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Employer Law Report

Are Ohio workers’ compensation laws changing?

By Rebecca Kopp Levine on August 20, 2019

As we reported in June, the Ohio legislature attempted to make substantial changes to workers’ compensation laws as part of the overall budget. However, after the House and Senate could not reach an agreement on many parts of the budget, Gov. DeWine permitted the legislature additional time to reach a compromise. The actual budget submitted to and signed by the governor contained NO changes to the workers’ compensation laws. Conspicuously absent from the budget was…

Technology Law Source

Status of CBD products under Ohio law: Update

By Frank Tice & Joe Wheeler on August 1, 2019

In our recent post, Status of CBD products under Ohio law: Part one, we discussed the perplexing regulations in Ohio that made it effectively illegal to sell hemp and Cannabidiol (CBD) despite passage of the Agriculture Improvement Act of 2018, otherwise known as the 2018 Farm Bill. That landscape has now changed in Ohio with the passage of Senate Bill 57, signed into law by Governor DeWine on July 30, 2019. The version of Senate…

Employee Benefits Law Report

Sixth Circuit nonqualified deferred compensation plan decision highlights importance of Code Section 409A compliance and ERISA claims procedures

By Greg Daugherty & Dave Tumen on July 31, 2019

We often receive questions about whether different types of bonus plans and nonqualified deferred compensation plans (NQDC plans) are subject to ERISA. We explain that being subject to ERISA may be a good thing for an NQDC plan, particularly with respect to resolving disputes and claims for benefits. Even if it is questionable whether an NQDC plan is subject to ERISA (i.e., because it arguably does not provide retirement benefits or covers only one person),…

Technology Law Source

Kawhi Leonard v. Nike, Inc.: Copy, derivative work or distinct work?

By Rick Mescher on July 25, 2019

On July 17, 2019, Nike, Inc. (Nike) filed its Answer and Counter Claims in response to the complaint previously filed by Kawhi Leonard, now of the Los Angeles Clippers. Read about the complaint in our previous post, Kawhi Leonard v. Nike Inc.: How copyrights can trump trademarks? In its Answer, Nike asks for a declaration that Nike is the sole owner of copyrights in the modified “KL2” logo, a finding that Kawhi’s use of the…

Technology Law Source

The GDPR: A year in review

By Sean Klammer on July 23, 2019

On May 25, 2018, the General Data Protection Regulation (GDPR) became effective across the European Union. The GDPR is a regulation designed to give EU residents control over their personal data and simplify the regulatory framework for international organizations doing business in the EU. In its infancy, it was not entirely clear how the GDPR would be enforced. Now, one year later, the regulation is beginning to show some teeth. For individual consumers, the GDPR…

Banking & Finance Law Report

The Bank Industry’s Cannabis Problem

By Frank Tice on July 22, 2019

The banking industry has a cannabis problem—it cannot bank cannabis related businesses. Despite the fact that over 35 states have legalized medical cannabis in some form and more than 10 others have recreational cannabis laws, the mainstream banking industry has been largely unable to provide services to lawful cannabis companies. That is because federal law still views cannabis as an illegal Schedule I drug subject to the Controlled Substances Act—on par with drugs such as…

Employer Law Report

Myths, rumors and clarification on the status of the H-4 EAD

By Rob Cohen on July 18, 2019

In February of this year, USCIS announced that the proposed rule to eliminate the ability of foreign nationals in H-4 status to apply for an Employment Authorization Document (EAD) was sent to the Office of Management and Budget (OMB) for final approval. Five months later, OMB has still not released the proposed rule for publication. The delay likely reflects substantive issues and is more than mere bureaucratic delay. In the meantime, the H-4 EAD is…

Employer Law Report

EEO-1 reporting: Pay data filing begins July 15, 2019

By Jourdan Day on July 12, 2019

The Equal Employment Opportunity Commission (EEOC) has announced the filing window for the newly required Component 2 pay data opens July 15, 2019. Private employers with at least 100 employees are required to submit pay data for calendar years 2017 and 2018 by Sept. 30, 2019. This new requirement is ordered by the court decision in the National Women’s Law Center v. Office of Management and Budget case. The EEOC has taken a number of…

Employee Benefits Law Report

Individual coverage HRAs: A potential alternative to traditional group health plan coverage?

By Seth Hanft on July 12, 2019

In a reversal of previous Obama Administration guidance, the Trump Administration recently finalized regulations that provide for a new type of health reimbursement arrangement—the individual coverage HRA. In a previous blog, we briefly discussed the potential for the individual coverage HRA to provide large employers who are subject to the Affordable Care Act (ACA) employer coverage mandate with a cost-effective alternative for meeting those requirements. To recap, under the ACA, large employers (those with…

Antitrust Law Source

Broiler chicken antitrust litigation gains momentum

By Jason Dubner on July 3, 2019

As millions of Americans contemplate whether to fry, smoke or barbeque their chicken over the upcoming 4th of July holiday, the antitrust class action against our nation’s largest chicken producers—In Re Broiler Chicken Antitrust Litigation, No. 16-cv-8637—took a significant turn this past week, when the U.S. Department of Justice formally intervened in the multi-district private litigation originally filed in 2016. DOJ granted leave to intervene and three-month discovery stay The DOJ’s June 21, 2019 Motion…

Porter Wright Morris & Arthur LLP

Porter Wright Morris & Arthur LLP Blogs

Blog Authors

Are Ohio workers’ compensation laws changing?

Status of CBD products under Ohio law: Update

Sixth Circuit nonqualified deferred compensation plan decision highlights importance of Code Section 409A compliance and ERISA claims procedures

Kawhi Leonard v. Nike, Inc.: Copy, derivative work or distinct work?

The GDPR: A year in review

The Bank Industry’s Cannabis Problem

Myths, rumors and clarification on the status of the H-4 EAD

EEO-1 reporting: Pay data filing begins July 15, 2019

Individual coverage HRAs: A potential alternative to traditional group health plan coverage?

Broiler chicken antitrust litigation gains momentum

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