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Northwest OH Legal Blog

Tuesday, February 21, 2017

I filed a Workers’ Compensation Claim, But Can I Sue My Employer?


Often, an injured worker will wonder if they are able to sue their employer for their workplace injury because they feel it is responsible. This blog post is limited this issue. Workers’ Compensation laws do not affect an employee’s ability to sue for discrimination, harassment, non-payment of wages, etc.

Unfortunately, there are very limited circumstances in which an injured can sue an employer for his or her injury, leaving Workers’ Compensation as the only way to receive benefits. While this may not seem fair, keeping workplace injuries out of the Courts benefits the injured workers as well.
Read more . . .


Tuesday, February 14, 2017

Seventh Circuit Court of Appeals Rules That Decertification of Union Does Not End Employer Contribution Obligations to Multiemployer Funds


The Seventh Circuit Court of appeals has ruled that an employer is still obligated to contribute to benefit funds for the life of the CBA even though the employees decertified the union.  The case is Midwest Operating Engineers Welfare Fund et al. v. Cleveland Quarry et al., Case Nos.
Read more . . .


Friday, February 10, 2017

Federal Assault on Worker’s Rights


            Last week Republican lawmaker in Washington D.C. introduced two different pieces of legislation aimed at weakening a union’s ability to protect its members.  The first piece of legislation seeks to repeal the Davis-Bacon Act.  The Davis-Bacon act requires contractors to pay “prevailing wage” on all federally funded public works projects.
Read more . . .


Monday, February 6, 2017

Lawsuits Filed against Generic Pharmaceutical Companies for Price-Fixing


On December 15, 2016, the attorneys general in 20 states filed an antitrust lawsuit against six generic drug makers.  The lawsuit alleges that the six named companies— Mylan, Teva Pharmaceuticals, Citron Pharma, Heritage Pharmaceuticals, Mayne Pharmaceuticals, and Aurobindo Pharmaceuticals—participated in a scheme to artificially inflate the prices of generic drugs, including an antibiotic drug and a diabetes drug.

The antitrust lawsuit parallels an ongoing federal investigation into price-fixing in the generic drug sector and follows a lawsuit filed on December 14, 2016 in the United States District Court for the Southern District of New York by 1199SEIU National Benefit Fund against two generic drug companies Lannett Company, Inc. (“Lannett”) and Mylan Pharmaceuticals, Inc. (“Mylan”).
Read more . . .


Tuesday, January 24, 2017

ASK YOUR PLAN’S AUDITORS WHEN THEY WERE LAST AUDITED


          We are all acutely aware that defined benefit plans, defined contribution plans and health and welfare plans are extremely complex and that they are becoming even thorny  with tighter regulations, more United States Department of Labor (DOL) and Internal Revenue Service (IRS) investigations, changes proposed by the Pension Benefit Guaranty Corporation and the intricacies of the Affordable Care Act.  One function that plan fiduciaries perform in order to keep track of the transactions and reporting activities of their retirement plans is the annual audit.  Contributing employers may be subjected to payroll audits by multiemployer plan sponsors.  But all employee benefit plans (EBPs) are required by the Employee Retirement Income Security Act of 1974 (ERISA) to have its financial statements independently audited if there are 100 or more plan participants.  This requirement is one of the elements that an EBP sponsor must fulfill as part of their obligation for file a Form 5500 with the IRS.
Read more . . .


Thursday, January 19, 2017

New Law: Firefighters Who Contract Cancer on the Job Will Have Easier Time Collecting Workers’ Compensation


On January 4, 2017, Ohio Governor John Kasich signed Senate Bill 27, known as the Michael Louis Palumbo, Jr. Act into law. The bill creates a presumption that Firefighters contract cancer on the job when exposed to certain cancer-causing agents. This presumption applies to firefighters who apply for benefits from the Ohio Police and Fire Pension Fund and the Workers’ Compensation Fund. This post will concern how the new law will affect Workers’ Compensation benefits.
Read more . . .


Friday, January 13, 2017

Internal Revenue Service Issues 2017 Cost-of-Living Adjustments for Retirement Plan Limits


On October 21, 2016, the Internal Revenue Service (“IRS”) announced cost-of-living adjustments to dollar limitations for items affecting tax-qualified retirement plans under the Internal Revenue Code (“Code”) in 2017.  The announcement includes the following highlights for 2017:

  • The elective deferral (contribution) limit for employees who participate in Code Section 401(k), 403(b), most 457 plans, and the federal government’s thrift savings plan remains unchanged from the limit in 2016, $18,000.
  • The catch-up contribution limit for the above-listed plans for employees aged 50 and over also remains unchanged from the limit in 2016, $6,000.
  • The annual benefit limitation for defined benefit plans under Code Section 415(b)(1)(A) increased by $5,000, from $210,000 in 2016 to $215,000 in 2017.
  • The annual addition limit for defined contribution plans under Code Section 415(c)(1)(A) increased by $1,000, from $53,000 in 2016 to $54,000 in 2017.
    Read more . . .


Wednesday, January 11, 2017

IRS Extends Distribution (Not Filing) Deadline For ACA Reporting And Continues Good Faith Standard


The IRS has announced an extension to the distribution (but not the filing) deadline for the Affordable Care Act (ACA) reporting requirements set forth in Sections 6055 and 6056 of the Internal Revenue Code (the "Code"). This was announcement was made through Notice 2016-70.

Under Code Section 6055, health coverage providers are required to file with the IRS, and distribute to covered individuals, forms showing the months in which the individuals were covered by "minimum essential coverage." Under Code Section 6056, applicable large employers (ALEs), which general are those with 50 or more full-time employees and equivalents, are required to file with the IRS, and distribute to employees, forms containing detailed information regarding offers of, and enrollment in, health coverage. In most cases, employers and coverage providers will use Forms 1094-B and 1095-B and/or Forms 1094-C and 1095-C.
Read more . . .


Tuesday, December 20, 2016

What Injured Workers Need to Know About the Calculation of Their Workers’ Compensation Payments


The Ohio Bureau of Workers’ Compensation (BWC) compensates Ohio workers who are hurt on the job in two ways. First, it pays for approved medical treatment related to a workplace injury. Second, it provides different forms of indemnity payments, which are generally meant to provide financial support to injured workers who are unable to work because of their injury.

Unfortunately, these payments are not equal to the wages a Workers’ Compensation Claimant was making at the time of the injury. Most compensation payments are a percentage of the wages earned by the Claimant in the year prior to the injury, known as the Average Weekly Wage (AWW).
Read more . . .


Wednesday, December 14, 2016

IRS Releases Final ACA Reporting (Forms 1095-C And 1094-C) and Instructions for 2016


The Internal Revenue Service has released its final instructions on Forms 1095-C and 1094-C. The 1094 and 1095 C Forms are filed by applicable large employers (ALEs). The 1094 and 1095 B Forms are filed by providers of health coverage (mostly insurers but also some self-insuring employers and others). The new 1094 and 1095 C Form instructions generally follow the final 2015 instructions, but have added some clarifications and additions.

Under the Affordable Care Act (ACA), the "Employer Mandate" requires ALEs to offer compliant coverage to all of their fulltime employees (defined as those who regularly work at least 30 hours per week) or pay additional taxes for failure to do so.
Read more . . .


Monday, December 5, 2016

AFFORDABLE CARE ACT—STILL ALIVE AND KICKING


AFFORDABLE CARE ACT—STILL ALIVE AND KICKING

UPDATED ON NOVEMBER 21, 2016

PLANS MUST STILL COMPLY WITH ACA REPORTING RULES FOR 2016

The Affordable Care Act’s “employer shared responsibility provisions” require that certain employers (called applicable large employers or ALEs) must either offer “minimum essential coverage” that is “affordable” and that provides “minimum value” to full-time employees (and their dependents) or potentially be prepared to remit an employer-shared responsibility payment to the Internal Revenue Service(“IRS”).  These employer shared responsibility provisions are sometimes referred to as “the employer mandate” or “the pay or play provisions.”  Many employers fall below the ALE threshold number of employees and, therefore aren’t subject to the employer shared responsibility provisions.  However, those multi-employer health and welfare plans or ALEs that fall under these complicated shared responsibility provisions must file reports with the IRS on a timely and accurate basis to prove they are in compliance with current Affordable Care Act regulations.  Read more . . .


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With an office located in Toledo , OH Allotta Farley Co., L.P.A. serves clients throughout northwest OH with various legal matters. Areas of service include Allen County, Ashland County, Auglaize County, Crawford County, Defiance County, Erie County, Fulton County, Hancock County, Hardin County, Henry County, Huron County, Lucas County, Marion County, Mercer County, Morrow County, Ottawa County, Paulding County, Putnam County, Richland County, Sandusky County, Seneca County, Van Wert County, Williams County, Wood County, Wyandot County.

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