Blogs Archive

Obama Lite: Trump Labor Department Proposes Its Own New Wage and Hour Employee Exemption Rules

March 12, 2019 | Sebaly Shillito + Dyer

In 2016, the Obama administration proposed a new rule increasing the salary threshold to qualify for an exemption from the overtime and minimum wage requirements. On March 7, 2019, The Trump Labor Department took its own stab at the decades-old exempt employee salary threshold.

It’s Blacked Out, But Is It Really Redacted?

January 10, 2019 | Joseph M. Snyder

When redacting legal documents, it is essential to ensure that the original underlying text information is completely removed from the document that is e-filed. Defense counsel in the high profile criminal trial for former President Trump Campaign Manager Paul Manafort provided all lawyers, paralegals, and legal assistants a valuable lesson.

The Foreign Worker, Immigration Compliance “Safety and Strategies”

November 29, 2018 | Karl R. Ulrich

Attorney Karl R. Ulrich presented “The Foreign Worker, Immigration Compliance, Safety and Strategies” at the Safety Council of Southwestern Ohio 2018 Occupational Safety Meeting in Middletown, OH.

Say What? The Employee Who Failed His Post-Accident Drug Test Gets Workers’ Comp.?

November 29, 2018 | Karl R. Ulrich

Under Ohio law, a positive, post-accident drug test raises only a “rebuttable presumption” that the injured worker’s use of drugs or alcohol proximately caused the industrial injury.

That’s the Way the Cookie Crumbles, If You Want to Comply with European Union Regs.

November 29, 2018 | Gale S. Finley

The European Union (the “EU”) adopted the General Data Protection Regulations (the “GDPR”) in 2016 with the intention of protecting all EU citizens from privacy and data breaches. A cookie policy is a crucial aspect of any company’s privacy policy, and this article aims to provide an overview of the required updates necessary to protect your company from excessive fines.

The Miller Criteria: A 3 Step Test For Reimbursement

November 20, 2018 | Karl R. Ulrich

If you deal with workers’ compensation in Ohio, you need to know about the “Miller Criteria.” In the landmark 1994 State, ex rel. Miller v. Indus. Comm., 71 Ohio St. 3d 229 decision, the Ohio Supreme Court laid out a three-step test to determine whether, and to what extent, medical treatment, services, and supplies are covered by the Ohio state workers’ compensation insurance fund.

Mount Lemmon Fire District v. Guido: Re-Shaping the Scope of the ADEA

November 6, 2018 | Joshua R. Schierloh and Karl R. Ulrich

In Mount Lemmon Fire District v. Guido, the United States Supreme Court recently heard arguments concerning the Age Discrimination in Employment Act (ADEA) and if it prohibits age discrimination in government agencies with fewer than 20 employees.

“DANGER! DANGER! Warning Young Will Robinson,” Says Sec

October 23, 2018 | Sebaly Shillito + Dyer

The Securities and Exchange Commission (“SEC”) recently issued a “Report of Investigation” under Section 21(a) “Regarding Certain Cyber-Related Frauds Perpetrated Against Public Companies and Related Internal Accounting Controls Requirements.” The Report arose out of the investigation of 9 publicly traded companies who had been the victims of fake email scams which it called “spoofed or manipulated electronic communications” purporting to be internal from company executives or known vendors.

Good Leaders Will Embrace Gender Diversity, But Can Bad Leaders Be Forced To Become Gender Diverse?

October 11, 2018 | Tom J. Whalen

On September 30, 2018, California Governor Jerry Brown signed into law Senate Bill No. 826 designed to increase gender diversity on the governing board of California publicly traded companies. Can state governments force corporate leadership in the “right” direction?

“Ooops – I Didn’t Mean For That To Happen…” Negligence And Legal Risk In The Drone Business

October 10, 2018 | Sebaly Shillito + Dyer

Common negligence torts as applied to drones can also be largely mitigated through comprehensive operational planning, technical investment, and an appropriate risk management protocol, derived from experience and understanding of the flight environment and its inherent risks.

Generation X, Meet Gender X

September 27, 2018 | Sebaly Shillito + Dyer

Dana Alix Zzyym was born with sex characteristics that do not fit typical binary notions of bodies designated “male” or “female.” Dana wanted the passport to reflect “intersex” (requesting the designation X instead of the binary choice M or F) because the Passport Agency should not force swearing to a sex that the applicant is not.