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.
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 …
NLRB Decisions Invalidated by Supreme Court
In Noel Canning v. NLRB, the Supreme Court issued a labor law decision most surprising because of its unanimity. The Supreme Court held on June 26, 2014, that President Obama’s controversial January 2012 appointments of three members to the National Labor Relations Board (Sharon Block, Terence F. Flynn, and Richard Griffin) were invalid exercises of his office under the Constitution. The NLRB in that case had ruled against an employer in an unfair labor practice charge. The employer appealed, asserting that because three of the nation’s five Board members had been placed on the Board by the President as “recess …
Good News For State-Fund Employers – Prospective Billing Is On The Way!
You have likely received word from the Ohio Bureau of Workers’ Compensation of a major change coming in the manner in which it establishes workers’ compensation premiums. In July of 2015, the retrospective billing system for state-fund employers will be a thing of the past, as the Bureau moves to a prospective system. Most importantly, though, be advised that as a result of that transition, and to avoid a situation where employers are paying premiums twice during the overlap, the Bureau of Workers’ Compensation is actually granting an eight month premium credit for all private state-fund employers in July of …
Changes in state law affecting local ballot issues
With summer in full swing, the November general election seems far off into the future. However, the deadline is fast approaching for local governments to submit issues to the Board of Elections for the November 2014 ballot. With recent changes to the Ohio Revised Code, local ballot questions must be submitted to the Board of Elections by August 6, 2014 for the November 4, 2014 general election. Political subdivisions such as municipalities have struggled with budgeting shortfalls in recent years. In 2011, the state government cut the Local Government Fund by $555 million, resulting in municipalities receiving significantly less funding …
The Supreme Court Narrows Affordable Care Act Contraception Mandate
The Affordable Care Act requires health plans to cover “preventive services” at no cost to participants. The federal government has identified 20 forms of contraception that are required to be included as part of preventive services. Various “for-profit” companies have challenged ACA’s birth control coverage requirement in about 50 lawsuits now pending across the country. Many of these employers are family owned, closely held or controlled companies whose owners object to the provision of contraceptive coverage on faith-based grounds. On June 30th, the last day of its 2013-2014 term, the Supreme Court issued a 5-4 decision in Burwell v. Hobby …
Supreme Court Deals Another Blow to Unions
The Supreme Court is issuing labor law decisions at a fast and furious pace this week. Today’s decision, Harris v. Quinn, struck down an Illinois law that had previously required non-union Medicaid homecare providers to pay fees equivalent to union dues to the Service Employees International Union (SEIU), a public employee union. The rationale had been that such employees should be required to pay fees to help cover the union’s costs of collective bargaining. Although it invalided the Illinois regulation, the Supreme Court did not go so far as to overturn wholesale a long-standing precedent allowing other unions to impose …
Ohio Energy Law to Be Signed by Governor Kasich
Over the past two years, Ohio’s industries, businesses and lawmakers have fiercely debated whether the state’s utility requirements for renewable energy and energy efficiency have been harmful or beneficial to the state’s economy. Efforts to roll back legislation, thereby dismantling clean energy mandates in the state, appear to have been successful. Governor John Kasich plans on signing the legislation that will freeze Ohio’s renewable energy laws for a minimum of two years. Currently, around 30 states have renewable energy standards. Ohio’s renewable energy law was enacted in 2008 and includes the following provisions: 25 percent of electricity sold by each …
Ohio’s Short-Term Lender Act Law Nothing But Smoke and Mirrors
After the passing of Ohio’s Short-Term Lender Act in 2008, many felt enough had been done to curb the predatory practices of payday lenders. Proponents of the law explained that its intention was to limit what payday lenders can charge consumers as well as the repercussions available to them if a consumer fails to pay. However, on Wednesday June 11, 2014, the Ohio Supreme Court ruled in favor of payday lenders in a case involving a two-week loan with more than 235 percent interest. More facts about the case are as follows: On December 5, 2008, Cashland, owned by Ohio …