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U.S. Department of Labor Issues Final Overtime Rule

On September 24, 2019 the U.S. Department of Labor (DOL) announced a final rule to make 1.3 million American workers eligible for overtime pay under the Fair Labor Standards Act (FLSA). The final rule updates the earnings thresholds necessary to exempt executive, administrative, or professional employees from the FLSA’s minimum wage and overtime pay requirements, […]

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-Dilemma Competing Accommodations

Dilemma: Choosing Between Competing Requests for Accommodation

An Ohio federal court has addressed a reasonable accommodation conflict at The Ohio State University.  The facts were as follows: A sophomore at OSU, Madeline Entine, was diagnosed with depression, anxiety, obsessive-compulsive disorder and posttraumatic stress disorder.  She also suffered from debilitating panic attacks. She was recognized as having a disability under the Americans with […]

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Separation Agreements

The Appropriate Use of Separation Agreements to Limit Employer Liability

When preparing to involuntarily terminate an employee, employers should consider the risk factors that may dictate the use of a separation agreement. For example: Is the employee in a protected class (age, race, religion, color, sex, national origin, mental or physical disability, veteran status)? Has the employee recently engaged in protective activity (such as taking […]

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Trademark, Trade Name, Domain Name – the Differences Matter in Ohio

A recent Ohio Ninth Circuit Court of Appeals case, based on some convoluted facts and possibly misguided in its outcome, nonetheless illustrates some very important business realities on the intersection of trade names and trademarks in Ohio. Wooster Floral & Gifts, LLC v. Green Thumb Floral & Garden Ctr., Inc., 2019 Ohio 63. Kimberly Gantz […]

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identity theft

Reacting in an Identity Theft Crisis

Identity theft affects 17.6 million people in the United States each year, at a cost of $15.4 billion in 2014. Eighty-six percent of identity theft victims experienced the fraudulent use of existing account information, such as credit card or bank account information. Most victims did not know how the offender obtained their information. The Fair […]

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business consultant

Business Owners: Be Careful of Continuing Personal Guarantees

ALERT: Sit down with your business clients and immediately inventory any unrevoked personal guarantees that may be lingering out there . . . Generally, in Ohio, a personal guarantor of business debt is liable on a continuing guaranty unless he or she revokes the guaranty agreement in the mode specifically anticipated by the agreement. Importantly, […]

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Understanding the Value of Registering a Trademark

If you have a distinctive name, logo, or slogan and you sell goods or services across state lines or over the internet, chances are that you should be thinking about registering your trademark with the United States Patent and Trademark Office. Why you might ask? By registering your trademark you impart others with constructive notice […]

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