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 …
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 …
Putting the Money Where Its Mouth Is: DOL Funds 19 States’ Independent Contractor Misclassification Crackdown
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 …