Legal Insights | Winter 2017 | Nicola, Gudbranson & Cooper LLC
Legal Insights is a newsletter of timely and practical legal information that we hope you can use in your professional and personal pursuits. Please contact your attorney at Nicola, Gudbranson & Cooper if you have any questions or comments or if you would like to suggest topics of interest for future issues.
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Travel and training outside the workday
Travel and training outside the workday: Overtime or not?

Time spent by non-exempt employees in travel during the normal workday, as part of their principal work activity, is considered work time. So is time spent in training. When these activities occur outside the workday, the extent to which non-exempt employees are entitled to overtime can be confusing.

Certain rules apply when travel is away from home and requires overnight stay. Training that occurs after hours also has its own criteria for when overtime should or should not be paid. Matthew T. Fitzsimmons discusses the basic guidelines for employers.

Read the full article.
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New legislation defines the fiduciary duties of individuals who operate and manage Ohio LLCs

Senate Bill 181, which became effective last July, changed certain liability rules of importance to members, managers and officers of existing or new limited liability companies (LLCs). Bruce L. Waterhouse Jr., who wrote about how the new law also affects the actions and legal exposure of officers of Ohio corporations in the Summer 2016 issue of Legal Insights, reviews similar issues as they relate to members and managers of Ohio LLCs. Those who are actively involved in Ohio LLCs as managers or investors would be well advised to consider whether their operating agreements should be amended to address these changes.

Read the full article.
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Avoid the class action

Business owners often think of class-action lawsuits in terms of consumer issues such as deceptive practices or product defects. Two recent lawsuits from the sports world show that businesses or nonprofit organizations with more than a few employees, or ones that expose customers or consumers to possible injury, might also be vulnerable to class actions.

Class actions combine what could be a huge number of individual lawsuits into a much more efficient proceeding, and offer access to relief even when individual damages are small. But they can be tremendously costly to the party being sued, writes Jim Juliano.

Read the full article.
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Spotlight
article divider The education law attorneys at Nicola, Gudbranson & Cooper (NGC) practice throughout Ohio in all aspects of school law, including individualized education programs, student rights and discipline matters, special education complaints and many other issues affecting school life.

Read about our school law practice.
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Firm News
article divider John D. Sayre, Amy Berman Hamilton and Matthew T. Fitzsimmons secured a favorable ruling in the U.S. Supreme Court in behalf of a father in Italy seeking return of his child from the mother in the United States. Associate Justice Elena Kagan declined to grant extension of a stay while the mother appealed an order to return the child.
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Fitzsimmons contributed an article about federal overtime regulations to the December 2016 Beach Cliff Beacon. It discussed new developments following an earlier article he wrote for the magazine.
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Becky M. Scheiman has been elected to the management committee of Nicola, Gudbranson & Cooper. She replaces Jim Juliano, who served on the committee for eight years.
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Scheiman, Nicholas J. Dertouzos and Brenda L. Wolff participated in the 2016 Autism Speaks Walk and Resource Fair at Progressive Field.
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Benjamin J. Cooper has been appointed governance committee chair of the Home Repair Resource Center (HRRC). Cooper joined the HRRC's board of directors in 2015. He volunteers his time to help the center empower homeowners to maintain their homes for sustainable and diverse communities.
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Richard G. Witkowski and Dertouzos spoke on accountant professional liability before the Ohio Chapter of the National Association of Certified Valuators and Analysts. Witkowski conducted CPA risk management and loss control seminars for accounting firms in Lancaster, Pa. and Hunt Valley, Md.
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Joshua G. Berggrun, a former extern at NGC, has joined the firm as an associate in the corporate and estate/ probate practice groups. A Cleveland native, Berggrun earned his law degree from Elon University School of Law and his undergraduate degree at Ithaca College.
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Copyright 2017 by Nicola, Gudbranson & Cooper LLC

This newsletter contains general information that should not be considered legal advice or legal opinion concerning
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