Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Essential Businesses in Ohio: Today’s Announcements Apply to You

Client Alert
April 27, 2020

Governor DeWine announced the “Responsible Restart Ohio” program this afternoon to set the stage for reopening certain areas of the Ohio economy. Matt Heinle and Jeff Miller posted on the overall requirements today. While the announcement and our post focused on reopening certain businesses, the mandatory requirements and recommendations apply to ALL businesses, including those which had been open and operating as an Essential Business.  

What am I required to do?

Governor DeWine published five protocols for all businesses:

  1. No mask, no work, no service, no exception. Require face coverings for employees and clients/customers at all times. Face coverings include surgical-type masks as well as cloth masks, handkerchiefs, scarves, etc. These masks can be provided by the employee or the employer.
  2. Conduct daily health assessments by employers and employees (self-evaluation) to determine if “fit for duty.” Remember not to record individual temperatures, just whether the health assessments have been conducted.
  3. Maintain good hygiene at all times – hand washing, sanitizing and social distancing. These are similar requirements to what was already in place under the original Stay at Home Order.
  4. Clean and sanitize workplaces throughout workday and at the close of business or between shifts.
  5. Limit capacity to meet social distancing guidelines. Maximum capacity should be 50% of fire code. Also, use appointment setting and staggered shifts where possible to limit congestion.  

When am I required to do these?

There is no reason to delay implementation, but today’s announcements give you time to get into compliance. 

 What do I do if an employee or customer tests positive?

The requirements are much more stringent than a positive test. If there is even a suspected case or exposure, employer must contact the Local Health District.  The other obligations are in the links above. 

Where can I get more help understanding how to operate and address employee concerns?

Contact the BMD Labor and Employment team. Right now, a business is most likely to get into trouble when its employees feel unsafe and report their employer to the public health department. Additionally, the sanitization and safety measures may create wage and hour concerns. We can help you develop your plan to reopen to ensure your employees and customers feel safe returning to your workplace. 

For more information, contact Jeffrey C. Miller at 216.658.2323 or jcmiller@bmdllc.com or Ashley B. Watson at 614.246.7518 or abwatson@bmdllc.com.

Responsible Restart Ohioessential businessemployersJeffrey C. MillerAshley Watson
Client Alert

CLIENT ALERT: Ohio Incentivizes Cybersecurity Measures

November 15, 2018On November 2, 2018, Ohio’s Data Protection Act (“DPA”) went into effect. The DPA incentivizes Ohio businesses to proactively address cybersecurity and data protection by providing an affirmative defense/safe harbor for claims related to data breach. However, the safe harbor is only applicable if the organization can prove “reasonable compliance” to the DPA.Client Alert

CLIENT ALERT: Update on Discrimination

October 23, 2018The “#metoo” presence and the recent Kavanaugh confirmation hearings have brought sexual discrimination issues to the forefront of the American mind. Always an incendiary and confusing topic, it also includes various permutations of issues involving sex, sex stereotyping, sexual orientation, and transgender situations.Client Alert

CLIENT ALERT: Ohio Supreme Court Rules that a Subcontractor's Construction Defects are Not a Covered "Occurrence" Under a CGL Policy

October 10, 2018Although a growing number of states have held that CGL policies provide coverage for damages caused by the defective work of subcontractors, the Ohio Supreme Court has refused to join the national trend. In Ohio N. Univ. v. Charles Constr. Servs., Inc., 2018-Ohio-4057, the Ohio Supreme Court recently ruled that a subcontractor’s faulty workmanship is not a covered “occurrence” under a typical CGL policy.Client Alert

CLIENT ALERT: Taxpayer Passport Application will be Denied Due to Unpaid Taxes

July 23, 2018In late 2015, Congress passed The Fixing America’s Surface Transportation Act (FAST) into law. This law allows the IRS and State Department to refuse to issue a Passport if the taxpayer has a seriously delinquent tax debt. The law also permits the IRS and State Department to revoke a taxpayer’s Passport for these same delinquent tax debts. To be considered a seriously delinquent tax debt, the tax debt must total more than $51,000.Client Alert

CLIENT ALERT: New Opportunity Zone Incentives Promise to Spur Economic Development

June 14, 2018Created as part of the recently passed Tax Cuts and Jobs Act, “Opportunity Zones” are designed to encourage long-term investments in underserved communities. By offering tax benefits to private investors who choose to invest their capital at the nexus of need and opportunity, the program supports a broad array of investments and offers opportunity for creative problem-solving strategies to address community needs. The program offers investors tiered tax benefits depending on the term of the investment, including a temporary deferral and partial reduction of unrealized capital gains, as well as the potential to exclude all future appreciation on the investment. The program is designed to tap into the estimated $6T+ of unrealized capital gains held by U.S. individuals and companies by incentivizing investors to re-invest that capital in low-income communities to spur economic development and job creation.
Older posts
Newer posts