By Amy L. DeLuca, Esq. The question of whether a worker is an employee or independent contractor has long been a thorn in employers’ sides. With the Department of Labor’s (“DOL”) recent announcement of a proposed rule change, there may be some relief on the horizon. The proposed rule issued by the DOL on September […]
By Amy L. DeLuca, Esq. Yesterday, Governor DeWine signed H.B. 606 which provides civil immunity against actions for injury, death or loss stemming from exposure to COVID-19. Under this new legislation, which is retroactive to March 9, 2020 and expires of September 30, 2021, businesses are provided some immunity from actions relating to COVID-19, provided […]
By Michael R. Nakon, Esq. and Wilbert V. Farrell IV, Esq. A Federal Court in Missouri refused to dismiss a class-action lawsuit brought by Missouri and Kansas businesses seeking to invoke Business Interruption coverage from their insurance carrier. Class Representative Plaintiffs, Studio 417, a hair salon, and several named restaurants filed their Complaint against The […]
At Wickens Herzer Panza we administer a group rating program (through Trident, sponsored by NEOSC) to assist our client group members in reducing their workers’ compensation premiums. A group rating program allows employers to pool together through a sponsoring organization to combine their risk and liability, and therefore reduce the amount of workers’ compensation premium […]
By Julie A. Vaccarelli, Esq. In the ever-changing world of Paycheck Protection Program (“PPP”) and the parameters for forgiveness, the President signed the Paycheck Protection Program Flexibility Act (“PPPFA”) June 6, 2020. The key takeaways are as follows: The ratio of payroll to expenses changed. In the original rule, borrowers were required to spend 75% […]
By Christopher W. Peer, Esq. and Benjamin M. Cooke, Esq. Forgiveness has been one of the primary topics of discussion surrounding the Paycheck Protection Program (“PPP”) for weeks (especially for small businesses receiving less than $2 million in PPP funds). Finally, some official guidance is out on how employers will report their use of PPP […]
By Julie A. Vaccarelli, Esq. and Brandon J. Leal, Esq. Late in the morning on Tuesday, May 13, 2020, the Small Business Administration (“SBA”) released additional guidance regarding loan forgiveness under the Paycheck Protection Program (“PPP”) that many borrowers have been waiting for. This additional guidance clarifies only one issue: good faith economic necessity and […]
By Wilbert V. Farrell IV, Esq. and Matthew N. Danese, Esq. There have been multiple recent efforts by various interested actors to provide potential backstops that may cover COVID-19 business interruption losses, which would affect Ohio businesses. 1. If Passed into Law, Ohio H.B. 589 Would Provide Business Interruption Coverage for Some Ohio-Based Companies. First, […]
By Amy L. DeLuca, Esq. In light of the COVID-19 crisis, the State of Ohio expanded employees’ opportunities to receive unemployment benefits. This, along with the additional unemployment benefits provided under recently passed federal legislation, makes unemployment a lucrative and appealing option for many employees. With the potential for businesses to reopen and/or expand services […]
By Michael R. Nakon, Esq. and Matthew N. Danese, Esq. As the COVID-19 pandemic continues to grip states across the country, Ohio businesses have been among the earliest to feel the effects of a state imposed Stay at Home Order, with some non-essential businesses choosing to ignore the mandates of Governor DeWine and Ohio’s Director […]
By: Christopher W. Peer. Esq. and John A. Polinko, Esq. To believe the reports and news stories, the Paycheck Protection Program (“PPP”) has been a success in that thousands of small businesses have been able to take advantage of the relief it provides, but the road was less than smooth. The prevailing thought is that […]
From: Ohio Bureau of Workers’ Compensation To: Third Party Administrators/Employer Representatives The BWC-Employer Services Division will implement two changes in payroll reporting requirements as a result of the COVID-19 pandemic and state of emergency. Please refer to the details below regarding the Families First Coronavirus Response Act and reportable wages associated with teleworking staff. […]
By Richard A. Naegele, Esq. The retirement savings of the American people have been devastated by the economic impacts of the coronavirus pandemic. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) includes a series of provisions intended to help American’s retirement savings recover once the crisis abates. There are three primary retirement relief […]
By Amy L. DeLuca, Esq. In order to assist employers with determining tax implications and tax credits available under the Families First Coronavirus Response Act (“FFCRA” or “Act”), the IRS recently issued guidance. An immediate concern of employers is what they should be doing to document leave taken under the FFCRA in order to have […]
By Amy L. DeLuca, Esq. and Matthew N. Danese, Esq. With the recent passage of legislation at both the state and federal levels, employers have been scrambling to determine whether they fall under the various provisions and what must be done to comply with the new laws. The Families First Coronavirus Response Act (“FFCRA” or […]
By Christopher W. Peer, Esq. and John A. Polinko, Esq. In response to the unparalleled upheaval of the U.S. economy as a result of the COVID-19 crisis, the U.S. Government has put into place solutions that workers and small businesses can utilize to survive in the immediate term and, potentially, thrive following the slow-down or […]
By Amy L. DeLuca, Esq. The Department of Labor recently issued additional guidance in the form of FAQs to address many of the questions raised by the Families First Coronavirus Response Act (FFCRA). Below is a link to the DOL posting. https://www.dol.gov/agencies/whd/pandemic/ffcra-questions This article provides an overview and summary of the matters described therein. […]
By Brandon J. Leal, Esq. The Coronavirus Aid, Relief, and Economic Security (CARES) Act package is huge (over 800 pages). It contains tax relief, a wide range of health care provisions (including large subsidies for the industry, loosening of regulations to increase access to “telehealth” services, and increased access to tax-favored health accounts), unemployment insurance, […]
By Amy L. DeLuca, Esq. The Department of Labor (“DOL”) recently issued guidance on the Families First Coronavirus Response Act (“Act”). Additional guidance in the way of regulations is expected in April. Employers should take note that the DOL guidance provides the effective date of the Act is April 1st, rather than April 2nd as […]
By Christopher W. Peer, Esq. and John A. Polinko, Esq. These are unprecedented times. Coronavirus has created significant market volatility in addition to the health crisis. If you are in grocery, pharma or healthcare, opportunities abound. If your business is entertainment or non-specific manufacturing, times are very tough. No matter how unfamiliar this “new normal” […]
By Brian W. Bonham, Esq. and Brandon J. Leal, Esq. The coronavirus crisis is having a devastating economic impact on every aspect of the economy. Owners of leased commercial property should start acting proactively to protect their interests. All need to start considering how this crisis will impact tenants. At times such as this, it […]
By Michael R. Fortney, Esq. The Ohio Department of Health Director’s Stay At Home Order of March 22, 2020 (“Order”), allows the construction industry to continue working on projects related to “Essential Infrastructure” as well as critical trades (including plumbers, electricians, exterminators, cleaning and janitorial staff for commercial and governmental properties, security staff, operating engineers, […]
In our desire to provide the safest possible environment for our clients and employees, while managing governmental directives, we want to keep you apprised of our plans as we move forward. At present, the Stay at Home Order issued by Ohio Department of Health Director, Dr. Amy Acton, has identified Law Firms as essential businesses. […]
By Benjamin M. Cooke, Esq. In response to the continuing coronavirus pandemic, Ohio Governor Mike DeWine has been one of the more aggressive governors responding to the crisis. On Sunday, March 22, Governor DeWine, through Ohio Department of Health Director, Dr. Amy Acton, issued the Order that All Persons Stay at Home Unless Engaged in […]
By Matthew N. Danese, Esq. On Saturday March 21, 2020, Ohio Lt. Governor Husted and the Ohio Bureau of Workers’ Compensation announced that due to the COVID-19 pandemic, employer’s premium installment payments due for March, April, and May may be deferred until June 1, 2020. At that time, the matter will be reconsidered by the […]
By Our Firm’s Corporate and Business Transactions Practice Professionals In the wake of a nationwide crisis, the U.S. Small Business Administration (SBA) is offering low-interest small business loans for working capital through its Disaster Loan Assistance program to small businesses impacted by COVID-19. In an effort to mitigate the negative impact of COVID-19, the SBA […]
By Amy L. DeLuca, Esq. The Families First Coronavirus Response Act (“Act”) was passed by the Senate and signed by President Trump on March 18, 2020. According to recent guidance issued by the Department of Labor, the Act will go into effect on April 1, 2020, employers must immediately determine its impact on their policies and […]
By Amy L. DeLuca, Esq. On March 15, 2020, Governor DeWine announced that he was issuing an order relaxing the requirements to receive unemployment benefits in light of the COVID-19 pandemic. The order will allow those subject to quarantine by a physician or an employer and those who are unable to work due to a […]
Dear Clients and Friends of WHP: As COVID-19 continues to spread, the uncertainty and fluidity of the situation forces us to face this challenge directly. At WHP, our primary focus is the health and safety of our people, their families, and that of our clients and other colleagues. We live and work in a great […]
By Amy L. DeLuca, Esq. and Matthew N. Danese, Esq. Employers, as well as their employees, are closely monitoring the COVID-19 situation. With schools closing and officials urging social distancing, several questions arise relating to working arrangements, paid time off and other employment considerations. Based on guidance from the United States Centers for Disease Control and […]
The Ohio Industrial Commission announced today that all workers’ compensation hearings will be suspended from Monday, March 16 to Tuesday, March 17, 2020. Beginning Wednesday, March 18, the Commission will begin conducting hearings by telephone for the following issues: permanent total disability, temporary total disability or the termination of temporary total disability, wage loss, allowance […]
On Friday December 20, 2019, the SECURE Act was signed into law. This new legislation, which became effective January 1, 2020, drastically changes the landscape for estate plans involving retirement accounts. The purpose of this letter is to make you aware of the basic changes in the law and briefly explain how this may impact […]
We’re proud to announce the following attorneys have been named to the 2020 Ohio Super Lawyers List based on peer nominations that were submitted, reviewed and researched by Super Lawyers: Arthur E. Gibbs III, Estate Planning & Probate Richard A. Naegele, Employment & Labor Matthew W. Nakon, Litigation Richard D. Panza, Litigation Christopher W. Peer, […]
U.S. News & World Report and Best Lawyers® have released their 2020 “Best Law Firms” rankings and we’re proud to share that Wickens Herzer Panza has been listed in multiple areas. Rankings as a “Best Law Firm” recognize Firms for their professional excellence and consistently impressive ratings from clients and peers. According to Best Lawyers, “achieving […]
By Philip J. Truax, Esq. Renovation and rehabilitation projects continue to flourish in Ohio, as owners and developers prefer in some instances to salvage older structures. This is a good thing. These original buildings tell a story about who we are, and as an industry, we should work hard to keep, improve, and/or re-purpose them. […]
By Amy DeLuca, Esq. When was the last time you reviewed and updated your employee handbook? What about job descriptions? Do you have them? As the year is coming to an end, now is the ideal time to conduct a check-up of your HR policies, practices and procedures. Having HR policies and practices that are […]
By Julie Vaccarelli, Esq. The U.S. Department of Labor (“DOL”) issued a final rule that will redefine which white-collar workers are exempt from the overtime provisions of the Fair Labor Standards Act (the “FLSA”). The new rule is effective January 1, 2020 and will increase the number of employees who are eligible for overtime pay. […]
FOR IMMEDIATE RELEASE Contact: Susan Austin Carney Tel. 866/ 226-2224 Email: susan@naepc.org Attorney Erica K. Williams, Named an Accredited Estate Planner® (AEP®) Designee by the National Association of Estate Planners & Councils on August 22, 2019 Cleveland, Ohio – Attorney Erica K. Williams is newly certified as an Accredited Estate Planner® (AEP®) designee […]
by Matthew N. Danese, Esq. Any employer subject to the Family Medical Leave Act (“FMLA”) should be aware of the opinion letter the U.S. Department of Labor issued on March 14, 2019 regarding designation of FMLA leave. The FMLA provides certain employees with up to 12 weeks of unpaid leave per year for certain […]
By Amanda A. Barreto, Esq. If your condominium or homeowners association does not already have a policy on solar panel installation and placement, it may be time to institute one—especially if House Bill 20 goes anywhere in Columbus. On February 12, 2019, House Bill 20 was introduced in the Ohio House of Representatives seeking to […]
By Amy Deluca, Esq. UPDATE: The Department of Labor announced a proposed rule regarding overtime. The newly proposed standard salary level has been increased to $679 per week (or $35,308 per year). Anything above this salary level means eligibility for overtime varies based on job duties. Under the Fair Labor Standards Act (“FLSA”), employers are […]
We’re proud to announce the following attorneys have been named to the 2019 Ohio Super Lawyers List based on peer nominations that were submitted, reviewed and researched by Super Lawyers: Philip J. Truax, Real Estate & Construction (first time on the list!) Arthur E. Gibbs III, Estate Planning & Probate Richard A. Naegele, Employment & Labor […]
By: Amy L. DeLuca, Esq. The Fair Labor Standards Act (“FLSA”) is the federal law setting the requirements for paying employees and defining what type of positions qualify for overtime. If a position is non-exempt, employees working in that position must be paid overtime at a rate of one and one-half times their regular hourly […]
by Benjamin M. Cooke, Esq. & Anthony J. Cox, Esq. In recent years, a new brand of investor has entered the middle market private equity space: the fundless sponsor. Different than the traditional private equity fund, fundless sponsors do not have an investment fund supporting any acquisition activity. Rather, these fundless sponsors pursue deal opportunities […]
by John A. Polinko, Esq. The distressed market has always presented fertile ground for business parties – investors, business owners, and start-ups – to explore opportunities that, though they may come with some uncertainty, offer “value” that potentially outweighs the issues present. Sometimes these opportunities come through as shut-downs, liquidations, reorganizations, or otherwise (at times, […]
by Carmen M. Verhosek, Esq. Aging in place simply means that older individuals make a conscious decision to age in their current residence by adding the appropriate wrap-around services necessary in order to maintain their quality of life as they move along the aging continuum. This means planning early in regards to finances, estate plan, […]
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by Amanda A. Barreto, Esq. Assistance animals are a common occurrence these days: on airplanes, in restaurants, and at the grocery store. Ohio businesses who offer up any space to the general public—whether a lobby or a larger retail or dining area—need to understand the rules governing assistance animals so they do not find themselves […]
U.S. News & World Report and Best Lawyers® have released their 2019 “Best Law Firms” rankings and we’re proud to share that Wickens Herzer Panza has been listed in multiple areas. Rankings as a “Best Law Firm” recognize Firms for their professional excellence and consistently impressive ratings from clients and peers. According to Best Lawyers, “achieving a […]
by William P. Prescott, Esq. Worker Classification- It’s Not a Worker or Employer Decision! Worker classification remains a problem for businesses of all types, including professional practices. Because the Internal Revenue Services (IRS), the Department of Labor (DOL) and the states believe that they are currently incurring a significant loss of revenue and where […]
by Morgan Nakon & Matthew W. Nakon, Esq. As many of you are now aware, during Breast Cancer Awareness Month WHP will hold several fundraising initiatives, with the proceeds benefiting Susan G. Komen, Northeast Ohio Chapter. This cause and Foundation are important to several members of our WHP family who have been impacted by breast […]
by Philip J. Truax, Esq. Disaster Preparedness: Before and After a Major Loss By now, you’ve all seen and heard of the tragedy brought on by Hurricane Florence in the Carolinas, as well as Hurricane Michael in the panhandle. Surely the wind and rains from the storms were devastating but the slow, ongoing and ever-rising […]
by Philip J. Truax, Esq. By now, you may have heard about the Ohio Supreme Court case that held a contractor’s commercial general liability policy (CGL) does not cover property damage caused by its subcontractor’s defective work. If not, here is a brief summary: In Ohio N. Univ. v. Charles Constr. Servc., Inc., 2018-Ohio-4057, Charles […]
Thursday, September 27th marked our Firm’s first quarterly Women’s Initiative event. The topic? Balance: The Sandwich Generation Covering what you need to know when you find yourself caring for your parents AND for your children, WHP attorneys Carmen Verhosek and Erica Williams led the discussion with some of our area’s top female leaders who happen […]
By: Philip J. Truax, Esq. As a service provider, invoices can often be your lifeblood to cash. You perform your work or your services, and you provide your customer with an invoice, whether to obtain a partial payment or full payment for that work or those services. In fact, many of your customers will […]
by Erica K. Williams, Esq. A recently enacted law amends R.C. Section 5747.24 to revise and re-establish the bright-line domiciliary test for Ohio income tax purposes. Under the new law, an individual is presumed to be not domiciled in Ohio for the entirety of any taxable year if the individual files an Affidavit of Non-Ohio […]
by Douglas J. Swearingen, Esq. Many people view investing in real estate as an opportunity to maintain and grow a passive income stream as either a primary or secondary source of revenue. There are several issues that real estate investors need to consider in order to protect both their personal and business assets from the […]
AVON (August 24, 2018) – On Thursday, August 23, 2018, retired Wickens Herzer Panza attorney and former Judge Joseph E. Cirigliano was presented with the Ohio State Bar Association’s highest honor: the Bar Medal. This medal is awarded to individuals who give their time and talent by way of leadership roles on the bench and […]
Published on March 2, 2011 By Kelly A. (Means) VanDenHaute, J.D., Richard A. Naegele, J.D., M.A., William P. Prescott, E.M.B.A., J.D., Mark P. Altieri, J.D., L.L.M., CPA, PFS In March of 2010, the Patient Protection and Affordable Care Act became law. While as a small employer you may be exempt from many of the health care reform mandates, many other […]
by Amy DeLuca, Esq. We know that in recent months allegations of sexual harassment have been on the rise. Employers, wanting to be proactive, are taking steps to learn more about sexual harassment and what they can do to protect their employees from such conduct and their companies from liability if allegations surface. As […]
by Anthony Cox, Esq. Many see the new year as a time for a fresh start and an opportunity. Business owners are no different, and often this leads them to ask what they should be thinking about from a legal perspective as they chart the course for the next twelve months. Here are some of […]
by Jess Brandenburg Missed our Mitigating Risk seminar last week? No problem! In partnership with Corrigan Krause and The Fedeli Group, we spoke to the construction industry and provided tips and know-how to help contractors and businesses mitigate risk and set themselves up for success. Dennis Dlugosz, CPA, of Corrigan Krause touched on taxes […]
by Amy DeLuca, Esq. As we begin a new year, many of us are making plans and setting goals to focus on over the next twelve months. Mitigating risks in our business endeavors should be one of those goals. In order to aid in that effort, we have assembles a list of 18 ways you […]
by Anthony Cox, Esq. Owners of limited liability companies (“LLCs”), general partnerships, limited partnerships, and limited liability partnerships taxed as a partnership for federal income tax purposes should be aware of a recent change in federal income tax rules regarding audits of tax partnerships. The new rule creates an exception to the general requirement that […]
by Amy DeLuca, Esq. It seems like every day there is a new allegation of sexual harassment in the news. Employers wanting to take steps to protect their employees from harassment and themselves from liability have asked: What constitutes sexual harassment? Generally speaking, as defined by the Equal Employment Opportunity Commission (EEOC), sexual harassment includes […]
Wickens, Herzer, Panza, Cook & Batista Co. is pleased to announce 5 attorneys have been recognized on the 2018 Ohio Super Lawyers list and 2 have been named Ohio Rising Stars. Super Lawyers is an exclusive list, recognizing no more than five percent of attorneys in Ohio. Part of Thomson Reuters, Super Lawyers is a research-driven, […]
by Amy DeLuca, Esq. Recently, the news has been filled with stories about sexual harassment allegations. As more people are coming forward and the #MeToo Movement is gaining momentum, this will only increase. While the stories we see in the headlines have focused on celebrities and politicians, sexual harassment is not something unique to the […]
Carmen Verhosek to concentrate in rare Elder Law; Michael Nakon joins Litigation group Wickens, Herzer, Panza, Cook & Batista is pleased to announce Carmen Verhosek and Michael Nakon are newly appointed attorneys in its Avon office. Ms. Verhosek is a member of the Firm’s Probate & Estate Planning department, focusing her practice on estate planning, […]
By Matthew W. Nakon, Esq., President It is hard to believe, but we are in the home stretch for 2017. There is a lot happening at the Firm. We recently completed the construction of our new board room and conference facilities, which are just off the main lobby as you walk in the building. We […]
By Christopher W. Peer, Esq. It happens to us all, you watch the A/R (accounts receivable) from a historically good account go past 30 days, sail past 60 days and pretty soon it’s 90 days past due and altogether questionable to ever be collected. Or worse, you get the notice that the customer has entered […]
By John A. Polinko, Esq. Consider the following: one of your largest customers has reached its financial breaking point and determined that filing for chapter 11 bankruptcy protection is the last option available to regain its footing and reorganize (or sell) its business. Although this may be beneficial for the company — now a “debtor” […]
By John A. Polinko, Esq. As 2017 creeps into its final quarter, it is worth taking a look at the past 10 months and reviewing what industries have experienced the most significant distress, at least from the perspective of chapter 11 bankruptcy. The purpose of this exercise is not to trumpet the fact that certain […]
By Christopher W. Peer, Esq. and Benjamin M. Cooke, Esq. When an owner of a business is looking to sell the business, the immediate question is “what is it worth?” In a traditional “deal”, the question is often followed by consideration of multiples of EBITDA (earnings before interest, taxes, depreciation and amortization) and industry standards. […]
By Anthony J. Cox, Esq. and Mary G. McCarty When an Ohio company decides to stop doing business, locking the door and turning off the lights is not enough to terminate the company. In most cases, the business entity will continue to exist — and remain exposed to liability — until it is formally dissolved […]
By Anthony J. Cox, Esq. The trend toward the corporate practice of medicine and dentistry has become impossible to ignore, as more and more health care and dental professionals are deciding to render services through business entities. But while many professionals are familiar with the concept of “corporate practice,” not all are familiar with the […]
By Malorie A. Alverson, Esq. An ongoing trend in businesses, including within the health care industry, is the use of independent contractors to provide services instead of through employees. Generally speaking, a professional corporation that hires an independent contractor is not vicariously liable for the negligent acts or omissions of the contractor. This is one […]
By Daniel C. Urban, Esq. What is a buy-sell agreement? A buy-sell agreement, also sometimes called a share redemption agreement, establishes the terms and conditions upon which a shareholder in a professional corporation will be redeemed at certain future events. In the context of a limited liability company, similar provision regarding the liquidation of a member’s […]
By William P. Prescott, Esq. Dental and dental specialty practices have substantial goodwill and their values, as compared to other professional practices, are high. The three common methods of valuing dental practices are summation of assets, capitalization of earnings and similar practices. The methodology is the same for a complete or fractional sale and purchase. […]
By Kelly A. VanDenHaute, Esq. A professional practice is responsible for protecting the protected health information (“PHI”) of its patients under both the Health Insurance Portability and Accountability Act (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act (“HITECH”). In the ordinary course of business, a professional practice may utilize non-employee consultants […]
By William P. Prescott, Esq. Solo group arrangements are a good alternative to co-ownership or partnership because the associate who purchases the first half of the practice is not obligated to purchase the second half. Because the practice owner and the associate, who is now an owner, have separate practices, each owner can sell his […]
Best Lawyers® has released The Best Lawyers in America© list for 2018. Wickens, Herzer, Panza, Cook & Batista Co. is pleased to announce that six of its attorneys have been recognized for their expertise and selected for inclusion in the 2018 list. Richard Panza, Commercial Litigation Matthew Nakon, Commercial Litigation Arthur Gibbs, Trusts & Estates […]
On September 18, 2017, employers must begin exclusively using the revised I-9 Form with the revision date of 07/17/17. Changes have been made to both the instructions for completing the form and the form itself. Employers should make sure they are familiar with the new form and instruction changes prior to this September 18th deadline. […]
WHP is pleased to announce that Attorney Philip J. Truax has been selected to receive the 2017 District 10 Community Service Award for Attorneys 40 and Under from the Ohio State Bar Foundation, a charitable arm of the Ohio State Bar Association. This award is presented to attorneys, 40 years of age or younger, who […]
WHP is pleased to announce the addition of Attorney Erica K. Williams to its Avon, Ohio Office. Ms. Williams is Of Counsel with the Firm’s Probate & Estate Planning Department and focuses her practice on estate planning, and wealth transfer & preservation. She is experienced in all areas of estate planning, including income tax, estate tax, […]
By Malorie A. Alverson, Esq. In an interesting turn of events, the Supreme Court of Ohio dismissed Rush v. Univ. of Cincinnati Physicians, Inc.1 as improvidently accepted. The issue in the case was whether a physician-employee needs to be joined as a party along with the medical practice-employer in a medical negligence case in order […]
By Christopher A. Gray, Esq. This month, a new law went into effect which will help protect Ohio employers who frequently send their employees on the road. Prior to July 1, 2017, if an employee was injured in a motor vehicle accident during the course and scope of his or her employment, the employee would […]
By Philip J. Truax, Esq. Several years ago, Ohio’s legislature passed a law to provide subcontractors and material suppliers with a formidable weapon to protect their payment rights – the Ohio Prompt Payment Act. ORC 4113.62 requires that subcontractors and suppliers be paid within 10 days of their customers being paid for their work or […]
By Christopher A. Gray, Esq. A recent court case from a Federal Appeals court out of Maryland should cause contractors to re-examine their relationships with subcontractors and their employees. In that case, Salinas v. Commercial Interiors, the employees of a subcontractor sued both the subcontractor and general contractor for violations of the Fair Labor Standards […]
By Anthony J. Cox, Esq. Provisions relating to weather delays in a construction contract are nothing new to most contractors. These provisions usually provide that delays resulting from inclement weather will entitle the contractor or subcontractor to more time to complete the project, and in some circumstances, that weather delays are not only excusable, but […]
By Daniel C. Urban, Esq. In the construction world, the parties spend a lot of time planning the project before it starts. Typically, such careful planning allows for the project to go as smoothly as possible. Having a project go according to plan and smoothly is good for everyone involved for any number of reasons. […]
By Christopher W. Peer, Esq. Most contractors and construction professionals understand that it is critical to obtain financing before beginning the project. Why is this? Well, this question has come in recently and the answer is you might not get the financing you are expecting! Professionals and contractors alike know that sizable construction jobs start […]
By Rachelle K. Zidar, Esq. Developers and project managers routinely rely on multiple professionals at the start-up of a particular project. Land is appraised, surveyed and inspected. Plans are engineered, drafted, and redrafted. Often, a design error by an engineer or similar professional is not evident until years after services have been rendered and in […]
By Amy L. DeLuca, Esq. Many employers, including construction contractors and material suppliers, attempt to protect their business by having their employees sign non-competition, non-solicitation, non-disclosure, and/or confidentiality agreements. Recently, courts appear to be more closely scrutinizing such agreements and rendering rulings that are more advantageous to employees. To overcome this trend, employers have wisely […]
The Practical Tax Lawyer, Spring 2017, Richard A. Naegele, J.D. and Mark P. Altieri, J.D., L.L.M., CPA, PFS View Publication PDF