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The City Commission recently passed new legislation that will change the landscape of landlord-tenant proceedings, specifically eviction matters. The City worked in conjunction with an eviction task force that Nan Whaley organized in 2019. City officials say that the changes are designed to help curb evictions. This legislation is the latest measure in the City of Dayton’s initiative to ensure that all Dayton residents have access to stable housing. These changes will undoubtedly impact the way evictions are processed moving forward.

On June 3, 2020, the City of Dayton adopted an amendment of Section 93.70 Landlords and Tenants of the Revised Code of General Ordinances. The legislation sets forth significant changes, including new limits on the amount of late fees that landlords can charge tenants. Late fees are now capped at 5% of the monthly rent, up to a $25 limit. The legislation also prohibits landlords from charging interest on late fees, and prohibits assessing multiple late fees for one payment. Mayor Whaley expressed concerns stemming from the economic impact of the COVID-19 pandemic, anticipating an increase in evictions as a result of business closures and staffing changes. The legislation also cites public health concerns, seeking “to avoid unnecessary housing displacement to protect the City’s affordable housing stock and to prevent housed individuals from falling into homelessness[.]”
The eviction task force also recommended to the City Commission that the burden of proof concerning whether a rent payment was made be shifted from tenants to landlords. The task force identified that many low-income tenants do not have bank accounts or electronic payment methods, which can make it difficult for tenants who pay rent via money order or cash to show proof of payment. As a result, the new legislation requires that if a landlord did not provide a receipt to their tenant, then the burden of proof shifts to the landlord to prove that rent was not paid. This rental receipt requirement does not apply to electronic payments, such as ACH and credit card payments. Debra Lavey, member of the task force and senior attorney with Advocates of Basic Legal Equality, believes that this new legislation is a step towards more comprehensive changes in local and state policy.
If you are a landlord or property management company and want to know more about how this new legislation will impact your operations, contact Ebony Davenport at edavenport@pselaw.com or one of the attorneys of Pickrel, Schaeffer & Ebeling at (937) 223-1130 to discuss this issue or any other matter.

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At many different times in our busy lives we have been faced with completing an application for insurance (car, house, property) with its multitude of what appear to be ‘silly’ questions.  Questions like, “How far from your property is the nearest fire hydrant?  or, “Have you ever smoked?  or, Does anyone beside the applicant reside in the dwelling?  Normally we just breeze through them without much thought.  However, ‘silly’ as these questions may appear, the insurance company is asking them for a very valid reason – to accurately determine the premium cost for the policy being requested.  If you fail to accurately answer these questions or tell white lies, the insurance could legally cancel the policy, thus depriving you of the benefits your may have paid for.
In a recent case considered by the Ohio Supreme Court (Nationwide Mutual Fire Insurance Company v. Pusser, 2020-Ohio-2778), Barbara Pusser was driving a car owned and insured by her sister, Diane Lapaze, who was living with her in the Pusser home.  On the application for the car insurance Diane Lapaze indicated that she lived alone at the address of the Pusser house.  Unfortunately, while driving a vehicle insured in the name of Diane Lapaze, Barbara Pusser struct and killed a pedestrian.
It is a common insurance industry practice to incorporate the application for insurance right into the policy as part of its terms.  Because this was the case for Diane Lapaze’s policy, Nationwide filed suit asking the Court to rule that the policy was void because no one other than Diane Lapaze was listed on the application as a member of her household.  After lower courts denied their motion, Nationwide appealed to the Ohio Supreme Court.
After reviewing the case file, the Supreme Court ruled in Nationwide’s favor and declared the policy void, meaning Barbara Pusser had no insurance to cover her potential liability for fatally striking a pedestrian.
How does this apply to you?  Pay close attention and completely answer the questions on an application for insurance; don’t cut any corners by not accurately answering the questions in hope of getting a lower premium.  You just might find out at the worst possible time that you don’t have the coverage you thought you had paid for.
If you have any questions concerning your insurance policies, coverage or how to handle any potentially inaccurate or incomplete insurance applications, please contact Mike Sandner at msandner@pselaw.com.

The post White Lies when Completing an Application for Insurance appeared first on Pickrel Schaeffer & Ebeling.

• Record keeping requirements for PPP What is FTE?
• Loan Forgiveness Unemployment What are the important dates to keep in mind?
• How do I bring back employees if they have been laid off? 
• Should I be concerned about employees not returning when I can bring them back to work?
• Are there other options to consider as an employer if I didn’t get a PPP loan?

The post Free Webinar: I got my PPP Loan – Now what? appeared first on Pickrel Schaeffer & Ebeling.

            Business interruption claims as a result of the pandemic need to be presented specifically, and should not be attempted without the assistance of counsel.  There are numerous hurdles to clear in order to have a compensable business interruption claim under most policies from describing the physical damage suffered to avoiding any applicable exclusions.  If your business has been closed or significantly impacted as a result of an interruption of activity as a result of the COVID-19 pandemic, please don’t hesitate to contact Mike Sandner at Pickrel, Schaeffer and Ebeling.  I will review the circumstances of your claim, your policy language, and guide you on the potential options that may be available.

The post Does your Firm or Business have a Potential Business Interruption Claim? appeared first on Pickrel Schaeffer & Ebeling.

On March 27, 2020, Congress approved the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a two-trillion-dollar aid package to help individuals and businesses who are experiencing the effects of the coronavirus pandemic and to stimulate the economy. Numerous programs are available and while the following list may not be exhaustive, here are just a few of the employment and small-business- related provisions, as well as a summary of benefits available to individuals, under the new law:

SUMMARY OF EMPLOYMENT AND SMALL BUSINESS-RELATED PROVISIONS

Employee retention credits.  The CARES Act provides eligible employers with a refundable payroll tax credit equal to 50% of certain “qualified wages” (including certain health plan expenses) paid to its employees in a calendar quarter if the employer is engaged in an active trade or business in 2020 and if, during the calendar quarter, one of the following conditions applied:

(i) the operation of that trade or business is fully or partially suspended due to a governmental order related to COVID-19; or

(ii) the gross receipts for that trade or business are less than 50% of gross receipts for the same calendar quarter of the prior year.  

For employers with more than 100 employees, wages eligible for the credit are wages that the employer pays employees who are not providing services due to the suspension of the business or a drop in gross receipts. For employers with 100 or fewer employees, all wages paid qualify for the credit.

The credit is capped at $5,000 (50% of $10,000 qualified wages) per employee for all calendar quarters.  Section 501(c) tax-exempt organizations are eligible for the credit, but governmental entities and companies receiving small business interruption loans under the CARES Act are not.

Paycheck protection program. This program gives the Small Business Administration (SBA) the ability to guarantee $350 billion in loans to small businesses via a network of more than 800 banks. The Paycheck program provides eight weeks of cash-flow assistance to small businesses with fewer than 500 employees.  No collateral or personal guarantees will be required by the lender. The portion of these loans that employers use for payroll costs, interest on mortgage payments, rent and utilities may qualify for forgiveness, provided that small businesses receiving these loans maintain their payrolls until June of 2020.

The interest rate on the loans cannot be greater than 4%. The CARES Act increases the SBA guaranty of such loans to 100% until the end of 2020.

In order to approve these loans, lenders are only required to determine whether a business (1) was operational on February 15, 2020, and (2) had employees for whom it paid salaries and payroll taxes, or a paid independent contractor.  Borrowers are required to make certifications regarding the impact of COVID-19 on their business and intentions regarding use of the loan.

The U.S. Treasury has the authority to approve new lenders who do not currently make 7(a) SBA loans to make Paycheck Protection Loans.   Businesses interested in Paycheck Protection Loans should contact their financial institution.  Further guidance is expected within the coming days regarding lenders who have been added to the list of lenders already approved to make these loans.

SBA Economic Injury Disaster Loans (EIDL).  The CARES Act creates a new emergency grant of $10,000 for small businesses that apply for an SBA economic injury disaster loan (EIDL).  EIDLs are loans up to $2 million with interest rates of 3.75% for businesses and 2.75% for nonprofits, and principal and interest payments deferred up to 4 years.  The EIDL loans may be used to pay for expenses that could have been met had the disaster not happened, including payroll and other operating expenses.  The EIDL grant does not need to be repaid even if the applicant is denied an EIDL.  A small business may apply for an EIDL grant and a Paycheck Protection loan.  The EIDL grant will be subtracted from the amount of the Paycheck Protection loan that is forgivable.   For businesses with existing SBA loans, (such as a 7(a), 504, or microloan) or take one out within 6 months after the CARES Act is enacted, the SBA will pay all loan costs for borrowers, including principal, interest, and fees, for six-months.  SBA borrowers may also seek an extension of the duration of their loan and delay certain reporting requirements.   More information on this program is available here: https://covid19relief.sba.gov/#/

Immediate payroll tax credits and advance refunds for employee sick leave and FMLA leave. The law provides for advance refunding of the payroll tax credits enacted last week in the Families First Coronavirus Response Act (FFCRA). The credits for required paid sick leave paid family leave under the recently expanded employee paid leave provisions may be refunded in advance using forms and instructions the IRS will provide. The IRS is instructed to waive any penalties for failure to deposit payroll taxes under Sec. 3111(a) or 3221(a) if the failure was due to an anticipated payroll tax credit.

Any tax credit advances are capped at the same amount as provided in the Families First Coronavirus Response Act (FFCRA), which provided for expanded emergency FMLA leave and emergency paid sick leave, with respect to tax credits, as originally enacted.

For paid emergency FMLA leave, the amount of the credit is equal to 100 percent of the “qualified family leave wages” that the employer is required to pay for the applicable quarter. This dollar-for-dollar credit is capped at $200 per employee per day, up to a maximum aggregate amount for all calendar quarters of $10,000 per employee.

For paid emergency sick leave, the amount of tax credit is capped at $511 per employee per day if the employee takes leave for reasons of quarantine, self-quarantine, or symptoms/diagnosis and at $200 per employee per day if the employee takes leave to care for a quarantined individual, for qualifying child care reasons, or to care for an employee’s own substantially similar condition. FFCRA also provides tax credits for self-employed individuals who would be entitled to receive emergency paid sick leave if they had been employed by a third-party employer.

The CARES Act also modified the FFCRA to provide that employees who were “laid off” by an employer on or after March 1, 2020, may potentially qualify for emergency paid FMLA leave if they are later rehired by the same employer. Layoff, however, is an undefined term.

To be eligible for this exception, a re-hired employee must have worked for the employer for at least 30 of the last 60 calendar days prior to layoff.

Payroll tax delay. 50% of 2020 employer payroll taxes until Dec. 31, 2021 will be delayed, and the other 50% will be due Dec. 31, 2022. 50% of self-employment taxes will not be due until those same dates.

Delay on single employer pension plan contributions. Single employer pension plans are allowed to delay quarterly contributions for 2020 until the end of the year.  Employers may also use 2019 funded status for the purposes of determining funding-based limits on plan benefits for the plan years that include 2020.

Click here for the Complete Guide for Small Businesses.

SUMMARY OF BENEFITS AVAILABLE TO INDIVIDUALS

Pandemic unemployment assistance. Temporary pandemic Unemployment Compensation assistance will be available through December 31, 2020.  The law expands the number of weeks of Unemployment Compensation available from 26 to 39 weeks. The provisions expand the availability of Unemployment Compensation to self-employed individuals, independent contractors, part-time workers (who are not covered by all states in normal circumstances) and others who are unable to work for reasons related to COVID-19.  Such reasons include the following:

•    being diagnosed with COVID-19;

•    experiencing symptoms of COVID-19 and seeking a COVID-19 diagnosis or testing;

•    a member of the individual’s household has been diagnosed with COVID–19;

•    caring for a family member or household member who has been diagnosed with COVID-19;

•    caring for a child or other household member whose facility has been shut down due to the coronavirus pandemic;

•    being unable to reach the place of work due to quarantine imposed as a direct result of the COVID-19 public health emergency;

•    being unable to reach the place of employment because a health care provider has advised self-quarantine due to concerns related to COVID–19;

•    being scheduled to commence employment and does not have a job or is unable to reach the job as a direct result of the COVID-19 public health emergency;

•    becoming the breadwinner or major support for a household because the head of the household died as a direct result of COVID-19;

•    quitting a job as a direct result of COVID-19; and

•    closure of place of business as a direct result of COVID-19.

In additional to the normal state unemployment benefits which vary from state by state, the CARES Act would provide an additional $600 per week benefit for up to four months, the intent of which is provide benefits that are closer to 100% of an individual’s normal income. 

Recovery rebates for individuals and families. The law provides for payments to taxpayers which will be treated as an advance on refunds of a 2020 tax year credit. Individuals will receive a tax credit of $1,200 ($2,400 for joint filers) plus $500 for each qualifying child. The credit will not be available to taxpayers with adjusted gross income (AGI) above $150,000 (for joint filers), $112,500 (for heads of household), and $75,000 for other individuals. The credit is not available to nonresident aliens, individuals who can be claimed as a dependent by another taxpayer, and estates and trusts. Taxpayers will reduce the amount of the credit on their 2020 tax return by the amount of the advance refund payment they receive.

No action on their part will be required to receive a rebate check, since the IRS will use a taxpayer’s 2019 tax return if filed or their 2018 return if they haven’t filed their 2019 return. This includes many individuals with very low income who file a tax return despite not owing any tax in order to take advantage of the refundable Earned Income Tax Credit and Child Tax Credit. The IRS will use a direct deposit method of providing the payment if that has been used in the past.  Individuals can also register for direct deposit at https://www.irs.gov/refunds/get-your-refund-faster-tell-irs-to-direct-deposit-your-refund-to-one-two-or-three-accounts

The best way for individuals and families to ensure they receive a recovery rebate is to file a 2019 tax return if they have not already done so. The law also instructs the IRS to engage in a public campaign to alert all individuals of their eligibility for the rebate and how to receive it if they have not filed either a 2019 or 2018 tax return.

If individuals have a past due debt to a federal or state agency, or owe back taxes, the rebate will nevertheless not be reduced.  The law turns off nearly all administrative offsets that ordinarily may reduce tax refunds for individuals who have past tax debts, or who are behind on other payments to federal or state governments, including student loan payments. The only administrative offset that will be enforced applies to those who have past due child support payments that the states have reported to the Treasury Department.

The recovery rebated are expected to go out to individuals and families within the next 2-3 weeks.

Retirement plan distributions. Up to $100,000 in coronavirus-related distributions from retirement plans will not be subject to the 10% additional tax for early distributions. Coronavirus-related distributions can be taken up to Dec. 31, 2020.  Taxpayers will be eligible to take the distribution if they have been diagnosed with SARS-CoV-2 virus or COVID-19 disease, a spouse or dependent has been diagnosed with SARS-CoV-2 virus or COVID-19 disease, they have experienced adverse financial consequences from being quarantined, furloughed, or laid off, have had his or her work hours reduced, or who is unable to work due to lack of child care. The law also allows loans of up to $100,000 from qualified plans, with delayed repayment provisions.

In order to begin the process of applying for a coronavirus-related distribution from a retirement plan, individuals should contact the plan or plan administrator for their individual retirement account. 

If you have questions regarding any of the above provisions of the CARES Act, or need further assistance with employment law or COVID-19- related matters, the attorneys at Pickrel, Schaeffer and Ebeling are here to assist you.  Please contact Kristina Curry, Matt Stokely or another PS&E attorney at (937) 223-1130 or via our website at www.pselaw.com.

The post President Signs “Cares Act” – passed by US House and Senate appeared first on Pickrel Schaeffer & Ebeling.

On March 27, 2020, Congress approved the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a two-trillion-dollar aid package to help individuals and businesses who are experiencing the effects of the coronavirus pandemic and to stimulate the economy. Numerous programs are available and while the following list may not be exhaustive, here are just a few of the employment and small-business- related provisions, as well as a summary of benefits available to individuals, under the new law:

SUMMARY OF EMPLOYMENT AND SMALL BUSINESS-RELATED PROVISIONS

Employee retention credits.  The CARES Act provides eligible employers with a refundable payroll tax credit equal to 50% of certain “qualified wages” (including certain health plan expenses) paid to its employees in a calendar quarter if the employer is engaged in an active trade or business in 2020 and if, during the calendar quarter, one of the following conditions applied:

(i) the operation of that trade or business is fully or partially suspended due to a governmental order related to COVID-19; or

(ii) the gross receipts for that trade or business are less than 50% of gross receipts for the same calendar quarter of the prior year.  

For employers with more than 100 employees, wages eligible for the credit are wages that the employer pays employees who are not providing services due to the suspension of the business or a drop in gross receipts. For employers with 100 or fewer employees, all wages paid qualify for the credit.

The credit is capped at $5,000 (50% of $10,000 qualified wages) per employee for all calendar quarters.  Section 501(c) tax-exempt organizations are eligible for the credit, but governmental entities and companies receiving small business interruption loans under the CARES Act are not.

Paycheck protection program. This program gives the Small Business Administration (SBA) the ability to guarantee $350 billion in loans to small businesses via a network of more than 800 banks. The Paycheck program provides eight weeks of cash-flow assistance to small businesses with fewer than 500 employees.  No collateral or personal guarantees will be required by the lender. The portion of these loans that employers use for payroll costs, interest on mortgage payments, rent and utilities may qualify for forgiveness, provided that small businesses receiving these loans maintain their payrolls until June of 2020.

The interest rate on the loans cannot be greater than 4%. The CARES Act increases the SBA guaranty of such loans to 100% until the end of 2020.

In order to approve these loans, lenders are only required to determine whether a business (1) was operational on February 15, 2020, and (2) had employees for whom it paid salaries and payroll taxes, or a paid independent contractor.  Borrowers are required to make certifications regarding the impact of COVID-19 on their business and intentions regarding use of the loan.

The U.S. Treasury has the authority to approve new lenders who do not currently make 7(a) SBA loans to make Paycheck Protection Loans.   Businesses interested in Paycheck Protection Loans should contact their financial institution.  Further guidance is expected within the coming days regarding lenders who have been added to the list of lenders already approved to make these loans.

SBA Economic Injury Disaster Loans (EIDL).  The CARES Act creates a new emergency grant of $10,000 for small businesses that apply for an SBA economic injury disaster loan (EIDL).  EIDLs are loans up to $2 million with interest rates of 3.75% for businesses and 2.75% for nonprofits, and principal and interest payments deferred up to 4 years.  The EIDL loans may be used to pay for expenses that could have been met had the disaster not happened, including payroll and other operating expenses.  The EIDL grant does not need to be repaid even if the applicant is denied an EIDL.  A small business may apply for an EIDL grant and a Paycheck Protection loan.  The EIDL grant will be subtracted from the amount of the Paycheck Protection loan that is forgivable.   For businesses with existing SBA loans, (such as a 7(a), 504, or microloan) or take one out within 6 months after the CARES Act is enacted, the SBA will pay all loan costs for borrowers, including principal, interest, and fees, for six-months.  SBA borrowers may also seek an extension of the duration of their loan and delay certain reporting requirements.   More information on this program is available here: https://covid19relief.sba.gov/#/

Immediate payroll tax credits and advance refunds for employee sick leave and FMLA leave. The law provides for advance refunding of the payroll tax credits enacted last week in the Families First Coronavirus Response Act (FFCRA). The credits for required paid sick leave paid family leave under the recently expanded employee paid leave provisions may be refunded in advance using forms and instructions the IRS will provide. The IRS is instructed to waive any penalties for failure to deposit payroll taxes under Sec. 3111(a) or 3221(a) if the failure was due to an anticipated payroll tax credit.

Any tax credit advances are capped at the same amount as provided in the Families First Coronavirus Response Act (FFCRA), which provided for expanded emergency FMLA leave and emergency paid sick leave, with respect to tax credits, as originally enacted.

For paid emergency FMLA leave, the amount of the credit is equal to 100 percent of the “qualified family leave wages” that the employer is required to pay for the applicable quarter. This dollar-for-dollar credit is capped at $200 per employee per day, up to a maximum aggregate amount for all calendar quarters of $10,000 per employee.

For paid emergency sick leave, the amount of tax credit is capped at $511 per employee per day if the employee takes leave for reasons of quarantine, self-quarantine, or symptoms/diagnosis and at $200 per employee per day if the employee takes leave to care for a quarantined individual, for qualifying child care reasons, or to care for an employee’s own substantially similar condition. FFCRA also provides tax credits for self-employed individuals who would be entitled to receive emergency paid sick leave if they had been employed by a third-party employer.

The CARES Act also modified the FFCRA to provide that employees who were “laid off” by an employer on or after March 1, 2020, may potentially qualify for emergency paid FMLA leave if they are later rehired by the same employer. Layoff, however, is an undefined term.

To be eligible for this exception, a re-hired employee must have worked for the employer for at least 30 of the last 60 calendar days prior to layoff.

Payroll tax delay. 50% of 2020 employer payroll taxes until Dec. 31, 2021 will be delayed, and the other 50% will be due Dec. 31, 2022. 50% of self-employment taxes will not be due until those same dates.

Delay on single employer pension plan contributions. Single employer pension plans are allowed to delay quarterly contributions for 2020 until the end of the year.  Employers may also use 2019 funded status for the purposes of determining funding-based limits on plan benefits for the plan years that include 2020.

Click here for the Complete Guide for Small Businesses.

SUMMARY OF BENEFITS AVAILABLE TO INDIVIDUALS

Pandemic unemployment assistance. Temporary pandemic Unemployment Compensation assistance will be available through December 31, 2020.  The law expands the number of weeks of Unemployment Compensation available from 26 to 39 weeks. The provisions expand the availability of Unemployment Compensation to self-employed individuals, independent contractors, part-time workers (who are not covered by all states in normal circumstances) and others who are unable to work for reasons related to COVID-19.  Such reasons include the following:

•    being diagnosed with COVID-19;

•    experiencing symptoms of COVID-19 and seeking a COVID-19 diagnosis or testing;

•    a member of the individual’s household has been diagnosed with COVID–19;

•    caring for a family member or household member who has been diagnosed with COVID-19;

•    caring for a child or other household member whose facility has been shut down due to the coronavirus pandemic;

•    being unable to reach the place of work due to quarantine imposed as a direct result of the COVID-19 public health emergency;

•    being unable to reach the place of employment because a health care provider has advised self-quarantine due to concerns related to COVID–19;

•    being scheduled to commence employment and does not have a job or is unable to reach the job as a direct result of the COVID-19 public health emergency;

•    becoming the breadwinner or major support for a household because the head of the household died as a direct result of COVID-19;

•    quitting a job as a direct result of COVID-19; and

•    closure of place of business as a direct result of COVID-19.

In additional to the normal state unemployment benefits which vary from state by state, the CARES Act would provide an additional $600 per week benefit for up to four months, the intent of which is provide benefits that are closer to 100% of an individual’s normal income. 

Recovery rebates for individuals and families. The law provides for payments to taxpayers which will be treated as an advance on refunds of a 2020 tax year credit. Individuals will receive a tax credit of $1,200 ($2,400 for joint filers) plus $500 for each qualifying child. The credit will not be available to taxpayers with adjusted gross income (AGI) above $150,000 (for joint filers), $112,500 (for heads of household), and $75,000 for other individuals. The credit is not available to nonresident aliens, individuals who can be claimed as a dependent by another taxpayer, and estates and trusts. Taxpayers will reduce the amount of the credit on their 2020 tax return by the amount of the advance refund payment they receive.

No action on their part will be required to receive a rebate check, since the IRS will use a taxpayer’s 2019 tax return if filed or their 2018 return if they haven’t filed their 2019 return. This includes many individuals with very low income who file a tax return despite not owing any tax in order to take advantage of the refundable Earned Income Tax Credit and Child Tax Credit. The IRS will use a direct deposit method of providing the payment if that has been used in the past.  Individuals can also register for direct deposit at https://www.irs.gov/refunds/get-your-refund-faster-tell-irs-to-direct-deposit-your-refund-to-one-two-or-three-accounts

The best way for individuals and families to ensure they receive a recovery rebate is to file a 2019 tax return if they have not already done so. The law also instructs the IRS to engage in a public campaign to alert all individuals of their eligibility for the rebate and how to receive it if they have not filed either a 2019 or 2018 tax return.

If individuals have a past due debt to a federal or state agency, or owe back taxes, the rebate will nevertheless not be reduced.  The law turns off nearly all administrative offsets that ordinarily may reduce tax refunds for individuals who have past tax debts, or who are behind on other payments to federal or state governments, including student loan payments. The only administrative offset that will be enforced applies to those who have past due child support payments that the states have reported to the Treasury Department.

The recovery rebated are expected to go out to individuals and families within the next 2-3 weeks.

Retirement plan distributions. Up to $100,000 in coronavirus-related distributions from retirement plans will not be subject to the 10% additional tax for early distributions. Coronavirus-related distributions can be taken up to Dec. 31, 2020.  Taxpayers will be eligible to take the distribution if they have been diagnosed with SARS-CoV-2 virus or COVID-19 disease, a spouse or dependent has been diagnosed with SARS-CoV-2 virus or COVID-19 disease, they have experienced adverse financial consequences from being quarantined, furloughed, or laid off, have had his or her work hours reduced, or who is unable to work due to lack of child care. The law also allows loans of up to $100,000 from qualified plans, with delayed repayment provisions.

In order to begin the process of applying for a coronavirus-related distribution from a retirement plan, individuals should contact the plan or plan administrator for their individual retirement account. 

If you have questions regarding any of the above provisions of the CARES Act, or need further assistance with employment law or COVID-19- related matters, the attorneys at Pickrel, Schaeffer and Ebeling are here to assist you.  Please contact Kristina Curry, Matt Stokely or another PS&E attorney at (937) 223-1130 or via our website at www.pselaw.com.

The post President Signs "Cares Act" – passed by US House and Senate appeared first on Pickrel Schaeffer & Ebeling.

On March 26, 2020, House Bill 197 was forwarded to the Governor and was signed into law on Friday, March 27, 2020.  The Bill, tolls any expiring administrative limitation or statute of limitation created under the Revised Code until July 30, 2020.  The Bill is retroactive to March 9, 2020 and is designed to allow individuals or businesses additional time to assess, and/or take, any actions which may have been on the verge of expiring. 

Additionally, for individuals or businesses already in litigation, the statute provides some additional relief from pending discovery cut-off and other pretrial deadlines. 

The most immediate effect of this statute may come into play with regard to Board of Revision filing deadlines, that are set to expire March 31, 2020.  Any business or individual who has taken a closer look at their real estate valuation issues as a result of this pandemic may wish to contact Mike Sandner at Pickrel, Schaeffer and Ebeling Co., L.P.A. to explore whether there is still an opportunity to pursue these claims even after the March 31, 2020 deadline as a result of the passage of House Bill 197.

The post Statutes of Limitations Tolled as a Result of COVID-19 appeared first on Pickrel Schaeffer & Ebeling.

Or maybe you or your business bought property last year at a value below the Auditor’s recorded fair market value?  If either of those circumstances apply, then you should be aware that the deadline to file Complaints is March 31, 2020.  Updated real estate tax notices have been sent out, and you should review these for your personal or business real estate to ensure that the valuations are accurate.  If you believe there are inaccuracies, or that the stated value no longer reflects the market value of your property, you should consider filing a tax complaint to challenge your valuation.  Challenging your valuation may give you the opportunity to benefit from any savings obtained for years to come. 

          If you have any questions about how to file a complaint, please contact Mike Sandner at Pickrel, Schaeffer & Ebeling, msandner@pselaw.com or call (937) 223-1130  to review your situation.

The post Do you Believe the Value of Your Property is Correct? appeared first on Pickrel Schaeffer & Ebeling.

A few months ago, my partner, Gerald McDonald wrote an article cautioning that potentially vulgar speech may quickly be materializing in much more prevalent commercial applications.  The subject of Jerry’s article involved vulgarity in trademark registration, but a recent decision from the Seventh District Court of Appeals illustrates a context which may bring the issue much closer to home for most. 

In Broke Ass Phone v. Boardman Township Board of Zoning Appeals, 2019-Ohio-4918 the issue before the Court of Appeals was whether or not the Board of Zoning Appeals had erred in prohibiting Broke Ass Phone Company from replacing its commercial street sign in front of its business.  The case involved the interplay between Broke Ass Phones right to use its legally registered and legally trademarked name with Boardman Township’s zoning resolution which sought to regulate obscene word or words of immoral character.  The Court’s analysis focused on the fact that Broke Ass’s sign would be considered commercial speech.  Commercial speech is protected from unwarranted governmental regulation, but the key is “unwarranted governmental regulation.”  In an effort to analyze this the Court looked at whether the zoning restriction sought to implement a substantial government interest.  While the Court held that there was legitimate governmental interest in preventing the Township’s residents from being exposed to obscene, pornographic or immoral signs, at the end of the day the Court found that the word “Ass” was neither obscene in context, nor immoral.  Although there was a vigorous dissent, the Court held that the State could not regulate speech that posed no danger to the asserted State interest and therefore held that it was unconstitutional to restrict its use. 

Municipalities should take note of the analysis this employed by the Seventh District’s decision, as well as the Seventh District’s comments on the evidence that the Court would have expected to have seen submitted in a case like this.  For business owners the case provides another example of, and possible support, to push the envelope in this context.

If you have any questions, please don’t hesitate to contact Michael W. Sandner at Pickrel, Schaeffer & Ebeling Co., L.P.A. to review or discuss.

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