On September 15, the U.S. Department of Labor announced its award of $10.2 million in grants to 19 states to aid in their worker misclassification detection and enforcement efforts in unemployment insurance programs. Ohio is not a grant recipient, but our next door neighbor, Indiana, is receiving a hefty sum of $500,000. The money is meant to help state unemployment agencies discover situations where employers are misclassifying employees as independent contractors, which typically means the employer is not reporting the individual’s compensation to the agency. The states chosen to receive the grants will use them to improve audit and education …
Identifying Inheritance Fraud
Inheritance fraud involves using deceit or misrepresentation to obtain undeserved assets or property from a decedent. While it may sound like something that could never happen to you or anyone you know, inheritance fraud occurs more frequently that you might imagine. Consider the following examples of inheritance fraud: Forgery – Typically, forgery is the most widely recognized type of inheritance fraud. An heir, bitter over his or her inheritance (or lack thereof), could forge certain terms of a will or the signature of the testator, or even fabricate an entire will. Elder abuse – Elder abuse may be physical, sexual, …
Lawyers Recognized in Best Lawyers in America®
Coolidge Wall is privileged to announce that three of its attorneys have received special recognition in 2015 Best Lawyers in America® as “Lawyer of the Year” for a particular practice area. The “Lawyer of the Year” (LOTY) recognition is given to one attorney in each practice area in each locale. The attorneys receiving this special honor are: John C. Chambers, 2015 “Lawyer of the Year” in Real Estate Law in Dayton; Merle F. Wilberding, 2015 “Lawyer of the Year” in Corporate Law in Dayton; and Sam Warwar, 2015 “Lawyer of the Year” in Tax Law in Dayton. Additionally, the firm …
Another Billion Dollar Rebate!
State fund employers in Ohio will be pleased to know that the Bureau of Workers’ Compensation is again preparing a $1 billion rebate of premiums to them. Based upon payments made in 2012, state fund employers will qualify for another rebate of premiums. It is important to note, though, that you must be up to date in premium payments in order to qualify for the rebate. The BWC Board of Directors is expected to approve this proposal during the week of September 22 with rebate checks being issued in October. If you have questions, please contact David Korte at 937-223-8177 …
Failure to Provide COBRA Notice Results in Penalties Even When Employer Pays the Bills
Regina Honey was pregnant with her second child and experiencing pre-term labor. Her doctor ordered bed rest for about two weeks. When Ms. Honey was ready to return to work at Dignity Health, she was told her employment was terminated. About two months later she was reinstated. However, the pre-term labor returned and her doctor ordered bed rest for the remainder of the pregnancy. Ms. Honey remained on bed rest until her son was born in July 2010. When the doctor approved her return to work in September 2010, she was never scheduled to return. After several attempts to reach …
Announcing the addition of new personnel
Coolidge Wall proudly announces several recent additions to its legal staff. Attorney Lu Ann Stanley has joined the firm’s Estate Planning/Probate Department. Ms. Stanley has been practicing law for over 25 years and specializes in Estate Planning, Trusts, Probate, and Guardianships. Jennifer R. Roberts, a recent graduate of The University of Dayton School of Law, is the newest addition to the firm’s Litigation Department. Amy R. Webster, a paralegal, will be supporting our Litigation and Labor Departments. She has over 20 years of prior experience.
Recent Ruling May Allow for Unionization Among NCAA Athletes
The board of directors of the National Collegiate Athletic Association (NCAA) has granted the largest college athletic programs in the country with partial autonomy. The move, approved by the board in a 16-2 vote, could allow members of the NCAA’s five wealthiest conferences to provide benefits to student-athletes beyond scholarships and increased health care coverage. This measure comes in the midst of controversy regarding the NCAA and whether or not athletes should be entitled to compensation for the millions of dollars in revenue they help generate for their schools. Earlier this year, football players at Northwestern University in Illinois attempted …
If We Only had “WWW.OURNAME.COM”
Internet domain names are a critical aspect of your company’s overall brand identity, image, and marketing portfolio. Your website is a gateway for your customers to learn about your business and contact you in an efficient way. The trading in domain names can be a lucrative business with some domain names trading for $20,000 or more on the secondary market. It is not uncommon for unscrupulous parties to “troll” for potentially desirable unregistered domain names. These parties then register those names with the intention of exploiting those who have a legitimate right to that domain. The legitimacy to a domain …
IRS Announces Restatement Deadline for Retirement Plans
An employer that has an IRS preapproved retirement plan, such as a 401(k) plan, profit sharing plan, or money purchase pension plan, is required to restate the plan every six years for changes in the law. The last six year restatement cycle ended April 30, 2010 and the IRS has announced that the second restatement cycle will run through April 30, 2016. Any employer that does not restate a preapproved retirement plan by April 30, 2016 will be subject to a late amender penalty. Generally, an employer is not going to be able to get a determination letter from the …
The ABCs of BZAs
Many communities in Ohio have Boards of Zoning Appeals (“BZAs”) to address issues such as variances, special permits and conditional uses. In Ohio, variances can take one of two forms as either an area variance or a use variance. An area variance is often a variance from size requirements such as minimum lot dimensions or minimum setback requirements. Use variances allow for a use which is not generally allowed within that particular zoning district. Use variances are disallowed by many local zoning codes. Under Ohio law, area variances serve as “escape valves”‘ to allow for flexibility from the strict application …