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Business & Employment Law Archives

Amazon-Whole Foods deal meets a business need on both sides

In any business deal between equals, you would assume that each side is getting something it wants and bargained for. Nevertheless, you often see a power differential that makes a deal seem lopsided.

2016 EEOC enforcement data shows an increase in workplace discrimination charges, a reduction in litigation and monetary recovery, and a focus on LGBT concerns

Every year, the United States Equal Employment Opportunity Commission (EEOC) provides data outlining the charges of workplace discrimination that it receives, the number of suits it filed and resolved along with monetary recovery for the charge claimants, and its particular area of investigative or compliance focus for the next year. Recently, EEOC released its Fiscal Year 2016 Enforcement and Litigation Data summarizing its 2016 efforts and its 2017 focus. 

Proxy fight can be effective check against bad board of directors

What can you do when you have a bad board? It's a serious question. One major purpose of a board of directors is to provide effective oversight. That might mean ensuring that corporate leadership makes good choices, and it always means ensuring the corporation is in compliance with the law.

Preparing for the new FLSA overtime rule - Part 1

Perhaps you've heard about the new Overtime Rule ("new rule") that was recently promulgated by the US Department of Labor. Or perhaps you are just hearing about it for the first time. You aren't sure if the new rule will affect your business, when it goes into effect, or what you need to do to prepare your business. Below are some tips for understanding and navigating the new rule.

What is the remedy if your contract lacks clarity?

A client recently presented me with a contract asking my opinion of it. He explained the parties had downloaded the document from a legal website and revised it to fit their needs. He thought it was fine, but wanted an attorney's opinion. Unfortunately, there are several problems with this scenario that are becoming all too common with the expansion of legal websites and people wanting to save a few dollars. First, the contract was inadequate in many respects and simply misstated the parties' agreement. Worse yet, it was already executed. As a result, it was now a flawed document to which he could be legally bound.

Another partial delay in the ACA's employer mandate.... but only for some

In the on-going saga of implementation of the Affordable Care Act (ACA), the Obama administration announced Monday that it is again delaying the application of the law's employer responsibility provision (commonly referred to as the "play or pay" provision) for some small employers until 2016. The delay was announced in the Department of the Treasury and IRS final regulations addressing the play or pay provision released earlier this week.

Treasury department / administration delays the enforcement of the employer mandate

In a surprising move yesterday, the Obama administration announced on the U.S. Department of the Treasury's website that it is delaying the implementation of the Affordable Care Act's (ACA) employer responsibility provision. Now employers won't have to worry about compliance with the provision, commonly referred to as the "play or pay" provision, until 2015.

BHMK shareholder Peter Koenig to lead discussion on the future of parking in the urban core

BHMK Shareholder Peter E. Koenig will lead a panel discussion on May 17, 2013 at the Cincinnati Bar Association's Local Government Law Update Seminar. This panel discussion will feature Mayoral candidates John Cranley and Roxanne Qualls.  A link to the PDF copy of the brochure is below.  Please join Peter on May 17 to hear about this important issue and its impact on downtown development.

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