Ohio Senate Bill 221: A Summary of the Advanced Energy and Energy Efficiency Provisions
April 2008 |
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Bulletin on the advanced energy and efficiency provisions of Am. Sub. S.B. 221, passed by the Ohio General Assembly in April 2008
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Update: Ohio EPA presents Climate Registry Workshop
April 2008 |
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Discussion of the first Ohio workshop presented by the Ohio EPA and representatives
of The Climate Registry on the newly
released draft General Reporting and General Verification
protocols.
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The Bricker Water Cooler: A Human Resources Advisory - Spring 2008
April 2008 |
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Discussion of 403(b) tax sheltered annuity regulations; proposed Ohio law on sexual orientation, executive compensation and more.
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Applying Commercial Activity Tax to Receipts From Motor Fuel Alleged Unconstitutional
March 2008 |
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Discussion of a pending case challenging the constitutionality of the Ohio CAT tax in that proceeds from the CAT, as an excise tax on motor fuel, must be devoted to highway purposes only.
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Ohio Supreme Court Holds Statute of Repose and Subrogation Statutes Facially Constitutional
February 2008 |
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Discussion of Groch v. General Motors Corporation, the February 21, 2008 Ohio Supreme Court decision upholding, on its face, the statute of repose applicable to product liability actions and the worker's compensation subrogation statutes.
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Automobile Manufacturer Not Liable for Ohio Use Tax on Goodwill Repairs
February 2008 |
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Bulletin on Ohio Supreme Court ruling that an automobile manufacturer is not liable for use tax on repair parts and services provided to customers pursuant to the manufacturer’s "goodwill repair" policy
after the standard warranty had expired.
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Ohio Supreme Court Upholds Tort Reform Statute
December 2007 |
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Summary of the Ohio Supreme Court's decision in Arbino v. Johnson & Johnson upholding statutory limitations on noneconomic and punitive damages.
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Human Resources Bulletin: Court Narrows Reach of Coolidge Claims
December 2007 |
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Bulletin on Ohio Supreme Court decision that a terminated at-will employee who receives workers’ compensation benefits cannot pursue a common law tort claim against the employer for wrongful discharge.
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Human Resources Bulletin: The Facts About the Ohio Healthy Families Act
December 2007 |
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Information on and a series of questions and answers on the proposed Ohio mandatory leave initative.
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Homeland Security Publishes Final Rule on Chemical Security
November 2007 |
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Bulletin on federal chemical security rules and revised Chemicals of Interest List which will affect the manufacturing, research, chemical, agriculture, and food production sectors.
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Affirmative Action Program Verification Form Explained
October 2007 |
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Bulletin on compliance with the Ohio Affirmative Action Program Verification Form for all contractors and vendors that do business with the state or a political subdivision.
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Ohio Supreme Court Holds That Trial Court’s Order Not To Apply Prima Facie Filing Requirements Retroactively To Pending Asbestos Cases Is A Final Appealable Order
October 2007 |
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Analysis of Ohio Supreme Court case holding that trial court findings regarding the constitutionality of retroactive application of the prima facie filing requirements for personal-injury asbestos claims are provisional remedies that constitute final, appealable orders when certain requirements are met.
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Ohio Supreme Court Applies Prima Facie Filing Requirements To Asbestos Claimants Asserting Federal Claims
October 2007 |
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Analysis of the Ohio Supreme Court case of Norfolk Southern Railway Co. v. Bogle finding that Ohio's prima facie filing requirements for asbestos claims are not preempted by federal laws.
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Ohio Supreme Court Holds That S.B. 117 Became Effective On August 1, 2007 And 90-Day Referendum Period Begins To Run On That Date
August 2007 |
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Discussion of the Ohio Supreme Court ruling in State ex rel. Ohio Gen. Assembly v. Brunner granting the Secretary of State's Motion for Reconsideration or Stay.
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Energy, Jobs and Progress for Ohio
August 2007 |
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Governor Strickland releases his vision for the future of Ohio's energy environment
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Ohio Supreme Court Upholds Validity of S.B. 117
August 2007 |
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Discussion of the Ohio Supreme Court ruling in State ex rel. Ohio Gen. Assembly v. Brunner invalidating Governor Strickland's veto of S.B. 117, a tort reform measure, including clarification that suits against product manufacturers could only be brought under the Ohio product liability law and not the state’s public nuisance law.
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Human Resources Bulletin: Cracking Down on the Employment of Illegal Aliens
August 2007 |
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Bulletin on federal court conviction of a company providing illegal alien workers to an air cargo company.
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Government Contractors Beware: Update of Ohio's Pay-to-Play Laws
July 2007 |
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Update on amendments to Ohio HB 694 and pending lawsuits and the ability of government contractors to make political contributions.
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Federal Minimum Wage Increase Effective July 24, 2007: What Does This Mean For Ohio Employers?
July 2007 |
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Bulletin highlighting the important features of the 2007 federal minimum wage increase.
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Human Resources Bulletin: Sixth Circuit Rules That Hours That Are Paid, But Not Actually Worked, Do Not Count Toward FMLA Eligibility
July 2007 |
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Bulletin on Mutchler v. Dunlap Memorial
Hospital in which the 6th Circuit Court of Appeals held that employers that pay employees for more hours than they actually work are not required to count the non-work hours in determining an employee’s eligibility for leave under the Family Medical Leave Act.
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Ohio Supreme Court Rejects Lead Paint Lawsuit Appeal
June 2007 |
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Discussion of a June 2007 Ohio Supreme Court decision to not accept plaintiffs’ appeal from an Eighth District Court of Appeals’ decision dismissing a suit brought against several paint companies.
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Ohio Attorney General Sues Lead Paint Manufacturers--Public Nuisance Theory Basis for Litigation
April 2007 |
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Article discussing the April 2007 public nuisance lawsuit filed by the Ohio Attorney General against several lead paint manufacturers.
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Employment Bulletin: NLRB to Hold Oral Argument on Employee Use of Employer’s E-mail System
February 2007 |
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Bulletin on NLRB hearing on whether employees have the right to use their employer’s e-mail system to communicate with other employees about union matters or other similar matters.
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Employment Bulletin: Calculating Regular Rate of Pay for Overtime
February 2007 |
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Bulletin on Department of Labor calculation of "regular rate of pay" to include incentives and other premium payments.
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Employment Bulletin: IRS Rules All Per Diem Reimbursements Are Income; Employers Cautioned that Accountable Plan Rules Must Be Enforced
January 2007 |
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Discussion of recent Internal Revenue Service ruling regarding employer-provided fringe benefits.
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Employment Bulletin: Ohio's New Minimum Wage and Record-Keeping Requirements: What Employers Need to Know
January 2007 |
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Background information and a series of questions and answers, updated January 3, 2007, on the new Ohio minimum wage and record-keeping constitutional amendment and law.
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Government Contractors Beware: Political Contributions Could Cost You Business
January 2007 |
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Bulletin on the new Ohio law H.B. 694 severely limiting political contributions by government contractors. The bill was signed by the Governor on January 2, 2007.
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Employment Bulletin: Legislation Implementing Ohio’s New Minimum Wage Amendment Passed
December 2006 |
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Bulletin on Ohio H.B. 690, passed the Ohio General Assembly and was signed into law by the Governor in December 2006, to implement the minimum wage constitutional amendment.
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Ohio's Smoke Free Workplace Act: What Businesses Need to Know
November 2006 |
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Bulletin Ohio's new Smoke-Free Workplace Act, passed by the voters on November 7, 2006 and establishing a statewide smoking ban that applies to almost every public place and business.
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Tax-Exempt Bonds Easier to Use for Manufacturers Due to Changes in Tax Law Permitting Increase in Capital Expenditures
September 2006 |
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Article discussing changes in tax law making tax-exempt bonds for manufacturing easier to use than ever before.
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Employment Bulletin: Employers Beware: Much More Than a Minimum Wage Increase
July 2006 |
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Bulletin on the proposed Ohio constitutional amendment that will not only raise Ohio’s minimum wage, but will also require most
public and private employers to make available
employee wage and certain personnel information
to any employee or person acting on behalf of an
employee.
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Ohio Supreme Court Rules Computer Software is Tangible Personal Property
June 2006 |
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Discussion of Ohio Supreme court ruling that canned computer software, and possibly customized software, is tangible personal property subject to the personal property tax.
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Employment Bulletin: Workers Compensation/Minimum Wage Increase Bill Passes in Ohio
April 2006 |
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Discussion of Am. Sub. S.B. 7, which makes changes to Ohio's workers' compensation law and raises the minimum wage.
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Ohio Enacts New Exclusion from the Commercial Activity Tax
March 2006 |
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Bulletin on new Ohio legislation providing an exclusion from the CAT tax for suppliers located outside Ohio with respect to receipts from goods shipped into the qualified distribution center and later shipped outside Ohio.
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New Grant Program for State Money Assists in Developing New Sites in Ohio
March 2006 |
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Bulletin on the $150 million Ohio Job Ready Sites program, established as a means to help fund and develop an inventory of job-ready sites around the state. These job-ready sites will enable Ohio to attract and secure more business by having facilities ready for immediate use.
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Employment Bulletin: The Ohio Bureau of Workers' Compensation: A Year of Transition
March 2006 |
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Discussion of the Ohio Bureau of Workers' Compensation activities in the past and changes for the present year.
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Employment Bulletin: New Military Regulations: Defining Employment and Reemployment Rights of Uniformed Service Members
January 2006 |
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Bulletin discussing U.S. Department of Labor regulations, effective January 18, 2006, regarding the employment and reemployment rights of military personnel.
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Employment Bulletin: Leave and Salary Deductions for Exempt Employee Snow Days
January 2006 |
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Bulletin discussing compensation of exempt employees in situations of absenteeism due to inclement weather or disasters.
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Ohio Tax Amnesty Available, New CAT Tax Rules
January 2006 |
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Bulletin describing Ohio tax amnesty available to delinquent taxpayers through February 1, 2006 and new CAT tax rules finalized.
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CAT Deadline Looming
November 2005 |
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Bulletin outlining deadlines for registering Ohio's new commercial activity tax.
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An Overview of Ohio Ethics Laws: A Corporate Guide for Entertaining Public Officials
September 2005 |
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The Bricker & Eckler government relations attorneys have prepared this bulletin as a compliance guide to the Ohio ethics laws on public official entertainment.
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Employment Bulletin: Recent Development Regarding Breast Feeding in Public Places
September 2005 |
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Bulletin on new Ohio law regarding breast feeding in public places and at the workplace.
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Summary of Ohio's Commercial Activity Tax and Other Tax Reform
June 2005 |
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Analysis of Ohio commercial activity tax and other Ohio tax reform passed by the Ohio Legislature on June 21, 2005.
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Patent Reform - Congress Considers Numerous Changes to Patent Law
May 2005 |
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Congress is moving quickly to introduce a bill enacting amendments to the patent statute that will have far-reaching and potentially unintended consequences.
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Employment Bulletin: Supreme Court Holds That Disparate-Impact Claims Are Available Under ADEA
April 2005 |
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Bulletin discussing March 30, 2005, U.S. Supreme Court decision holding that disparate-impact claims are cognizable under the Age Discrimination in Employment Act.
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Employment Bulletin: New Developments Regarding Wage and Hour and the FMLA
February 2005 |
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Update on recent developments in wage and hour law and Family Medical Leave Act.
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Summary of Meetings of the Public Utilities Commission of Ohio
February 2005 |
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Summary of Ohio PUCO meetings - February 2, 2005
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2004 Ohio Tax Update
February 2005 |
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Annual Ohio tax update on franchise and income, sales and use, ad valorem and estate taxes.
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Sixth Circuit Issues Stay in Cuno v. DaimlerChrysler Case
February 2005 |
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The 6th Circuit Court of Appeals stays the decision in Cuno v. DaimlerChrysler on January 31, 2005.
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Rehearing Denied by 6th Circuit in Cuno v. DaimlerChrysler
January 2005 |
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In an order filed with the clerk on January 18, 2005, the U.S. Court of Appeals for the 6th Circuit has denied a request to rehear the Cuno case en banc
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Comprehensive Tort Reform
January 2005 |
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Winter 2004/2005 edition of Insurance In Focus, analyzing Am. Sub. S.B. 80, Ohio's comprehensive tort reform legislation, passed in the Ohio General Assembly in 2004.
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Defending Your Company Against Preference Demands
December 2004 |
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Bulletin discussing preference claims against manufacturers and the defenses available to defeat them.
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Employment Bulletin: Employers May Be Able to Use Employment Applications to Limit the Time Period During Which an Employee Can Bring Suit
December 2004 |
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Discussion of 6th Circuit Court of Appeals decision permitting a shortened civil lawsuit statute of limitations when included in a signed employment application.
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Employment Bulletin: Workers' Compensation Intentional Tort Bill Passed
December 2004 |
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Bulletin on Ohio HB 498 which requires an intentional tort plaintiff employee to prove that the employer acted with intent to injure.
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Employment Bulletin: Discrimination Based on Sexual Stereotyping of Transsexuals or Homosexuals - A New Basis for Employment Liability
December 2004 |
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Bulletin discussing a 6th Circuit Court of Appeals decision holding that a transsexual male employee may maintain a claim for sexual discrimination.
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Ohio Recognizes Obsolescence Departure From 302 Computation
November 2004 |
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Bulletin on Ohio Board of Tax Appeals decision on appraisal evidence and 302 computation.
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Cuno v. DaimlerChrysler Amended by 6th Circuit
October 2004 |
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A panel for the U.S. Court of Appeals for the 6th Circuit has issued an amended decision in Cuno v. DaimlerChrysler that does not "substantially modify" the panel's original decision.
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U.S. 6th Circuit Declares Manufacturing Credit Invalid
September 2004 |
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Bulletin on a September 2004 decision of the 6th Circuit Court of Appeals finding Ohio's franchise tax credit for new manufacturing machinery invalid.
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Employment Bulletin: What Employers Need to Know About the New Wage and Hour Regulations
August 2004 |
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Bulletin discussing the new regulations concerning the exempt status of executive, administrative, professional and other "white-collar" employees under the Fair Labor Standards Act ("FLSA").
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Employment Bulletin: Non-Union Represented Employees Not Entitled to CoWorker Representation During Investigatory Interviews
July 2004 |
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Bulletin on NLRB ruling that a non-union represented employee does not have the right to have a coworker present during an investigatory interview
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Ohio Supreme Court to Rule on Unauthorized Practice of Law
June 2004 |
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Discussion of a 2004 report from the
Board of Commissioners on the unauthorized practice of law in workers' compensation hearings.
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The Rules Governing Faxed Communications, Newsletters and Advertising Are About to Change
May 2004 |
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Bulletin discussing new federal rules governing faxed communications, newsletters, and advertisements by corporations and associations that contact existing or potential customers or members.
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Employment Bulletin: Ohio Supreme Court Alters Standard for Age Discrimination Claims
March 2004 |
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Bulletin on Ohio Supreme Court ruling that, absent direct evidence of discrimination, terminated over-40 employees must show that they were replaced by a substantially younger employee.
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Quarterly Tax Update - March 2004
March 2004 |
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Bulletin discussing the most recent tax happenings in Ohio.
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Question and Answers For Manufacturers Regarding Ohio's Concealed Carry Law
March 2004 |
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Question and answers regarding Ohio's concealed carry law and how it pertains to a manufacturing facility.
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Acredula Newsletter - January/February 2004
March 2004 |
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This issue focuses on avoiding and, if unsuccessful, resolving business conflicts among owners of closely held businesses.
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Employment Bulletin: Psychiatric Conditions Not Eligible for Workers' Compensation
February 2004 |
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Bulletin on recent court case holding that psychiatric conditions are not eligible for workers' compensation unless related to a physical condition.
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Summary of Major Tax Provisions of Sub. H.B. 127
November 2003 |
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Summary analysis of Ohio House Bill 127 dealing with various Ohio taxes; the bill has passed both houses of the Ohio General Assembly.
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Supreme Court Reins in Scott-Pontzer
November 2003 |
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Bulletin discussing the November 5, 2003 Ohio Supreme Court decision of Westfield Ins. Co. v. Galantis which reins in the uninsured/underinsured motorist coverage expansion.
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Employment Bulletin: Ohio Supreme Court Rules on TTD Employee Discharge
October 2003 |
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Bulletin on recent Ohio Supreme Court holding that an employer may not discharge an employee solely For being absent Or unable to work due to an injury for which the employee is receiving TTD workers' compensation benefits.
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Employment Bulletin: Ohio Supreme Court Finds Employer Tort Liability Not Covered Under Commercial General Liability Policy
August 2003 |
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Bulletin on recent Ohio Supreme Court decision that a commercial general liability insurance policy that excludes coverage for employee injuries arising out of or in the course of employment does not cover an employer's liability for substantial-certainty intentional torts.
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Open-and-Obvious Doctrine Remains Viable in Ohio
July 2003 |
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Bulletin discussing June 5, 2003 decision of the Ohio Supreme Court in Armstrong v. Best Buy Company, Inc. in which the open-and-obvious doctrine served as negligence defense.
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Tort Reform Legislation Passes
January 2003 |
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Bulletin for Ohio health care providers on the passage of Senate Bill 120 dealing with a modification of joint and several liability and Senate Bill 281 concerning non-economic damage caps. This is a revised bulletin, the previously mailed version had inadvertently listed an incorrect signing date for S.B. 120 and S.B. 281.
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Senate Bill 120 Adds Comparative Fault Principles and Proportionate Liability to Ohio Tort Laws
December 2002 |
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Bulletin discussing provisions of Ohio SB 120 which amends
Ohio’s product liability law to allow courts and juries to consider the conduct of a plaintiff when
determining all product liability claims and amends Ohio law with respect to joint and several liability.
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Manufacturing and Logistics Tax Incentives in Ohio 2002
September 2002 |
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Analysis and discussion of Ohio’s three primary business taxes - corporation franchise tax, tangible personal property tax, and sales and use taxes - and their impact on manufacturers and those involved in the logistics industry.
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Personal Property Tax Issues
April 2002 |
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An update on Ohio personal property tax issues prepared in conjunction with a presentation by Mark Engel at the 11th Ohio Tax Conference in Columbus.
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