Author Info for Frantz Ward LLP

Elena Barone

Proposed Senate Bill 86 Seeks to Regulate Hemp Beverages and Intoxicating Hemp Products Differently

Ohio lawmakers are moving to tighten hemp regulations following Governor Mike DeWine’s call to “regulate intoxicating hemp” and close legal gaps that may allow the marketing and sale of hemp products to minors. Senators Shane…more

Cannabis Products, Compliance, Controlled Substances Act, Dispensaries, Excise Tax

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Megan Bennett

Updates at the EEOC Under the Trump Administration

Shortly after taking office, President Trump made several changes to the Equal Employment Opportunity Commission (EEOC). First, President Trump terminated the EEOC’s previous General Counsel, Karla Gilbride, and appointed Andrew…more

Anti-Discrimination Policies, Biden Administration, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Gender Identity

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Kelly Bokoch

District Court of South Carolina Slams the Brakes on Broker Liability

In a negligence action brought against transportation broker, Echo Global Logistics, Inc. (“Echo”), the District Court for the District of South Carolina held that Congress expressly preempted state laws related to brokers’…more

Federal Aviation Administration Authorization Act of 1994 (FAAAA), Liability, Motor Carriers, Negligence, Negligent Hiring

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Michael Chesney

EEOC and DOJ Issue Joint Guidance Regarding DEI-Related Discrimination in the Workplace

On March 19th, the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued a joint technical assistance document titled: “What to Do if You Experience Discrimination Related to DEI at Work.” The…more

Civil Rights Act, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employee Rights

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Gina Ciani

How Much Can You Gift Without Paying Tax? The IRS Announces Increased Limits

As we approach the season of giving, there is even more incentive to give assets to loved ones during your lifetime, beyond the sheer joy of watching them enjoy your generosity. The IRS has announced an increase in the amount…more

Estate-Tax Exemption, Gift-Tax Exemption, Gifts, IRS

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Andrew Cleves

The NLRB at It Again: The Importance of Ensuring You Have Updated Employment Policies

Recently, the National Labor Relations Board (“NLRB”) announced a settlement it “secured” which required a company to rescind certain work rules and pay two discharged employees $297,000. Of note, the workers were not discharged…more

Dispute Resolution, Employee Handbooks, Employees, Employer Liability Issues, Employment Policies

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Gregory Farkas

Just What I Wanted for the Holidays: Changes to the Federal Rules of Evidence

There is an adage that lawyers learn the version of the rules of evidence and procedure that are current when they are in law school and then do not look at them again. While that is (hopefully) an exaggeration, it is always…more

Evidence, Expert Testimony, Federal Rules of Evidence, Litigation Strategies, Witnesses

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Michael Frantz

New NLRB Ruling in T-Mobile, Inc. Takes Aim at Employee Action Committees

Employers often rely on employee committees to enhance employee engagement and gain valuable insight regarding areas of group concern, but a new NLRB ruling in T-Mobile, Inc. teaches employers that if they are not managed…more

Employees, Employer Responsibilities, NLRA, NLRB, Unions

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Michael Frantz, Jr.

Cleveland City Council passes the Wage Theft and Payroll Fraud Prevention Ordinance

Reposted from the Labor & Employment Law Navigator Blog - On Monday December 5, 2022, Cleveland City Council passed the Wage Theft and Payroll Fraud Prevention Ordinance (the “Ordinance”) – which prohibits the City of Cleveland…more

Fraud, Independent Contractors, Local Ordinance, Subcontractors, Wage and Hour

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Josh Friedman

Ohio Supreme Court Hits the Gas on “Direct Causation” Analysis in Temporary Total Disability in AutoZone

If an employee is unable to work or suffers a wage loss as the direct result of an impairment arising from an injury or occupational disease, the employee is entitled to receive compensation under this section, provided the…more

Abandonment, AutoZone, Disability Benefits, Employees, Employment Litigation

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Mia Garcia

Cannabis Litigation: Using Contractual Provisions to Avoid an Illegality Defense

Concerns remain over the enforceability of cannabis contracts as recent cases highlight the conflict between state-sanctioned operations and federal illegality. In both state and federal courts, judges have anchored to the…more

Breach of Contract, Cannabis Products, Cannabis-Related Businesses (CRBs), Choice-of-Law, Contract Disputes

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Andrew Hanna

OSHA’s New PPE Rule: Ensuring Proper Fit for Construction Workers

On December 11, 2024, the U.S. Occupational Safety and Health Administration (OSHA) updated its construction rule to include a requirement that construction employers provide properly fitting safety gear to its workers by…more

Construction Industry, Construction Workers, Employer Responsibilities, OSHA, Personal Protective Equipment

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Thomas Haren

Proposed Senate Bill 86 Seeks to Regulate Hemp Beverages and Intoxicating Hemp Products Differently

Ohio lawmakers are moving to tighten hemp regulations following Governor Mike DeWine’s call to “regulate intoxicating hemp” and close legal gaps that may allow the marketing and sale of hemp products to minors. Senators Shane…more

Cannabis Products, Compliance, Controlled Substances Act, Dispensaries, Excise Tax

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Lauri Hartmann

District Court of South Carolina Slams the Brakes on Broker Liability

In a negligence action brought against transportation broker, Echo Global Logistics, Inc. (“Echo”), the District Court for the District of South Carolina held that Congress expressly preempted state laws related to brokers’…more

Federal Aviation Administration Authorization Act of 1994 (FAAAA), Liability, Motor Carriers, Negligence, Negligent Hiring

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Joel Hlavaty

Trump Attempts to Eliminate Disparate Impact Theory via Recent Executive Order

The disparate impact theory has long been used to argue that an employer’s facially neutral policy has a detrimental effect on a protected class of individuals. An often cited example is the use of an arrest to reject an…more

Constitutional Challenges, Disparate Impact, Employment Discrimination, Employment Litigation, Equal Employment Opportunity Commission (EEOC)

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Richard Humiston

Secure 2.0’s Retirement Savings Improvements in 2024 and Beyond

In 2022, we took an early look at the Secure 2.0 Act as the draft legislation worked its way through Congress and analyzed the potential impacts that the final bill might have on retirement savings. Secure 2.0 was eventually…more

401k, 403(b) Plans, Benefit Plan Sponsors, Employee Benefits, Employer Contributions

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Keenan Jones

Cannabis Litigation: Using Contractual Provisions to Avoid an Illegality Defense

Concerns remain over the enforceability of cannabis contracts as recent cases highlight the conflict between state-sanctioned operations and federal illegality. In both state and federal courts, judges have anchored to the…more

Breach of Contract, Cannabis Products, Cannabis-Related Businesses (CRBs), Choice-of-Law, Contract Disputes

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Melissa Jones

Unjust Enrichment: The Subcontractor’s Claim Against the Owner When the General Contractor is “Unavailable for Judgment”

The Company, Inc. v. Capstone Constr. Co., 2023-Ohio-3882 (8th Dist.) -Non-payment: the dreaded issue all subcontractors face. Tools, such as payment bond, prompt pay and mechanic’s lien rights and claims, can help secure…more

Construction Industry, General Contractors, Mechanics Lien, Subcontractors, Unjust Enrichment

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Brian Kelly

EEOC Protections for Pregnant Workers Facing Legal Challenges

A federal appeals court on February 20, 2025, cleared the path for a lawsuit seeking to block Equal Employment Opportunity Commission (EEOC) protections for pregnant workers. The U.S. Court of Appeals for the Eighth Circuit…more

Employee Rights, Employment Discrimination, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Pregnancy

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Ciaran Kelly

Who Owns it Anyway? The Uncommon Issues Unique to Mechanic’s Liens For Common Elements of a Condominium

Contractors, subcontractors, laborers, and material suppliers who perform work or labor upon or furnish materials in furtherance of any improvement undertaken by virtue of a contract with an owner, part owner, or lessee have…more

Condominiums, Construction Contracts, Construction Industry, Construction Project, Contract Terms

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Ben Kerns

City of Cleveland’s New Ordinance Requires Salary Range Posting and Bans Pay History Inquiries

Cleveland City Council unanimously approved legislation on April 28, 2025, requiring private employers in the City of Cleveland to include salary ranges in job postings and prohibit inquiries into a jobseeker’s pay history…more

Employer Responsibilities, Employment Policies, Equal Pay, Job Applicants, Local Ordinance

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Christopher Koehler

New Ohio Appellate Decision Endorses Voiding – Rather Than “Blue Penciling” – Overbroad Non-Compete Restrictions

Ohio employers with plans to enforce non-compete agreements may have to think again in light of a recent Ohio Appellate Court decision. In Kross Acquisition Co. v. Groundworks Ohio, 2024-Ohio-592, the Court of Appeals upheld a…more

Employment Contract, Non-Compete Agreements, Non-Solicitation Agreements, Restrictive Covenants

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John Kostelnik

Corporate Officer Beware: Delaware Court of Chancery Says You Owe Caremark Duties

On January 25, 2023, the Delaware Court of Chancery submitted its opinion in In re McDonald’s Corporation Stockholder Derivative Litigation, No. 2021-0324-JTL, 2023 WL 387292 (Del. Ch. Jan. 25, 2023), holding for the first time…more

Board of Directors, Corporate Officers, Delaware, Duty of Oversight

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Hans Larsen

FinCEN Exempts U.S. Companies and Persons from BOI Reporting Requirements

On March 21, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule which exempts United States’ companies and persons from beneficial ownership information (BOI) reporting requirements pursuant to the…more

Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act, Filing Requirements

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Meghan Lewallen

Service of Process by E-Mail and Other Alternative Methods Authorized Under Federal Law

Federal courts have authorized alternative service of process, including service by e-mail, where a defendant has evaded service and the proposed alternative method is reasonably calculated to provide notice of the action and an…more

Electronic Communications, Email, Rules of Civil Procedure, Service of Process, Social Media

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Angela Lydon

District Court of South Carolina Slams the Brakes on Broker Liability

In a negligence action brought against transportation broker, Echo Global Logistics, Inc. (“Echo”), the District Court for the District of South Carolina held that Congress expressly preempted state laws related to brokers’…more

Federal Aviation Administration Authorization Act of 1994 (FAAAA), Liability, Motor Carriers, Negligence, Negligent Hiring

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Karl May

First Attempt to Use the Supreme Court's Jarkesy Decision to Limit the Ability of FINRA to Assess Monetary Sanctions in Disciplinary Proceedings Fails

In our post at the end of June of this year we analyzed the Supreme Court’s decision in SEC v Jarkesy, which held that the right to trial by jury in an Article III Court contained in the Seventh Amendment to the Constitution…more

Administrative Authority, Administrative Proceedings, Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Fourteenth Amendment

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Katherine Mclaughlin

OFCCP Leak Prompts Federal Contractors to Review DEI Policies

A leaked internal email from the newly-appointed Director of the Office of Federal Contract Compliance Programs (OFCCP) indicated that it may review information previously submitted by federal contractors during OFCCP audits to…more

Affirmative Action, Anti-Discrimination Policies, Biden Administration, Diversity and Inclusion Standards (D&I), Employment Discrimination

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Maris McNamara

Changes to Medicare Reporting Requirements for Workers’ Compensation Settlements

Federal law requires employers to consider Medicare’s potential interests when settling a workers’ compensation claim with a Medicare beneficiary. The foregoing generally involves the use of a Workers’ Compensation Medical…more

Employer Liability Issues, False Claims Act (FCA), Medicare, New Regulations, Regulatory Requirements

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Margaret Metzinger

Postnuptial Agreements Are Now Allowed in Ohio

Effective March 23, 2023, post-nuptial agreements will be legally valid and enforceable in the State of Ohio. Up until now, Ohio was one of only a couple of states which did not permit a postnuptial agreement. The change in…more

Marital Assets, Marriage, Prenuptial Agreements, Spouses

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James Niehaus

Trade Secrets - Ohio

1. What is the statutory authority for trade secret protection in your state? In 1994, Ohio adopted the Uniform Trade Secrets Act (“OUTSA”), Ohio R.C. § 1333.61, et seq. The OUTSA provides for various remedies to protect trade…more

Confidential Information, Employment Contract, Inevitable Disclosure Doctrine, Intellectual Property Protection, Proprietary Information

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Christina Niro

EEOC Continues Its Focus on Construction Employers with New Anti-Harassment Guidance Directed Specifically at the Industry

The Equal Employment Opportunity Commission’s (“EEOC”) focus on harassment in the workplace – and construction employers specifically – is no secret. The EEOC’s Strategic Enforcement Plan (“SEP”) for 2024-2028 specifically…more

Anti-Harassment Policies, Construction Industry, Enforcement Priorities, Equal Employment Opportunity Commission (EEOC), Harassment

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Jenifer Novak

Who Decides? The Juror Rule Showdown in Ohio Courts

The right to a trial by jury in Ohio is one of the most fundamental rights in our judicial system. In civil cases, the Ohio Constitution requires concurrence of no less than three-fourths of the jury. Ohio Const., art. I §5…more

Breach of Duty, Juror, Jury Trial, Negligence, OH Supreme Court

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Michael Nunnari, Jr.

The Impact of Ohio’s Legalization of Recreational Marijuana on the BWC’s Drug-Free Safety Program

Frantz Ward’s Labor & Employment Group has previously written about the Ohio Bureau of Workers’ Compensation’s treatment of marijuana in its Drug-Free Safety Program (DFSP) following the legalization of medical marijuana in…more

Drug Testing, Hiring & Firing, Marijuana, Medical Marijuana, Recreational Use

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Allison Reich

Ohio Ninth District Tees Up a Third Opportunity for the Ohio Supreme Court to Decide Whether an Oral Hearing is Mandatory on Motion to Compel Arbitration

Recently, in Snyder v. Old World Classics, LLC, 2023-Ohio-4019, Ohio’s Ninth District Court held that any motion to compel arbitration under Ohio Revised Code 2711.03 requires an oral hearing. This is contrary to opposing…more

Arbitration, Construction Contracts, Motion to Compel, OH Supreme Court, Oral Hearings

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Mark Rodio

Ohio Changes Law Applicable to Home Improvement Disputes Greater than $25,000

Recently, the Ohio Legislature changed a 12-year-old law applicable to home construction services. The original version only applied to contracts for new construction (or ancillary construction to the new construction, like a…more

Construction Contracts, Construction Project, Contractors, Homeowners, Residential Property Owners

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Marc Sanchez

Are Changes Coming to EDGE in Ohio?

On June 29, 2023, the United States Supreme Court issued its historic decision in Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023). This decision upended decades of precedent and held that race-conscious (affirmative…more

Business Development, Constitutional Challenges, Discrimination, Diversity, Equal Protection

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Stacey Sanderson

OSHA’s New PPE Rule: Ensuring Proper Fit for Construction Workers

On December 11, 2024, the U.S. Occupational Safety and Health Administration (OSHA) updated its construction rule to include a requirement that construction employers provide properly fitting safety gear to its workers by…more

Construction Industry, Construction Workers, Employer Responsibilities, OSHA, Personal Protective Equipment

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Jonathan Scandling

City of Cleveland’s New Ordinance Requires Salary Range Posting and Bans Pay History Inquiries

Cleveland City Council unanimously approved legislation on April 28, 2025, requiring private employers in the City of Cleveland to include salary ranges in job postings and prohibit inquiries into a jobseeker’s pay history…more

Employer Responsibilities, Employment Policies, Equal Pay, Job Applicants, Local Ordinance

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Douglas Schnee

Federal Trade Commission Moves to Ban Non-Compete Agreements

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a rule banning provisions in employment agreements which prevent employees and independent contractors, for a period of time, from working for a competitor or…more

Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Matthew Selby

District Court of South Carolina Slams the Brakes on Broker Liability

In a negligence action brought against transportation broker, Echo Global Logistics, Inc. (“Echo”), the District Court for the District of South Carolina held that Congress expressly preempted state laws related to brokers’…more

Federal Aviation Administration Authorization Act of 1994 (FAAAA), Liability, Motor Carriers, Negligence, Negligent Hiring

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Lindsey Siegler

Ohio Federal Court Preliminarily Approves $20 Million Settlement for Kroger Wage and Hour Lawsuit

On February 20, 2025, Judge Jeffrey P. Hopkins of the U.S. District Court for the Southern District of Ohio entered an order preliminarily approving a $20.8 million settlement in a collective and class action lawsuit by Kroger…more

Class Action, Employee Benefits, Employee Rights, Employment Litigation, Fair Labor Standards Act (FLSA)

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Michael Smith

Episode 18 | Unpacking the Packing: A Perspective on the Efforts to Expand the Supreme Court

Controversy regarding the claimed increased partisanship of the U.S. Supreme Court and efforts to change the Court's makeup by expanding its numbers continues to be in the headlines. So Shoveling Smoke thought it would be…more

Article III, Biden Administration, Constitutional Challenges, Judicial Authority, Legislative Agendas

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Ryan Smith

EEOC Identifies Strategic Enforcement Issues for Next Five Years

Last week the EEOC issued its Strategic Enforcement Plan Fiscal Years 2024 - 2028 (FYI 2024-2028). According to the Agency, the plan “establishes the EEOC’s subject matter priorities to achieve its mission of preventing and…more

Employer Liability Issues, Employer Responsibilities, Employment Discrimination, Enforcement, Equal Employment Opportunity Commission (EEOC)

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Olivia Southam

Sixth Circuit Revives an Equitable Claim for Disgorgement Under ERISA Where an Insurer Obtained Reimbursement is Not Set Forth in the Plan

In Patterson v. United Healthcare Insurance Company, 76 F.4th 487 (6th Cir. 2023), the Sixth Circuit held that the plaintiff insured had stated an equitable claim for disgorgement under ERISA where he sought disgorgement of…more

Disgorgement, Employee Retirement Income Security Act (ERISA), ERISA Litigation, Insurance Industry, Reimbursements

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Mark Stockman

Engineering, Procurement, and Construction (EPC) Contracting: An Enhanced Design-Build Model for Industrial Projects

Most of us involved in the construction industry are familiar with the Design-Build model of project delivery, and how it differs from the “standard” Design-Bid-Build model. But increasingly certain industries are embracing a…more

Construction Contracts, Construction Industry, Construction Project, Contractors, EPC Contractor

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Naomi Tellez

North Carolina Medical Marijuana Bill Advances Through State Senate, Moves to the House of Representatives for Consideration

The cannabis industry shows no sign of slowing down as state lawmakers continue the push to legalize medical marijuana across the country. As February draws to a close, eight states are grappling with bills to create medical…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Marijuana, Marijuana Cultivation, Marijuana Related Businesses

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Jordan Weeks

Oral Contract and Invalid Lien Spell Trouble for Contractor

Speedy Maintenance, LLC v. Windsor Tower, LLC, 2024-Ohio-5841 (2d Dist.) is a recent case concerning a dispute over repairs to a parking garage where Ohio’s Second District Court of Appeals confronted issues…more

Appeals, Breach of Contract, Construction Contracts, Construction Disputes, Construction Litigation

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Susan White

Examining the Impact of Anti-DEI Executive Orders on Anti-Bias Clauses

Over the past few years, there’s been a steady rise in the inclusion of anti-bias clauses in construction contracts with the clauses appearing either in the base subcontract agreement or as a flow-down provision from the prime…more

Anti-Discrimination Policies, Breach of Contract, Construction Contracts, Construction Industry, Construction Litigation

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