Bulletin on Ohio minimum wage increase for 2013.
Bulletin on updating the Fair Credit Reporting Act notice for 2013.
Detailed bulletin on the provisions of Ohio H.B. 510 creating the new new financial institutions tax, as passed in 2012 by the Ohio General Assembly.
Although the Ohio General Assembly has corrected a legislative oversight which would have allowed teacher bargaining units to keep the old nonrenewal deadline of April 30th, this old deadline may continue to apply in some districts this school year.
Reprinted from the October Cleveland Metropolitan Bar Journal, discussion top issues on shale, oil and gas leasing.
Discussion of a federal district court case the court ruling on preemption issues pertaining to the Ohio Retail Installment Sales Act and the Ohio Uniform Commercial Code insofar as they pertain to motor vehicle repossession.
Update on the status of the certiorari request in Whirlpool Corporation v. Glazer from the 6th Circuit Court of Appeals.
Discussion of three Ohio Supreme Court cases on the question of whether legal bills belonging to public bodies are public records
Ohio Supreme Court rules on the proper method of calculating the civil penalty against an industrial facility for non-compliance with the terms of its air pollution control permit
The Ohio Supreme Court has found that the commercial activity tax is unconstitutionally applied to gross receipts derived from motor fuel activities.
Bulletin on recently released draft rules from the PUCO aimed at updating regulations regarding electric companies; including amendments to the state’s existing net metering rules.
Bulletin on an Ohio Supreme Court decision limiting an injured worker's ability to sustain an intentional tort claim when there is no showing of a deliberate intention by the employer to remove a safety guard from a piece of equipment.
The Ohio Supreme Court recently ruled in a 4-3 decision that the state apportionment board’s 2011 redrawing of legislative districts for the Ohio General Assembly is constitutional.
With nonprofits looking to generate alternative sources of revenue, they need to be aware of the IRS’ increased application of the “commerciality doctrine.”
On Cyber Monday, how secure is the personal information you share with website? A review and analysis of administrative and judicial reports and cases.
Discussion of a case illustrating why nationwide classes based purely on state law claims can be ill-suited for aggregated treatment.
Article quoting Bricker & Eckler partner Bobbie Sprader reprinted with permission from Physician Risk Management Newsletter for November 2012.
Bulletin on an Ohio Supreme Court decision resolving a conflict among appellate courts and holding that lack of standing requires dismissal of a foreclosure action.
Ohio Attorney General Mike DeWine has rejected a petition filed by Ohioans for Ohio seeking to place on the Ohio statewide ballot an amendment to the Ohio Constitution.
Bulletin on a federal district court decision finding that a putative class action against MERSCORP, Inc. and Mortgage Electronic Registration Systems, Inc. for failure to record mortgage assignments survives Rule 12(b)(6) dismissal.
Discussion and recap of all of the election results from Ohio for statewide and national candidates and issues.
Discussion of how to avoid a lawsuit when replacing long-term injured workers.
Discussion of Road Use Maintenance Agreements (RUMAs) which have become fashionable as of late with the influx of companies into the state of Ohio developing wind energy and gas and oil projects.
A primer on the many types of insurance coverage available to the construction industry.
Update on several recent legislative and administrative changes affecting the Ohio construction industry.
Review of recent judicial activity involving construction claims.
Bulletin on an Ohio court of appeals decision finding that an entity must own the property on the date on which a request for a tax exemption is filed.
Bulletin on an Ohio Supreme Court decision providing guidance on the evidence necessary to support a claim that employment might be exempt from taxation because the employees were “permanently assigned” to the consumer.
Bulletin on a federal court decision concluding that a health care provider cannot challenge a Medicare Recovery Audit Contractor’s decision to reopen a Medicare claim.
Bulletin on the IRS review of tax-exempt hospitals for compliance with the community benefit standard.
Bulletin on new website designed to assist Ohio residents who are preparing and applying for jobs in the energy sector by linking Ohioans with specific education resources and job training, as well as employment opportunities.
Bulletin on the successful challenge of the Ohio long-term care bed tax by 15 nursing facilities.
Presentations from the October 11 Energy Exchange on PACE financing, cogeneration and natural gas gathering lines.
Discussion of House Bill 487 and changes to Ohio's certificate of need laws for long-term care.
Discussion of a recent 9th Circuit Court of Appeals decision that calls to task the unethical behavior of a class action counsel.
As of August 12, 2012, larger school "booster clubs" must now register as charitable trusts with the Ohio Attorney General.
Bulletin on the possible 7.6 percent reduction of payments to issuers of subsidy bonds after if Congress does not enact necessary legislation.
Ohio Supreme Court decision providing narrow exception to the
90-day period from "discharge" for an employee to to give an employer a written notice of a workers’ compensation retaliatory discharge claim.
August 2012 presentation on permissible Ohio and federal corporate campaign contributions and other political activities.
Bulletin on an Ohio Supreme Court decision denying the Taxpayers for Westerville Schools’ request to compel the Board of Elections to place a levy repeal initiative on the November 6 ballot.
Bulletin on school district compliance with the IRS Universal Availability rule for 403(b) plans.
Discussion of a class action suit barred by New Jersey’s entire controversy doctrine requiring parties to bring all claims relevant to the underlying controversy in one legal action.
Discussion of employer options under the FMLA and ADA and the required interactive process for determining work capabilities.
Discussion of the cy pres doctrine in class action lawsuits and a recent federal district court case striking down a cy pres provision in an agreed case action settlement.
Discussion of a pending U.S. Supreme Court concerning the Class Action Fairness Act jurisdictional threshold and stipulated damages.
Bulletin on the AEP-Ohio's electric security plan approved by the PUCO with modifications and setting the prices, terms and conditions of default service through June 1, 2015.
Discussion of a federal district court case ordering the class action plaintiffs to pay, in advance, the whole cost of the discovery they seek prior to class certification.
Bulletin on the final CMS regulations specifying the criteria that eligible professionals, hospitals and critical access hospitals must meet in order to qualify for Medicare and/or Medicaid Stage 2 EHR incentive payments.
Bulletin on the Medicare prepayment review demonstration project scheduled to begin on August 27, 2012
On-bill repayment” is a legislative initiative that may be gaining momentum in Ohio and is a method for financing energy efficiency and renewable electricity generation projects through a homeowner’s or business owner’s monthly utility bills.
Bulletin on the first quarter Ohio casino revenues, 34% of which is to be distributed to Ohio school districts.
Review of the Consumer Financial Protection Bureau's end of first year semi-annual report.
Discussion of the hazards of misclassification of employee as exempt from overtime pay under the Fair Labor Standards Act.
In a world where iPhone apps, text messaging and tweets allow for instantaneous communication and collaboration, the same is now available in the construction industry. Welcome to Building Information Modeling (or BIM for short).
Bulletin on an Ohio legislative panel preparing two reports on the use of anaerobic digesters in Ohio that could lead to legislative and regulatory changes to promote the technology.
Discussion of what retirement plan sponsors should do under the Department of Labor service provider disclosure rules passed on July 1.
Bulletin on a False Claims Act settlement involving medically unnecessary services and upcoding.
Bulletin on the new Medicare Conditions of Participation for Hospitals effective on July 16, 2012.
Bulletin on the GlaxoSmithKline settlement to resolve its criminal and civil liability for off-label promotion of several drugs, failure to report safety data, and false price reporting practices.
Bulletin on the U.S. Supreme Court decision upholding the Affordable Care Act.
Update on HIPAA compliance audits to be conducted by the Office of Civil Rights of the U.S. Department of Health and Human Services.
The U.S. Supreme Court Supreme Court will hear a case that may provide better guidance as to how broadly a state can act to authorize political subdivisions to govern the delivery of health care services within a particular community or political subdivision with such action being exempt from the antitrust laws.
One year after the Supreme Court’s decision in Wal-Mart v. Dukes, legislation intended to reverse the impact of Dukes on class certification decisions in employment discrimination cases brought in federal court has been introduced.
Bulletin on the NLRB's new website to assist employees in understanding what constitutes protected concerted activity under the National Labor Relations Act.
Bulletin on Ohio H.B. 487 and its provisions eliminating barriers to the adoption and use of electronic health records and health information exchanges.
Summary of Senate Bill 315 that was passed by the Ohio General Assembly and that makes major changes to the state energy policy.
Discussion of unclaimed funds in class action litigations and suggestions for addressing the question of disposition of unclaimed funds.
Discussion of a recent False Claims Act settlement reminding the need for employers to take employee complaints seriously.
Bulletin on two health care false claims settlements resulting in over $140 million in fines.
Bulletin on the enforceability of non-compete agreements after a merger and tips for assuring continued enforceability.
Bulletin on a pending 6th Circuit case and review of the other circuits' decisions as to whether a defendant’s pre-certification offer of complete relief to plaintiff requires dismissal of a class action lawsuit.
Bulletin discussing EEOC's position that claims of discrimination based on transgender status are cognizable under Title VII’s sex discrimination provision.
Bulletin on a 6th Circuit Court of Appeals decision reinstating the Ohio ten-ton Best Available Technology rule which was challenged by the Sierra Club.
Discussion of two cases that raise fundamental challenges to class action law in Ohio by asking the Ohio Supreme Court to affirmatively adopt Wal-Mart and its analytical principles.
The NLRB has temporarily suspended the union representation election rules that went into effect on April 30, 2012.
A discussion of various issues raised by employing teen workers or summer employees.
Discussion of the dispute over class certification in Ohio MERS class action case.
Discussion of potential violations of the IRS deferred compensation rules in the severance provisions of employees' employment agreements
Discussion of Ohio construction reform that has made design-build contracting available to public owners, shifting more of the risk of a dispute regarding the responsibility for a failure onto the design-builder and away from the owner.
Discussion of four Ohio court of appeals decisions involving construction disputes.
Bulletin on new guidance from the U.S. Equal Employment Opportunity Commission on the use of arrest and conviction records in employment decision under Title VII of the Civil Rights Act.
Cautionary article about the Fair Labor Standards Act and the practice of making automatic time deductions for employee meal breaks.
Bulletin on a potential Ohio Supreme Court case presenting the Court with the opportunity to decide whether it will affirmatively adopt and apply the United States Supreme Court’s decision in Wal-Mart v. Dukes as the analytical standard for determining whether a class may be certified under Ohio law.
Discussion of recently passed Ohio H.B. 66 requiring the Auditor of State to establish and maintain a system for the reporting of fraud by any public office or public official, including misuse and misappropriation of public money.
Bulletin on a proposed rule from HHS on the delay of ICD-10 codes implementation, adoption of a standard for a Unique Health Plan
Identifier, and additions to the National Provider Identifier requirements.
Bulletin discussing some common concerns regarding the fraud and abuse waivers for Accountable Care Organizations published in November 2011 by CMS.
Discussion of Havel v. Villa St. Joseph, a decision upholding the constitutionality of a 2005 Ohio tort reform provision requiring separate trial proceedings for compensatory and punitive damages.
Bulletin on an Ohio Supreme Court decision in which a claimant argued that his repeated illegal drug sales should not preclude his receipt of permanent total disability compensation.
Bulletin on the order of the Federal Trade Commission requiring divestiture of Toledo St. Luke's Hospital by ProMedica Health System.
Bulletin on Ohio H.B. 275, signed into law on April 2, 2012, allowing companies sued under the Ohio Consumer Sales Practices Act to provide a cure offer.
Bulletin on a qui tam lawsuit highlighting the need for a vibrant compliance program in which employees’ concerns are taken seriously and proper compliance is mandated by upper management.
A cautionary reminder of the legal restrictions placed on TPA's in worker compensation hearings.
Bulletin on a retaliatory discharge against a potential whistleblower.
Bulletin on recent False Claims Act settlement with Lockheed Martin.
Bulletin on U.S. District Court opinion ruling on qui tam relator's standing as original source.
Bulletin on a March 21, 2012 decision of the U.S. Supreme Court giving property owners the right to judicial review of an EPA compliance order.
Bulletin on a $1.5 million settlement as a result of theft of 57 unencrypted computer hard drives.
Bulletin on an Ohio court decision upholding the authority of a
board of education to implement a “uniform plan” of salary reduction even though such plan will reduce the amounts paid to employees under a collectively bargained salary schedule.
Article discussing the judicial forward position among jurisdictions nationally in punishing large corporations with broad and expensive preservation requirements.
Bulletin on an Ohio Supreme Court decision finding that the Ohio Power Siting Board properly granted a certificate to Buckeye Wind, LLC for its approximately 126 megawatt wind farm in Champaign County.
Bulletin on the 8th Circuit Court of Appeals decision dismissing a sexual harassment class action due to EEOC's various procedure failures.
Discussion of a federal district court cases that takes a hard line against what might be described as "trivial harm" class actions.
Bulletin on two recent settlements with health care providers for alleged violations of the False Claims Act.
Bulletin on a settlement with a New York Hospital for outlier false claims.
The Centers for Medicare and Medicaid Services has provided clarification on who may order hospital outpatient services.
Bulletin on a $25 million settlement of three qui tam lawsuits charging upcoding and billing for unnecessary services.
Bulletin on a multi-million dollar judgment entered in a health care False Claim Act case involving improper and unlicensed staff.
Primer on the rules adopted to promulgate the Ohio construction reform provisions of H.B. 153.
Discussion of an Ohio Court of Claims case strictly enforcing a contract’s notice provisions against a contractor when the contractor failed to provide notice of its claim within the time required by the contract.
Discussion of an Ohio Court of Appeals decision reinforcing the already-strong Ohio precedent regarding the broad discretion of an Ohio public owner in determining to whom to award a construction contract.
Bulletin on a new procedure whereby an Ohio school district has been able to gain access to a portion of the unexpended balance in its bond retirement fund to use for permanent improvements within the district.
Bulletin on two recent false claims settlements involving improperly licensed medical personnel and inpatient procedures that could have been safely done as outpatient procedures.
Bulletin on the proposed rule from CMS regarding the reporting and returning of Medicare overpayments.
Discussion of a 6th Circuit Court of Appeals decision which vacated the lower court's class certification based upon preclusion due to an approved settlement.
Discussion of the newly created Ohio Office of Workforce Transformation and Executive Workforce Board to oversee workforce development.
Discussion of an Ohio case in which the plaintiff class damage claims were too tenuous to pass constitutional muster.
Discussion focusing on the personal property taxes that may, or may not apply to wind, solar, and other green energy projects.
Bulletin on the latest round of False Claims settlements dealing with the inpatient application of kyphoplasty.
Discussion of a California class action case dismissed for lack of standing on the ground that the plaintiffs did not assert they suffered any injury, only a threat of injury.
Summation of legislative, administrative and judicial action relating to Ohio taxation in 2011.
A discussion and analysis of the steps taken by the Penn State Board of Trustees following the allegations of criminal sexual misconduct.
Discussion of issues facing governing boards in 2011 and into 2012.
Bulletin on U.S. Supreme Court decision holding that a church was not in violation of employment discrimination laws when it fired a person it deemed to be a minister.
Article discussing the newly released Consumer Financial Protection Bureau examination procedures to be used by CFPB examiners who will examine payday lending companies nationwide.
Discussion of the U.S. Supreme Court decision in CompuCredit v. Greenwood upholding arbitration agreements unless Congress has specifically ruled otherwise.
Comparison of recent decisions out of Kentucky and California reinforcing the lesson from Wal-Mart v. Dukes that statistical significance is not a substitute for demonstrating Rule 23 commonality.
The U.S. Department of Education has issued new FERPA regulations aimed at providing greater flexibility in the areas of directory information and sharing data to conduct certain types of studies, audits and evaluations.
Bulletin on the Ohio Department of Development’s Office of Energy recently launch of the Energy Loan Fund program to provide low-cost financing to energy efficiency and renewable energy projects.
A primer on PACE, Property Assessed Clean Energy, a financing initiative available in Ohio and 26 other states and how it can be utilized as a project financing tool.
Discussion of the trend in Ohio toward distributed generation installations due to the long-term price of electricity.
Discussion of an FMLA situation in which an employee in a busy department takes intermittent leave.
Discussion of In re Countrywide Financial Mortgage Lending Practices Litigation, another example of a district court within the 6th Circuit denying class certification.
Bulletin on the National Defense Authorization Act that may exempt TRICARE hospital contractors from certain affirmative action obligations.
A discussion of various employment issues raised by winter weather and snow emergencies.
Fail-safe class definitions are a hot topic. Once treated as little more than a formality, there is increasing judicial awareness that a flawed class definition may reveal flaws in the class itself.
Discussion of collective action lawsuits under the Fair Labor Standards Act and tips to employers for forestalling them.
Selecting Project Delivery Models and Bidding for Public Construction Contracts in Ohio
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Gordon W. Johnston
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