Christina Henagen Peer January 2018 Education, Special Education Law Decoding Ohio's New Truancy Law for Students with Disabilities When Ohio updated its truancy law in 2017, the move required schools to emphasize prevention over punishment. Lawmakers shifted the focus from court proceedings to intervention strategies in schools, hoping students will return to the classroom and face a better chance for academic success. In the process, the juvenile justice system can reduce its caseload and focus on more serious matters. [More]
Brendan D. Healy January 2018 ERISA Litigation The Court Awards City Market Participation Trophy, Denies ERISA Preemption of Bidding Ordinances The 6th Circuit Court of Appeals has spoken: preemption under the Employee Retirement Income Security Act (ERISA) does not apply when a municipality is acting as a market participant. The 6th Circuit upheld certain bidding ordinances for municipal projects that favored companies providing health and pension benefits to employees. [More]
Lacie L. O'Daire January 2018 Labor & Employment Services Confidential Settlements of Sexual Harassment Claims are No Longer Tax Deductible In response to the recent wave of sexual harassment allegations and the #MeToo movement, the 2017 Tax Cuts and Jobs Act includes a provision some call the "Harvey Weinstein tax." Specifically, the law amends the Internal Revenue Code to prohibit a business from deducting the costs of a settlement payment (including attorneys' fees) for a sexual harassment claim, if the settlement agreement contains a nondisclosure (confidentiality) provision. New Section 162(q) was added to the Internal Revenue Code and provides that no deduction shall be allowed for "(1) any settlement or payment related to sexual harassment or sexual abuse if such settlement or payment is subject to a nondisclosure agreement, or (2) attorneys' fees related to such a settlement or payment." This provision applies to all such settlements entered into or paid after December 22, 2017, the date President Trump signed the bill into law. [More]
James M. McWeeney II January 2018 Education, Special Education Law Decoding Ohio's New Truancy Law for Students with Disabilities When Ohio updated its truancy law in 2017, the move required schools to emphasize prevention over punishment. Lawmakers shifted the focus from court proceedings to intervention strategies in schools, hoping students will return to the classroom and face a better chance for academic success. In the process, the juvenile justice system can reduce its caseload and focus on more serious matters. [More]
Max V. Rieker December 2017 Labor & Employment Services, Labor & Employment Litigation, Labor Relations Major Change to Employee Handbook Requirements On December 14, 2017, the National Labor Relations Board overturned a controversial 13-year precedent and issued a major decision relating to the legality and enforceability of certain employee handbook rules for employers nationwide. [More]
Susan M. Bungard December 2017 Public Law Services The Basics of Booze: Can a municipal corporation get rid of its local punch palace? Although liquor permits in Ohio are issued by the state, a municipality has the right to request a hearing on the renewal of any permit within its borders. It can do so by objecting to the permit's renewal as provided in Ohio Revised Code ยง4303.271. All liquor permits in Ohio, for the sale of beer and wine for carry-out ("C" permits), and for the sale of beer, wine and spirituous liquor for on-site consumption ("D" permits), are issued by the Ohio Division of Liquor Control. Each political subdivision (municipality, township or county) is assigned a specific number of permits that can be issued within the boundaries of that subdivision. This number is known as a quota. The permit quota is based on the population of the political subdivision at the last census. [More]