under Washington law.
  Read more »
• 11/14/2012
  Oil and Gas Alert: NSPS Notice Requirement for Well Completions
  The federal government is increasing requirements for oil and gas operators. Pursuant to the recently published New Source Performance Standards (NSPS) for the Oil and Natural Gas Sector, 40 C.F.R., Part 60, subpart OOOO, effective October 15, 2012, owners or operators of hydraulically fractured natural gas wells must notify USEPA not later than two days prior to commencing well completion operations.
  Read more »
• 11/14/2012
  Health Care Alert: ICF Licensure conversion from ODH to DODD
  The licensure process for intermediate care facilities (ICFs) currently licensed by the Ohio Department of Health (ODH) as nursing homes has recently changed. ICF providers who are currently licensed by the ODH as nursing homes will need to apply for a residential facility license through the Ohio Department of Developmental Disabilities (DODD) by February 1, 2013.
  Read more »
• 11/7/2012
  Ohio Statehouse Update: Ohio Election Summary 2012
  This alert details results of the 2012 primary election.
  Read more »
• 11/2/2012
  • Jackie Ford
  Facebook Firings, Twitter Terminations: National Labor Relations Board Draws Shaky Line
  Jackie Ford, a partner in the Vorys Houston and Columbus offices, authored an op-ed for the Houston Business Journal . In the op-ed, Ford says that despite the growing significance of social media in everyday communication, employers still face increasing hazards in responding to its challenges.
  Read more »
• 11/2012
  Mediation Timing in Commercial and Employment Disputes
  Read more »
• 11/2012
  • Jonathan Ishee
  Accountability in Cross-Jurisdictional Telemedicine and Health
  Jonathan Ishee, of counsel in the Vorys Houston office and a member of the health care group, authored “Accountability in Cross-Jurisdictional Telemedicine and Health” for the November 2012 edition of the American Health Lawyers Association’s HIT News.
  Read more »

October

• 10/31/2012
  • Mark A. Knueve
  Employees’ Use of Smart Phones and Home Computers Increases Wage and Hour Risks
  Mark Knueve, a partner in the Vorys Columbus office, authored an article for the Human Resources Association of Central Ohio Connections about the recent increase in Fair Labor Standards Act lawsuits. He says that the trend is related to non-exempt employee use of smart phones or computers to perform work outside of regularly-scheduled work time.
  Read more »
• 10/30/2012
  Labor and Employment Alert: Court of Appeals for the Sixth Circuit Decision U.S. v. Quality Stores, Inc. Offers FICA Tax Refund Opportunity for Some Employers
  Read more »
• 10/26/2012
  The Evaluator - Special Edition: Act Now to Manage Your Ohio Real Property Taxes
  The state of Ohio requires county auditors to reappraise properties every six years and update those values in the middle of that cycle. The auditors for several Ohio counties listed below are currently finalizing property values to meet this obligation.
  Read more »