The Associated Press yesterday has a good article on what we are seeing: A steep decline in values and transactional activity for commercial real estate.
Read more here.
Last night, Finney Law Firm amended their Complaint against Dr. Amy Acton and Lance Himes to add the Bucyrus Bratwurst Festival as an additional Plaintiff in the action.
The Amended Complaint is here and below.
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I am especially proud of the drafting, mostly by Curt Hartman, in today’s Reply Brief on the Motion for Preliminary Injunction in our case to open Ohio Music Festivals: Bellwether Music Festival, LLC, et al, v. Dr. Amy Acton, et al. Even for non-attorneys, it is a great explanation of our constitutional rights to Free Speech and Equal Protection under the First and Fourteenth Amendments to the Constitution.
Read the brief here and below.
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Friday, Finney Law Firm and The 1851 Center for Constitutional Law filed suit in Warren County, Ohio to fully open Ohio day cares. Under orders from Ohio Department of Health Director Lance Himes day cares are operating at only partial capacity and under draconian rules. Judge Timothy Tepe has been assigned to the case.
You may read the Complaint here and below.
The release from the 1851 Center is here.
The suit follows decisions obtained by these same attorneys in Rock House Fitness (Judge Eugene Lucci, Lake County) and Kalahari Resorts (Erie County, Judge Binette) finding that Dr. Amy Acton’s orders shuttering Ohio businesses was illegal and unconstitutional.
For more information, contact Chris Finney (513.720.2996).
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Today, the State of Ohio and Dr. Amy Acton appealed the decision of Judge Eugene Lucci of Lake County Common Pleas Court in Rock House Fitness, Inc., et al v. Dr. Amy Acton, Director of the Ohio Department of Health, et al.
That was a ground-breaking decision ruling that Dr. Acton and Governor DeWine do not have the legal authority to close gyms in Ohio under Dr. Acton’s statutory powers.
Read the Notice of Appeal here and below.
Read Judge Lucci’s decision here.
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Attorney Rebecca L. Simpson
New Regulations regarding changes to PPP in Flexibility Act
On Friday, June 5, the Paycheck Protection Program Flexibility Act was signed into law and significantly loosened many Paycheck Protection Program (“PPP”) rules to make it easier for small businesses to use the loans in a way that will be forgivable. Two of the major changes to the PPP in the Flexibility Act where:
- The loan forgiveness covered period (“Covered Period”) was extended from 8 weeks to 24 weeks, so borrowers have 24 weeks after receiving their funds to spend them
- The required payroll percentage was reduced from 75% to 60%, so borrowers can spend up to 40% on covered non-payroll expenses (mortgage interest, rent, utilities)
These and other changes in the PPP Flexibility Act raised many questions about the impact of the new rules on the calculation of PPP forgiveness.
In the last few days, the Small Business Administration (“SBA”) has issued three new sets of regulations announcing revisions to prior PPP SBA regulations, to make the regulations consistent with the changes in the Flexibility Act.
Major Revision Impacting Self-employed and Independent Contractors
One of the revisions announced by the SBA raises the cap on how much self-employed and independent contractors can pay themselves out of their PPP funds.
Prior to the PPP Flexibility Act and the SBA revisions to the regulations, in general the amount that self-employed and independent contractors could pay themselves out of PPP funds was capped at the lessor of:
- 8 weeks (or 8/52) of 2019 net profit, OR
- $15,385 per individual in total across all businesses
According to a revision issued by SBA yesterday, that cap for the 24-week Covered Period has been raised to the lessor of:
- 2.5 months (or 2.5/12) of 2019 net profit, OR
- $20,833 per individual in total across all businesses
This higher cap applies to those who file a Schedule C or F and who use the PPP 24-week Covered Period (rather than the 8-week Covered Period). Although the Covered Period was increased from 8 to 24 weeks in the Flexibility Act, if your PPP loan was made before June 5, 2020, you may elect to have your Covered Period be the 8-week period beginning on the date of your PPP loan. If, however, you want to take advantage of the higher cap described above, you will need to use the 24-week Covered Period.
Conclusion
As part of our new Small Business Solutions Group, we will continue to stay on top of changes that may impact your PPP loan forgiveness and we will post updates on our blog. If you need assistance maximizing the forgiveness of your PPP loan, please contact Rebecca L. Simpson at 513.797.2856.
On June 15, 2020, the Supreme Court of the United States, in Bostock v. Clayton County, Georgia, held that gay and transgender employees may not be fired merely for being gay or transgender. In a 6-3 decision, the Court held that termination on the basis of gender identity or sexual orientation violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment on the basis of sex, race, color national origin, or religion.
The Court only addressed the issue of whether termination on the basis of gender identity or sexual orientation is prohibited under Title VII. However, employees and small businesses should be aware that it is a near certainty that all forms of discrimination on the basis of sexual orientation or gender identity, including harassment, pay disparity, and discrimination in hiring and promotion decisions, are now prohibited under Title VII.
Title VII only applies to employers with more than 15 employees, and current Ohio and Kentucky jurisprudence has held that their respective antidiscrimination laws (Revised Code 4112.02, et seq. and Kentucky Revised Statutes 344, et seq.) do not prohibit discrimination on the basis of sexual orientation or gender identity. As a result, it is possible that businesses with less than 15 employees will not be affected by Bostock. However, Ohio and Kentucky courts normally interpret their states’ antidiscrimination laws in a manner consistent with the interpretation of Title VII. Therefore, there is a very good chance that the protections now afforded to gay and transgender persons by Title VII will also be applied to smaller employers in Ohio and Kentucky.
The employment attorneys at the Finney Law Firm take pride in staying up-to-date with recent developments in employment law, including the recent Covid-19 leave requirements and expansion of Title VII protection. Employers and employees should consult experienced legal counsel to be fully advised of their rights and obligations under the law. For assistance with these matters, consult Matthew S. Okiishi (513.943.6659) and Stephen E. Imm (513.943.5678).
Constitutional Law: Finney Law Firm sues Elmwood Place for wrongful arrest in profiling of black man
A second in a series of wrongful arrest claims against local police for what amounts to racial profiling was filed this week by Finney Law Firm attorney Bradley M. Gibson, this time against the Village of Elmwood Place and police officer Robert McConnell. The Plaintiff is Monday Oduimoh.
You may read the Complaint here and below.
You may read the Cincinnati Enquirer story here. Video of the incident accompanies the story, separately linked here.
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- posted: Jun. 15, 2020
- Justin Whittaker
- Employment Law
- 10 weeks paid leave, Family and Medical Leave Act, family leave, paid sick leave, public health emergency
The Families First Coronavirus Response Act (FFCRA), enacted as part of the national response to COVID-19, requires employers to allow employees expanded family and medical leave for reasons related to the coronavirus.
The new law temporarily expands the reach of the Family and Medical Leave Act (FMLA), which applies to all private employers with at least 50 employees who worked at least 20 weeks during the current or prior calendar year. Employees seeking FMLA leave generally must have worked at least 1,250 hours during the prior year.
The FFCRA includes the Emergency Family and Medical Leave Expansion Act, under which private employers with up to 500 employees and certain public employers must provide the following though December 31, 2020:
- Family and medical leave — Up to 10 weeks of paid leave (plus two unpaid weeks) at two-thirds the employee’s rate of pay to employees who cannot work because he or she has a child whose school or daycare provider is closed due to COVID-19. This is called public health emergency leave. The maximum amount of emergency leave compensation is $200 per day and $10,000 total.
- Paid sick leave for employee illness — 80 hours of paid sick leave at the employee’s full rate of pay if the employee cannot work due to quarantine and/or is experiencing COVID-19 symptoms.
- Paid sick leave to care for a loved one — 80 hours of paid sick leave at two-thirds the employee’s rate of pay if he or she cannot work because of the need to care for an individual who is quarantined or to care for a child whose school or day care is closed due to COVID-19.
Every employee, regardless of tenure, is eligible for two weeks of paid sick time for COVID-19 reasons. In addition, employees who have been with the company for at least 30 days are eligible for the additional 10 weeks of paid leave. Public health emergency leave is available only to those affected by the coronavirus.
Certain employers with under 50 employees may be exempt from the new paid leave requirements.
About Finney Law Firm, LLC
Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation. FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.
FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.
For more information about Finney Law Firm, visit finneylawfirm.com.
Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.
Here is the media coverage from today’s win for Kalahari Resort Water Park and Convention Center against Dr. Amy Acton before Judge Roger Binette in Erie County Common Pleas Court:
- Cleveland Plain Dealer: Erie County judge says Kalahari Resorts can open Sandusky waterpark immediately
- Sandusky Register: Judge rules for Kalahari
- Toledo Blade: Kalahari to reopen Saturday after judge grants injunction against state-ordered closure
- The Highland County Press: Another Ohio court slams forced closures as unconstitutional
- 700 WLW: Chris Finney appears LIVE with Bill Cunningham to discuss Kalahari win and new Music Festivals suit (podcast)
- Fox 19 (Cincinnati): Ohio water park closed by state COVID-19 health order can reopen now, judge rules
- Fox 8 (Cleveland): Judge issues order allowing Kalahari to move forward with plan to reopen early