The opportunities and advantages associated with being your own boss and operating your own business are endless. However, with great opportunity comes great risk. Although getting out of the red and into the black is understandably your top priority, equally as important is avoiding legal pitfalls that can compromise your business assets, and possibly your personal ones. Below is a non-inclusive list of some legal considerations small business owners should be aware of. Corporate Form In Ohio, doing business under another name does not create an entity distinct from the person operating the business. The individual who does business as …
Supreme Court Upholds DOL Authority to Determine Employee Status
On March 9, 2015, the United States Supreme Court issued a significant decision impacting employers who are concerned with whether or not their workers can be classified as exempt employees under the Fair Labor Standards Act. The decision in Perez v. Mortgage Bankers Assn. confirmed that the DOL had the ability to interpret its rules to determine that mortgage lenders were non-exempt employees. As such, mortgage lenders need to be paid overtime for every hour worked over forty per week. However, the impact of the decision extends far beyond the mortgage banking industry. Perez dealt with the much broader issue …
Home Rule Authority in Ohio Municipalities
Ohio cities have flexibility under Ohio law to establish laws in accordance with the powers of local self-government, otherwise known as Home Rule Authority. The relevant provisions of the Ohio Constitution were enacted in 1912 and read: Municipal Powers of Local Self-Government. §3 Municipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws. Home rule; Municipal Charter. §7 Any municipality may frame and adopt or amend a charter for its government and may, subject to …
Coolidge Attorneys Receive Super Lawyers Recognition
Coolidge Wall is pleased to announce that six of its attorneys have been selected by their peers as 2015 Ohio Super Lawyers®: Michelle D. Bach (Workers’ Compensation) Christopher R. Conard (General Litigation) David C. Korte (Workers’ Compensation) Stephen M. McHugh (State/Local/Municipal Law) David P. Pierce (Business Litigation) Sam Warwar (Tax Law) Individuals listed in the Ohio Super Lawyers publication and on the website (www.superlawyers.com) are chosen based on a thorough evaluation process that includes peer review by practice area and independent research after being nominated by their peers. Additionally, Joshua R. Lounsbury has been selected as a 2015 Ohio Rising …
Government Employers: Do Your Current Termination Practices Protect You from Procedural Due Process Claims?
What is procedural due process? Procedural due process is a constitutionally protected interest. Due to this interest, prior to any taking of life, liberty, or property by the government, United States’ citizens are entitled to notice and the opportunity to be heard. Public employers should particularly be concerned with their employees’ property and liberty interests and educate themselves on the type of process due to its employees prior to, and in some cases after, the termination of an employee. Property Interest In the public employment context, some employees may have a property interest in their continued employment. To determine whether …
Is “Standing” Required Before Boards of Zoning Appeals?
The Board of Zoning Appeals (“BZA”) of a political subdivision in Ohio is an administrative body which conducts “quasi-judicial” proceedings. BZA decisions can be appealed under Ohio Revised Code §2506.01. State ex rel. Travelcenters of Am., Inc. v. Westfield Township Zoning Comm (1999) 87 Ohio St.3d 161. The BZA must establish a record of proceedings which, upon review by a court of common pleas, is not determined to be “unconstitutional, illegal, arbitrary, capricious, unreasonable, or unsupported by the preponderance of substantial, reliable, and probative evidence on the whole record.” R.C. §2506.04. Therefore, a BZA should not consider evidence which is …
EEOC Challenges Wellness Programs
Many employers are implementing wellness programs associated with providing employees health insurance. The EEOC is concerned about wellness programs and has filed at least two complaints this year alleging that an employer’s wellness program violated the Americans with Disabilities Act of 1990. In the first complaint, EEOC v. Orion Energy Systems, Inc., the employer implemented a wellness program under which the employees were required to complete a health risk assessment that included a physical fitness component. The health risk assessment required that employees disclose their medical history, answer disability-related inquiries, and have blood work performed. One employee objected to participation …
An Overview of the Process of Appealing a Decision of the Board of Revision
The Board of Revision is traditionally the starting point for appealing the County’s valuation of your real property. But is a Board of Revision determination final, or is further review available? Further review is available; determinations of the Board of Revision may be appealed to either the Board of Tax Appeals or the Court of Common Pleas. Below are some fast facts regarding the appeals process. Timing. Regardless of whether the appeal is taken to the Board of Tax Appeals or to the Court of Common Pleas, the deadline to appeal is the same: thirty (30) days from the date …
IRS Announces 2015 Pension Plan Limitations
On October 23, 2014, the IRS announced cost-of-living adjustments for 2015 retirement plan contributions. For 2015, the amounts that individuals will be able to contribute to retirement plans will increase $500 to $18,000. The catch-up contribution limit for employees age 50 and over will also increase $500 to $6,000. This chart summarizes the limitations for 2015: Contribution Limits 2015 2014 Elective Deferral Limit – 401(k), 403(b) and 457(b) Plans $18,000 $17,500 Catch-Up Contribution Limit $6,000 $5,500 Elective Deferral Limit – SIMPLE Retirement Plan $12,500 $12,000 Catch-Up Contribution Limit – SIMPLE Retirement Plan $3,000 $2,500 Contribution Limit – IRA $5,500 $5,500 …
Employee Background Checks: The Importance of Doing Them Right
Many of us know the name Edward Snowden. He is the Computer specialist accused of espionage and theft of government property. He allegedly revealed large-scale domestic spying efforts conducted by the United States and British governments. As a former contractor with access to highly sensitive information, his actions caused international scandal, a manhunt, and general animosity toward the United States and its secret, sanctioned invasion of the rights of its citizens. This past June, the government Office of Personnel Management noted that Mr. Snowden’s pre-employment background check may have been done incorrectly. This revelation – and the security breach resulting …