Merle Wilberding – – Haki Finds Common Ground

In News by Coolidge Wall

Merle Wilberding, a senior member of Coolidge Wall Co., L.P.A., co-authored with Susan Elliott, the Director of the Law Library at the University of Dayton School of Law, a book entitled Haki Finds Common Ground. The Ohio State Bar Foundation awarded a $40,000 grant to Children’s Historical Publishing Company to pay for the printing and distribution of Haki Finds Common Ground. This book is part of the Haki series, with the first book being entitled, Haki and the Rule of Law. This series is aimed at supplementing the core courses at the inner city public schools throughout the major cities …

Acquisition could pump more resources into sluggish businesses

In Business Organizations by Coolidge Wall

People outside the business world often think about a particular business in very black-and-white ways. It’s either a success or a failure, failing or thriving. But a business doesn’t just run at two speeds. There are peaks, valleys and plateaus, and business owners must adjust to each of these situations. For instance, recently, tech giant Microsoft acquired professional networking site LinkedIn in a $26.2 billion deal. There are a few takeaways from this deal that could help readers of this blog assess their own options in terms of business acquisitions. To begin with, LinkedIn wasn’t exactly a failing business in …

Don’t jeopardize your business in an effort to defend it

In Business Organizations by Coolidge Wall

Most people get into the healthcare industry because they want to help others, whether they become a doctor or work as an administrator in a nursing home. However, there are many realities of this industry for which you might be unprepared. For instance, regardless of if you work in a huge hospital or own a small clinic, you are still part of a business, and a business can succeed or fail based on its professional relationships. Managing these relationships can be one of the most important priorities for healthcare providers, and there are things you should do and things you …

The Bankruptcy Court as a “court of the United States” – A Warning to Attorneys

In Bankruptcy by Coolidge Wall

In the unreported decision of Grossman v. Wehrle (In re Royal Management, Inc.), the Sixth Circuit joined ranks with the Second, Third and Seventh Circuits in holding that “a bankruptcy court is a ‘court of the United States’ within the meaning of 28 U.S.C. § 1927,” opposing the position taken by the Ninth and Tenth Circuits. The real story is not the existence of the split in authority, but rather the verification that bankruptcy courts in the Sixth Circuit (which is comprised of Kentucky, Michigan, Ohio and Tennessee) have augmented authority to issue sanctions against attorneys who increase expenses and …

Knowing About, and Preparing to Defend, a VSSR

In Employment Law by Coolidge Wall

In the midst of the “alphabet soup” of regulations and regulators that could affect your business, Ohio has an ingredient all its own…the VSSR. The acronym stands for “violation of specific safety requirement.” The safety requirements involved are located in the Ohio Administrative Code, and are separated under classifications for “workshops and factories” and “construction.” The regulations are akin to OSHA regulations, but not always parallel or consistent with OSHA regulations. The regulations are enforced through processes supervised by the Industrial Commission of Ohio (the adjudicating body handling administrative hearings in workers’ compensation claims). If an employee believes that his …

Employment policies: Stay on top of these with legal support

In Business Organizations by Coolidge Wall

Strong communication with employees should be a top priority for Ohio business owners. Without effective communication, the relationship between these two groups of people can suffer considerably and people wind up with far more questions than answers — and far more disputes than resolutions. This is why your employment handbook will be so critical. As noted in this article by the U.S. Small Business Administration, handbooks should be written and revised in a way that is clear and informative, but it is also vital that they are legally sound and fair. Below, we will look at three areas of your …

Running for a Cause at the 10th Annual 5 for the Kids 5K!

In News by Coolidge Wall

On Friday, May 27, the Coolidge Wall race team captained by David Pierce participated in the 10th Annual 5 for the Kids 5K run to support CARE House. The team consisted of three runners and their combined time for the 3.1 mile course was a fast 1:07:11. In addition, all three runners finished in the top 20 overall. All of the proceeds from this event benefit CARE House. The mission of CARE House is to coordinate agency services for child abuse cases and provide educational services aimed at child abuse prevention. Since opening in 1999, the organization has helped over …

Can Employee Hours Be Reduced to Avoid Providing Health Insurance?

In Healthcare Reform by Coolidge Wall

Once the Affordable Care Act was passed, employers began reviewing their options about providing health insurance coverage to employees. One option continually referenced in the news was how employers were considering reducing employee hours to avoid providing health insurance coverage. One employer is now the subject of a class action law suit that claims the employer violated ERISA when it reduced employee hours to avoid providing health insurance coverage. Marin v. Dave & Buster’s, Inc., S.D.N.Y. No. 1:15-cv-036081. Marin alleges on behalf of the affected employees that Dave & Buster’s reduced their hours as part of a company-wide plan to …

Important New Overtime Rules Effective December 1, 2016

In Labor by Coolidge Wall

On May 18, 2016, the Department of Labor announced new rules which will govern compensation for every employer in the country which is covered by the federal Fair Labor Standards Act. With a few exceptions, this includes any employer which has gross revenue of $500,000 or more. The new rules govern who is eligible for overtime. The general structure of the law has been in place since 1938 when the Fair Labor Standards Act was initially passed. The 1938 Act provides that employers are entitled to be paid time and a half for any hours worked over 40 hours in …

Start-up owners: Should you consider arbitration clauses?

In Business Organizations by Coolidge Wall

Starting a new business is an incredible responsibility. Not only must you be focused on your business goals, you also need to manage the needs of your employees.  To do this, you will likely want to have a handbook and employee agreements in place to establish some ground rules. You will also want to protect yourself and your bottom line, so it can be wise to consider including employment dispute resolution clauses in those agreements. Increasingly, start-up businesses are following in the footsteps of larger corporations and asking employees (and potential employees) to sign arbitration clauses. Arbitration clauses state that …