Did Tom Brady cheat? Is he guilty? Is Commissioner Roger Goodell a power mad dictator? I am just as curious as most sports fans to see how this soap opera plays out. Recently a local radio station asked me to “guest” on a sports talk show to give my legal thoughts on a possible Brady v. Goodell Federal Court lawsuit. Ultimately I didn’t get my 4 minutes of local radio fame, and not because I would have been shy in front of the microphone. I was nixed after telling the station’s sports director that his viewers might not think that …
Does an “S corporation” fit your business?
The “S Corporation” has been popular with business owners since its inception back in 1958 to present day. Each year, there are over 4.5 million tax returns filed by S corporations, which is more than any other business entity. Why is the S corporation election so popular? First, the S election provides an entity, whether a corporation or limited liability company, the opportunity to gain “flow through” treatment for income tax purposes. This means that instead of taxing income at the entity level, all income flows through to be taxed at the owner’s level. Second, there are certain employment tax …
Supreme Court Decides Religious Discrimination in Employment Case
An employer cannot refuse to hire an individual because of a religious practice that the employer could reasonably accommodate without hardship. In EEOC v. Abercrombie & Fitch Stores, Inc., the Supreme Court addressed the issue of whether an employer must have actual knowledge of the need for an accommodation. Abercrombie & Fitch Stores, Inc. (“Abercrombie”), a clothing store, requires all store employees to comply with a dress code policy that includes a prohibition on wearing informal “caps.” Samantha Elauf was unaware of the dress code policy when she applied and interviewed for a sales position. At the interview she wore …
S corporations offer tax advantages
Readers who are partners in an incorporated business may have heard of “S corporations” and that they enjoy a unique tax structure. The Small Business Administration has a lot of good information about S corporations, which we will summarize here. Also known as an S corp, an S corporation is a type of business organization in which profits and losses flow directly to the shareholders. This allows the business to avoid paying taxes; instead, the shareholders take care of it through their own personal income tax returns. This is similar to general partnerships, as we discussed in our previous post. …
Supreme Court Upholds Affordable Care Act Tax Credits
On June 25th the Supreme Court ruled that premium tax credits provided by the Affordable Care Act (ACA) to help individuals of low or moderate income to buy health insurance either on state- or federally-managed marketplaces are lawful. This means that people in all states, including the 34 states with federally-facilitated marketplaces, will continue to have access to the tax credits. Because of the Court’s 6 to 3 ruling in King v. Burwell, ACA will remain unchanged, and individuals, employers, and health insurers must continue to comply with the law’s individual and employer coverage mandates. Backdrop ACA requires most Americans …
In Ohio, what goes into Articles of Incorporation?
So you have decided to start a new business, and you would like to set it up as a corporation. Congratulations! While you are raising capital, hiring employees, signing contracts with vendors and obtaining the necessary licenses, don’t forget to file your Articles of Incorporation. Ohio law requires all corporations in the state to file a document called Original Articles of Incorporation with the Secretary of State before beginning to do business. The Articles are relatively simple, but must include the following: The corporation’s name, which must include either “Company,” “Co.,” “Corporation,” “Corp.,” “Incorporated,” or “Inc.” The location of the …
NLRB Supports Obscene Facebook Vulgarity, Punishes Common Sense Response
The National Labor Relations Board’s decision in Pier Sixty, LLC, 362 NLRB 59 (2015), will be startling to many managers struggling to maintain civility in the workplace. Increasingly, supervisors and human resource departments are expected to behave like lawyers and to ignore common sense for what should be routine discipline decisions. Although union activity is on the decline in most private sector industries, the catering company Pier Sixty was recently faced with an effort to unionize its New York operations. Two days before the employees were scheduled to vote on the EGU union petition, and just after receiving a reprimand …
Think Twice Before You Delete: How “Cleaning-Up” Your Internet Presence During or Pending Litigation Can “Clean-Out” Your Bank Account
As if the lasting effects of your digital footprint were not deterrent enough, the possibility you could be destroying evidence and subjecting yourself to hundreds of thousands of dollars in fines if you delete material during existing or probable litigation should cause you pause before posting questionable material on social media outlets. Ohio Courts recognize civil claims for destruction of evidence, or what is commonly referred to as “spoliation” of evidence. You are guilty of destruction of evidence if: 1. There is pending or probable litigation; 2. You have knowledge that the litigation exists or is probable; 3. You willfully …