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image Employee Misclassification: Avoid Hefty Fines

Employee Misclassification: Avoid Hefty Fines

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 rates for any hours worked over 40 hours in a week. States also have their own statutes addressing employee pay. The penalty provisions under both the state and federal regulations can be very significant.…
image Fundless Sponsor Acquisitions

Fundless Sponsor Acquisitions

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 seemingly opposite to the private equity funds that they are competing with. The fundless sponsor identifies a target acquisition and then figures out how they are going to pay for it.…
image Hidden Opportunities Right Under Your Nose

Hidden Opportunities Right Under Your Nose

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, resulting in auctions) in which owners seek to divest themselves of certain assets. One popular vehicle often seen is in conjunction with a Chapter 11 bankruptcy filing; specifically, a sale pursuant to Section 363 of the United States Bankruptcy Code. The key to a Section 363 sale, and the overwhelming reason such sales are so enticing to buyers, is the undeniable stripping of all existing interests in the assets sold, resulting in a purchase that is truly “free and clear.”…
image Aging in Place: Plan, Support, Succeed

Aging in Place: Plan, Support, Succeed

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, future health care needs and more.…
image Service Animals and Emotional Support Animals: What Every Ohio Business Should Know

Service Animals and Emotional Support Animals: What Every Ohio Business Should Know

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 in violation of state and federal disability laws or facing thousands, or even millions, of dollars in potential damages.…
image Wickens Herzer Panza Receives 2019 “Best Law Firms” Ranking

Wickens Herzer Panza Receives 2019 “Best Law Firms” Ranking

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 tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.…
image Worker Classification- It's Not a Worker or Employer Decision!

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 workers are losing benefits, the IRS, the DOL, and the states are all attacking worker classification and all have different tests to determine worker status. In 2010, the IRS conducted approximately 6,000 comprehensive employment audits, roughly 2,000 for the years 2010, 2011 and 2012 for small businesses and professional practices under the National Research Project (NRP). One purpose of the NRP audits was to determine how much revenue is being lost due to worker misclassification. To date, the results of those audits have not been determined…