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Business & Employment Law Archives

Preventing a contract dispute

If you run a business, you may encounter a number of challenges. However, we know that contract disputes can be especially difficult and may present serious consequences for a businses, from financial penalties to damaged business relationships. In Cincinatti and across the whole state of Ohio, it is vital for business owners who are in the process of drafting a contract to make sure that they do what they can to prevent a contract dispute from arising in the future.

Summary Judgment Granted to Texas Business Groups Challenging the Obama Administration's Revised Overtime Rule

By Brian R. Redden with Robert G. Hyland

On August 31, 2017, a Texas federal court judge declared that the Revised Overtime Rule issued in 2016 by the Obama Administration that would have altered the landscape with respect to non-exempt employee and overtime regulations for employers throughout the United States is invalid. United States District Court Judge Amos Mazzant granted summary judgment to the various business groups who had challenged the new 2016 FLSA Overtime Rule. This rule would have doubled the minimum salary required to qualify for the white collar/executive exemption from $23,660.00 to nearly $47,500.00. This new Overtime rule, covered in this Blog in November, 2016, was expected to have significant impact on numerous industries and a negative impact on middle income earners' ability to earn overtime or compensatory time. The rule would have impacted many administrative, middle management, and sales personnel. The Trump Department of Justice is not expected to appeal the Judge's decision.

How employees can make or break a merger

Mergers signal growth for Ohio businesses. However, if the employees in both companies are not adequately prepared, it could spell disaster. According to Forbes magazine, some studies indicate that the majority of mergers fail. Fortunately, many of the pitfalls are avoidable.

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.

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