An informational seminar and panel discussion regarding “Securing your business networks and protecting against Ransomware”

Cyber security and Ransomware are on the minds of many area companies these days. Find out how to protect your business and what to do in the event of a breach.

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When:          Friday, August 11, 2017, 8:30 a.m. – 11:30 a.m.

Location:      North Point Tower, Lower Level, Executive Conference Room, Cleveland, OH

AGENDA

8:30 a.m.   Registration, Networking and Continental Breakfast

9:00 a.m.   Update from Cleveland FBI

10:00 a.m.   Panel discussion featuring Michael McCartney from the computer network industry, John FitzGerald from the insurance industry and Attorney Edward Patton from Mansour Gavin’s Corporate and Business Services Group

11:00 a.m.   Q&A/Conclusion

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Anyone concerned with what companies need to watch for in order to protect their information systems should attend. We look forward to seeing you there!

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Register: By Friday August 4, 2017 by contacting Diane Barna at dbarna@mggmlpa.com or 216-523-1500. There is no fee to attend this program.

Parking: Parking at the North Point Garage (entrance on E. 9^th Street) will be validated. Please bring your ticket to the program.

If you have further questions, please contact Miles Welo in our Corporate and Business Services and Estate Planning and Probate Group.

 Brendon Friesen will be a member of the speaking faculty at the National Business Institute’s Manufacturing Law seminar on June 26 at the CMBA Conference Center. The day-long seminar will address the complex legalities of the manufacturing law industry, serving as a comprehensive legal, practical, and tax compliance guide for attorneys, accountants, manufacturing owners/operators/managers, and paralegals. Friesen was asked to participate because of his extensive knowledge of and experience with the complexities of intellectual property and will address patents, trade secrets, trademarks and copyrights, international registrations/disputes, licensing, and more. Please click here for more information.

Mansour Gavin LPA celebrated National Ugly Christmas Sweater Day on Friday, December 16th with what else – an ugly Christmas sweater contest, of course!  From glitter to lights to sequins, our finest holiday apparel was on display.  While all participants looked fantastic, we crowned our billing department supervisor, Ann Frederick, as the winner.  A second place tie was awarded to paralegal Michele Kerling and billing department clerk Bojana Bebic.  Thanks to everyone who joined in on the fun, and we hope your holidays are just as festive as our sweaters!

A Federal District Court Judge in Texas issued a nationwide injunction blocking the roll out of the new overtime rule that was to become effective next week on December 1, 2016.  This injunction effectively puts the implementation of the new salary test for overtime on hold unless the Federal Court of Appeals overturns the injunction.

Background

Many of you remember that President Barack Obama directed the Department of Labor to modernize long existing overtime rules that applied to employees that were exempt under overtime law because they were classified as executive, administrative or professional employees (with some other special exemptions).  In response, the Department of Labor issued a new rule which raised the minimum salary level for exempt employees from $455 per week ($23,660 annually) to $921 per week ($47,892 annually) with an automatic adjustment that would go into effect in 2020.  The rule had the effect of immediately moving many employees that would otherwise have met one of the exempt classifications into a non-exempt status because of the salary test and would have required the payment of overtime for any hours worked over 40 in a work week for employees not meeting the new salary level regardless of classification.  The rule was set to become effective December 1, 2016.

The Plano Texas Chamber of Commerce and several other business organizations filed suit against the Department of Labor.  This suit was joined with another lawsuit filed by over 20 states challenging the authority of the Department of Labor to issue the new rule.

Court’s Decision

The U.S. District Court Judge, Judge Amos L. Mazzant, concluded that the Department of Labor overstepped its authority by issuing a de facto salary level test and an automatic inflation rider, which effectively supplanted the duties test established by Congress; specifically, Congress did not intend to categorically exclude an employee with executive, administrative or professional duties from the exemption.  Further the Court specifically enjoined the final rule on a nationwide basis, thus effectively blocking implementation of the rule even in states that were not part of the lawsuit. (See decision)

What does this mean?

The proposed increase of the salary threshold was certainly unpopular with a number of businesses, nonprofit organizations, business groups and other political groups.  With the new administration taking over in January, it’s unclear whether President-Elect Trump’s Administration will choose to support the Department of Labor’s position if the Department of Labor chooses to appeal the injunctive order.  Even if the order is appealed, it’s unclear how quickly a Federal Court of Appeals will hear the case.  Traditionally, appeals take months, if not longer, to work their way through the appeal process.

Ironically, many businesses took steps to plan for the implementation of the new overtime rule by raising salaries of those that would otherwise be classified as exempt.  More importantly, however, come December 1, 2016, the old rules will remain in effect and employees who are otherwise classified as exempt and paid on a salary basis will not be entitled to overtime if their salary exceeds $23,660 annually.

Stay tuned, we don’t think this is over yet…

For more information on this and other matters, please contact Mansour Gavin’s Labor and Employment Practice Group.

Legal Disclaimer

The information contained on this web site and any linked resource is intended to provide general information and does not constitute legal advice. The content is not guaranteed to be correct, complete, or up-to-date. This web site is not intended to create an attorney-client relationship between you and Mansour Gavin LPA or any of its associates, and you should not act or rely on any information in this web site without seeking the advice of an attorney.

The United States Department of Labor has issued new versions of its Fair Labor Standards Act (Federal Minimum Wage) and Employee Polygraph Protection Act posters. As of August 1, 2016, covered employers must display the revised versions of the posters. The new posters may be downloaded from the links below. The Department of Labor expects to make print copies available for order soon.

For the Fair Labor Standards Act (Federal Minimum Wage) downloadable poster click here.  For the Employee Polygraph Protection Act downloadable poster click here.

For more information regarding these postings or other employment posting requirements, please contact Mansour Gavin’s Labor and Employment Practice Group.

LEGAL DISCLAIMER

The information contained on this web site and any linked resource is intended to provide general information and does not constitute legal advice. The content is not guaranteed to be correct, complete, or up-to-date. This web site is not intended to create an attorney-client relationship between you and Mansour Gavin LPA or any of its associates, and you should not act or rely on any information in this web site without seeking the advice of an attorney.

Ohio has joined 15 other states that permit the creation of family trust companies with its recent enactment of the Ohio Family Trust Company Act (“OFTCA”). Ohio Family Trust Companies (“OFTCs”) are highly effective tools for families of significant wealth to preserve their assets from federal income, gift, estate and generation-skipping tax consequences. OFCTs allow for family involvement in decision-making and control over the investment assets. They also serve as a vehicle for younger generations to become educated about the family’s assets and trained in governance issues.

Prior to the OFTCA, families interested in setting up a family trust company had to look outside the state of Ohio. Now that the OFTCA is in effect, a win-win situation exists for Ohio families and the state of Ohio. The OFTCA secured a home-court advantage for families by eliminating travel and set up costs families once had to incur from operating out-of-state family trust companies. Since there is no requirement to live in the state where the family trust company is established, Ohio has an opportunity to attract families from other states to bring their business and investments into Ohio.

Generally, there are two varieties of OFTCs; licensed and unlicensed. A licensed OFTC permits services to a broad range of clients but must abide by capital, insurance, pledge and nexus requirements. An unlicensed OFTC limits services to only family members but offers notable advantages, such as not being subject to banking regulations and no requirement to register with the SEC as a Registered Investment Advisor. The only obligation an unlicensed OFTC has is the annual submission of an affidavit to the Department of Financial Institutions confirming compliance with statutory limitations.

Families with significant wealth and succession concerns should carefully consider the advantages of OFCTs under the new law. This looks to be a game changer!

If you have any questions about the new OFTC legislation, please contact Mansour Gavin’s Estate Planning Group.

LEGAL DISCLAIMER

The information contained on this web site and any linked resource is intended to provide general information and does not constitute legal advice. The content is not guaranteed to be correct, complete, or up-to-date. This web site is not intended to create an attorney-client relationship between you and Mansour Gavin LPA or any of its associates, and you should not act or rely on any information in this web site without seeking the advice of an attorney.

Most employers probably wouldn’t consider themselves to be “lucky” enough to be cited by OSHA in early 2016, but if they were, it was a lot less expensive than it will be later this summer.  Effective August 1, 2016, the Federal Civil Penalties Inflation Adjustment Act of 2015 requires federal agencies, including OSHA, to make a one-time adjustment of civil penalties to equalize with inflation – the first such adjustment since 1990.  Much like the DOL will do with overtime salary thresholds under the FLSA, the Act also requires the impacted agencies to annually increase penalties for inflation.

The penalties have increased as follows:

Serious, Other-than-Serious, and Failure to Post Violations
Current Maximum Penalty:  $7,000 /violation
New Maximum Penalty:  $12,471/violation

Failure to Abate
Current Maximum Penalty:  $7,000/day beyond the abatement date
New Maximum Penalty:  $12,471/day beyond the abatement date

Willful or Repeated Violations
Current Maximum Penalty:  $70,000/violation
New Maximum Penalty:  $124,709/violation

States that operate their own occupational safety and health programs are required to adopt maximum penalties that are at least as effective as the federal penalties.

Mansour Gavin LPA is serving as a presenting sponsor of John Owen’s Adventure, Inc.’s annual “Picnic in the Park,” which will be held this Saturday, July 9th from 4-10 p.m. at German Central Park, 7863 York Road, Parma Ohio 44130.   Details of the event, which benefits Duchenne’s Muscular Dystrophy, are provided here.