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2700 Kettering Tower (27th floor)

40 N. Main Street

Dayton, Ohio 45423

phone (937) 223-1130

fax (937) 223-0339

hours 8:15 am to 5:30 pm

email pse@pselaw.com

The Right to Yelp!

April 27, 2017

With the growth of social media and online reviewing sites, it is not a surprise that many businesses benefit greatly from online ratings and reviews that are positive, glowing, and render “five stars.” However, even one bad review could be injurious to the reputation of a business, and an extremely negative review could be detrimental. Because their reputations are on the line, many businesses seek to monitor and limit the reviews their customers may post by placing a clause in their form contracts to prohibit consumers from posting negative reviews. Until recently, there was no federal law or restriction on these clauses, even though they impose penalties and fines on customers who post bad reviews, regardless of whether the review is true or not. However, the recent passage of the Consumer Review Fairness Act of 2016 (CRFA) online reviewingwill greatly hinder a business’s ability to monitor and limit reviews after its enactment in March of 2017.

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Washington Township Firefighters Association Donation

April 20, 2017

7th Circuit Rules that Sexual Orientation Discrimination is Prohibited Under Title VII

April 6, 2017

In a reversal of previous holdings on whether sexual orientation is encompassed by the prohibition against sex discrimination in Title VII of the Civil Rights Act of 1964, the Seventh Circuit Federal Court of Appeals has held in an 8-3 decision that “a person who alleges that she experienced employment discrimination on the basis of her sexual orientation has put forth a case of sex discrimination for Title VII purposes.” Hively v. Ivy Tech, No. 15-720 (7th Cir. 2017).

With this ruling, the Seventh Circuit is the first U.S. Court of Appeals to allow a sexual orientation type of sex discrimination case to go forward, on the basis of the Plaintiff’s claim that she was passed over for a full time position, and not kept in her part time position allegedly because shSexual Orientatione is openly lesbian and therefore, was discriminated against on the basis of her sexual orientation.  This creates a sharp split in the U.S. Circuits on whether Congress intended to include sexual orientation in the definition of sex discrimination under the Civil Right Act, strongly indicating that this issue will eventually be decided by the U.S. Supreme Court.

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Ohio Small Business Deduction – TAKE IT!

April 3, 2017

For 2016, each individual small business owner filing single or married filing jointly is eligible for a “small business” income tax deduction (SBD) against their state income tax liability equal to 100% of the first $250,000 of business income the owner receives or is allocated from a sole proprietorship or pass-through entity (“PTE”). Married filing separate taxpayers will be able to deduct 100% of business income in 2016 but only up to $125,000. Any remaining business income above these threshold amounts is taxed at a flat 3% rate.Tax Deductions

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BREAKING NEWS: Congress Nullifies Department of Labor (DOL) Final Rule Regarding Employer Injury Reporting

March 23, 2017

Congress approved a Joint Resolution nullifying the Department of Labor’s Final Rule published on December 19, 2016 entitled “Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness.” Department of LaborPreviously, the Rule had imposed greater recording and recordkeeping requirements upon employers with respect to Occupational Injuries, and imposed penalties on employers for each day that their recordkeeping remained inaccurate, with a long statute of limitations of five years.  The prior Rule had been contrary to the D.C. Circuit’s 2012 decision in AKM LLC v. Secretary of Labor, which limited the employer’s liability to a strict 6 month statute of limitations for continuing recording and recordkeeping violations.  In doing so, the Court relied upon the language of Section 9 of the OSH Act, which states, “No citation may be issued under this section after the expiration of six months following the occurrence of any violation.”   Today’s Resolution effectively reinstates this court decision by nullifying the Final Rule which had taken effect on January 18, 2017.  If you have any questions regarding this ruling please contact kcurry@pselaw.com or call 937-223-1130.

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