Ohio’s Dormant Mineral Act: Questions After Corban
- November 8, 2016 | By Alan D. Wenger | Oil & Gas
A recent Ohio Supreme Court finally gives direction for the many lower court cases pending on issues related to the Ohio Dormant Minerals Act. But the ruling raises uncertainties for some lessors and lessees.
New Overtime Rules Take Effect Dec. 1, 2016
- October 6, 2016 | By Martin J. Boetcher | Business & Employment
New federal overtime rules take effect December 1, 2016, and will increase the salary threshold that usually determines who qualifies for overtime pay to $913 per week, or $47,476 a year for a full-time employee.
New Ohio Law Eases Liability Burden for Motor Carriers
- June 22, 2016 | By Martin J. Boetcher | Business & Employment
Effective March 23, 2016, Ohio became the 43rd state to enact a law that prohibits certain types of indemnity agreements in motor carrier transportation contracts. Ohio Revised Code §2305.52 now prohibits provisions in motor carrier transportation contracts that purport to…
4 Practical Steps for Employers to Defend Against Wrongful Termination Lawsuits
- June 5, 2016 | By Matthew M. Ries | Business & Employment
Many employers find themselves defenseless against wrongful termination lawsuits. Here are four strategies an employer should consider to protect itself against such lawsuits and minimize liability at trial.
Class Action Lawsuits Over O&G Royalties: 6 Issues to Consider
- November 9, 2015 | By Alan D. Wenger | Oil & Gas
Many royalty recipients are convinced they are being underpaid by a lessee because of improper cost deductions and sale prices tilted through schemes involving companies related to the lessee. Lessors face many roadblocks if they seek redress: royalty claims are…
3 Takeaways from Landmark EEOC Ruling in Sexual Orientation Case
- August 24, 2015 | By Matthew M. Ries | Business & Employment
A July ruling by the U.S. Equal Employment Opportunity Commission in a case alleging discrimination based on sexual orientation will require employers to take a fresh look at their hiring practices and policies. Following the Supreme Court's 2013 ruling that…
U.S. Supreme Court’s Gay Marriage Decision Impacts Ohio Employers
- June 26, 2015 | By Martin J. Boetcher | Business & Employment
On Friday, June 26, 2015, the U.S. Supreme Court decided the case of Obergefell, et al. v. Hodges, Director, Ohio Dept. of Health, and held that laws, including Ohio's, which exclude same sex couples from civil marriage on the same…
New Union Election Rules Force Employers to be More Proactive
- April 20, 2015 | By Patrick K. Wilson | Business & Employment
In December we saw the National Labor Relations Board continue its union-friendly pattern. The NLRB ruled in a case entitled “Purple Communications, Inc.” that employees may utilize their work e‑mails for organizing campaigns. More importantly, the Board announced several revisions…
Failure to Preserve Evidence Can Invite Harsh Consequences
- March 30, 2015 | By John T. Dellick | Litigation
One of the fastest developing and most troubling areas of litigation is “spoliation,” the failure to preserve necessary evidence. While state laws on the topic vary, they all generally require that, once litigation is anticipated, evidence that is reasonably relevant…
Take Caution When Severing Ownership of Land & Mineral Rights
- March 16, 2015 | By Thomas G. Carey | Oil & Gas
Landowners these days are increasingly involved in transactions with severed mineral rights. A seller may wish to transfer ownership to a piece of land but retain the rights to future oil and gas development on that land. Sloppy language in…