Effective March 8, 2021, the United States Department of Labor (“DOL”) will adopt a new rule to determine if an individual is an employee or an independent contractor under the Fair Labor Standards Act (“FLSA”). The new five factor rule refines the “economic reality” test. Of the five factors, the first two are the most […]
In the case of O’Brien v. Great Parks of Hamilton Cty., 2020-Ohio-6949, the Ohio First District Court of Appeals held that a golf course was immune from liability when a lawnmower struck an individual, because the lawnmower did not possess any mechanical defects prior to the accident. The individual, who had been struck by a […]
In the case of Abdou v. Ohio Dep’t of Agric., 2020-Ohio-6937, the Ohio Tenth District Court of Appeals held that the Ohio Department of Agriculture (“ODA”) was immune from liability regarding an injury suffered from an inflatable obstacle course. The injured individual argued that the ODA was responsible for the injuries suffered by the individual […]
In the case of Humanus Corp v. Dir., Ohio Dept. of Job & Family Servs., 2020-Ohio-6940, an Ohio Appeals Court held that an employer was liable and subject to unemployment compensation laws when they had direct control over the professional’s work and pay. The employer argued there was a failure to evaluate all twenty factors […]
In the case of Franta v. State Teachers Retirement Sys., 2020-Ohio-6843an Ohio Appeals Court held that the State Teachers Retirement System of Ohio (“STRS”) properly denied a teacher an in-person appearance before STRS on the disability denial appeal as the teacher’s attorney failed to timely request an in-person appearance. In this case, the teacher argued […]
In the case of City of Cincinnati v. Fourth Nat’l Realty LLC, Slip Opinion No. 2020-Ohio-6802, the Ohio Supreme Court held that the Court had subject matter jurisdiction after a realty company failed to serve the Ohio Attorney General at the inception of the case because the language of the statue was silent as to […]