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
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?
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 …
A Business Merger or Acquisition Can Get Complicated
We all know we need a medical checkup from time-to-time (and some of us actually go). But many otherwise responsible business people may not realize that an Asset Protection Checkup is just as important for the financial health and protection of their families. The best time for an Asset Protection Checkup is when times are good and business is on the rise (or expected to be on the rise). All too often, people wait until the tide has turned and potential risks become current problems before beginning to consider asset protection options. At that time, options for asset protection strategies …
Something cheer for? Supreme Court to rule on clothing copyrights
There are many questions when it comes to protecting certain elements of your business. Can you trademark your logo? Should you consider licensing agreements? How can you protect creative works? In some cases, these difficult decisions about what you can and cannot do may already be made for you, thanks to intellectual property laws. However, these can be extraordinarily complicated. For instance, copyright laws regarding clothing are being put under the microscope by the U.S. Supreme Court in response to a case between two cheerleading clothing companies. The case involves a large, well-established company, Varsity Brands, and a relatively new …
What Happens After a Charge Has Been Filed Against Your Company?
If you’re unfamiliar with the processes of the Ohio Civil Rights Commission (OCRC) or the Equal Employment Opportunity Commission (EEOC), receiving a charge can present some confusion in addition to the stress already inherent in responding to a charge. Having some basic knowledge about the investigation process can go a long way in handling the charge and avoiding preventable mistakes. After a charge has been filed against your company, an OCRC investigator will call to notify you of the charge. They will usually ask for the contact information of the individual with your company tasked with responding to the charge …
Reorganizing your business? Take care with terminations
Reorganizing a business involves a number of details and moving part which need to be addressed and managed. Failure to do this can lead to avoidable mistakes that can ultimately cost a lot of money and even jeopardize the future of a reorganized business. One such detail that you may need to confront head-on if you going through a reorganization is how to deal with the people whose jobs may be terminated as part of the new structuring. Unfortunately, this is often a necessary part of a business strategy as it can work to streamline business and manage costs. But …
Motor Vehicle Repair Shops: Consumer Laws That Should be Reflected in the Way You do Business
Developing best practices for your business is essential to avoiding unnecessary liability and consumer initiated claims against you. As part of that process, repair and service shop owners need to become familiar with the Ohio Consumer Sales Practices Act (“CSPA”). The CSPA requires motor vehicle repair and service providers to comply with specific and detailed requirements. The CSPA prohibits certain businesses from engaging in unfair and unconscionable acts. Under the CSPA, motor vehicle repair and service are covered by Ohio Administrative Code Section 109:4-3-13. That section defines what is considered “unfair” and “unconscionable.” If in the process of providing a …
Companies working harder than ever to stop employee ‘poaching’
One of the tools that companies have to protect themselves includes employee agreements and contracts. These documents can prevent people from disclosing confidential information or working with the competition in the event of a job change. When both parties comply with the terms of these contracts, there may be little cause for concern. However, if an employee does leave one company to work for a direct competitor, for example, legal disputes can arise. In order to resolve these situations, oftentimes the case will head to court where employment contracts and new job positions will be scrutinized. We have seen this …
Estate Planning for the 18 Year Old
When my son, Sam, celebrated his 18th birthday, I gave him (surprise!) his very own set of estate planning documents. They were not as popular as, say, a Land Rover, but they were definitely at the top of “my” list. Why? Because he was now an adult and I was now persona non grata. My son’s 18th birthday terminated many legal rights that I had previously taken for granted. He was now an adult. I could no longer consult with his doctor due to HIPAA regulations (although the billing office had no such qualms). I was unable to endorse Grandma’s …