News

Matthew Nakon named to Cleveland Magazine’s “The Cleveland 500” for 2021

Year End FFCRA Paid Leave Considerations

By Amy L. DeLuca, Esq. Unless extended by Congress, the paid leave provisions under the Families First Coronavirus Response Act (“FFCRA”) are set to expire on December 31, 2020.  This means that upon expiration of the FFCRA paid leave provisions, employers will no longer be required to provide paid leave to employees for the following […]

6 WHP Attorneys Recognized on 2021 Ohio Super Lawyers List; 3 Recognized as Rising Stars

We’re proud to announce the following six attorneys have been named to the 2021 Ohio Super Lawyers® List based on peer nominations that were submitted, reviewed and researched by Super Lawyers: Arthur E. Gibbs III, Estate & Probate Richard A. Naegele, Employee Benefits Matthew W. Nakon, Business Litigation Richard D. Panza, Business Litigation Christopher W. […]

PPP Loan Necessity Questionnaire

By Brandon J. Leal, Esq. The Small Business Administration (the “SBA”) has issued a new questionnaire that all Paycheck Protection Program (“PPP”) borrowers that received a loan of $2 million or more must complete. Based on current commentary and available information, this requirement will not be asked of parties who received less than $2 million […]

Wickens Herzer Panza Receives 2021 “Best Law Firms” Ranking

New Program Authorized to Provide Relief for Ohio Small Businesses – Apply Today!

By Brandon A. Wojtasik, Esq. Governor Mike DeWine approved $125 million of Federal CARES Act funding to provide $10,000 grants to qualifying Ohio small businesses. The qualifications under this new Small Business Relief Grant (“SBRG”) program are provided below. Qualifying businesses can begin applying today, and the grants will be awarded on a first-come-first-serve basis. […]

Companies Need to Budget Now for Minimum Wage Increase

Department of Labor Issues Proposed Rule Defining Independent Contractor Status

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 […]

Wickens Herzer Panza Welcomes Attorney Brandon A. Wojtasik

COVID-19 Civil Immunity for Businesses

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 […]

5 WHP Attorneys Named in The Best Lawyers in America© 2021

Workers’ Compensation Group Rating Program

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 […]

Latest Rule Change for PPP Forgiveness

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% […]

PPP Loan Forgiveness Application

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 […]

Good Faith Certification for Necessity of PPP Loans Causing Concern?  Worry No More!

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 […]

Potential Backstops May Cover COVID-19 Pandemic Business Interruption Losses

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, […]

Ohio Unemployment and Employee’s Refusal to Return to Work While Receiving COVID-19 Benefits

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 […]

Not Complying with the Stay at Home Order? Be Prepared for the Legal Consequences.

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 […]

You Received Your PPP Funds; Now What?

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 […]

Changes to Payroll Reporting as a Result of COVID-19

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.  […]

CARES Act Update: Retirement Plan Relief

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 […]

IRS Families First Coronavirus Response Act Guidance

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 […]

Employer Update: Families First Coronavirus Response Act, Ohio Stay At Home Order, and Other COVID-19 Employment Related Matters

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 […]

CARES Act to Provide Critical Funding for Small Businesses to Retain Workforces and Get Back to Work

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 […]

DOL Guidance for the Implementation of the Families First Coronavirus Response Act

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.  […]

The Small Business Provisions of the Coronavirus Aid, Relief, and Economic Security (CARES) Act

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, […]

Families First Coronavirus Response Act – Department of Labor Guidance

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 […]

Business Operations, Cash Needs, and Lender Options

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” […]

Coronavirus Impact to Commercial Property Owners

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 […]

The Current State of Construction Projects in Ohio after the Ohio Department of Health Director’s Stay At Home Order of March 22, 2020

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, […]

Our Firm’s Commitment to Our Clients and Employees

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. […]

COVID-19 Response: Ohio Governor Orders Ohioans to Stay at Home

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 […]

Ohio BWC Announces Payment Deadlines Extended

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 […]

Families First Coronavirus Response Act:  Implications for Employers

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 […]

Ohio Unemployment and COVID-19

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 […]

A Message from our Firm’s President, Matthew W. Nakon

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 […]

Covid-19: Employment Law FAQs and Guidance

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 […]

Ohio Industrial Commission Workers’ Compensation Hearings

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 […]

SECURE Act Update

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 […]

7 WHP Attorneys Recognized on 2020 Ohio Super Lawyers List; 2 Recognized as Rising Stars

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, […]

Wickens Herzer Panza receives “Best Law Firm” Ranking

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 […]

Building Collapse During Construction

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. […]

Time For Your Company’s Year-End HR Check-Up

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 […]

New DOL Overtime Rule

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. […]

Attorney Erica K. Williams, Named an Accredited Estate Planner® (AEP®) Designee

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 […]

5 WHP Attorneys Named in The Best Lawyers in America© 2020

Department of Labor Issues Guidance on FMLA Leave Designation

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 […]

Solar Panels in Community Associations: Legislative Update

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 […]

6 WHP Attorneys Recognized on 2019 Ohio Super Lawyers List; 3 Recognized as Rising Stars

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 […]

Hidden Opportunities Right Under Your Nose

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, […]

Worker Classification- It’s Not a Worker or Employer Decision!

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 […]

Breast Cancer Awareness Month: Our ‘Why’

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 […]

Balance: The Sandwich Generation Event Recap

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 […]

PRESS RELEASE: RETIRED ATTORNEY, THE HONORABLE JOSEPH E. CIRIGLIANO, RECEIVED THE OHIO STATE BAR ASSOCIATION’S HIGHEST HONOR: THE BAR MEDAL

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 […]

Five WHP Attorneys Recognized on 2018 Ohio Super Lawyers List; Two Recognized as Ohio Rising Stars

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, […]

WHP Welcomes New Practice, Two New Attorneys

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, […]