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Weisenfelder Pursues Ruling Change In Traffic Camera Case

In a recent Journal-News article, Rendigs Partner Wil Weisenfelder was quoted regarding several recent rulings in Ohio traffic camera law.  Weisenfelder is defending the village of New Miami and is pursuing Butler County Common Pleas Judge Michael Sage to change his position based on the Ohio Supreme Court decision in Walker v. Toledo which determined that cameras used to catch speeders and red light runners were, in fact, legal. The full article is available here.

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Leaving Money On The Table – What you can do proactively to make it easier to collect the money you’ve earned.

Rendigs represents many contractors and small businesses on all sorts of matters, but certainly disputes about money come up more frequently than anything else. Either our clients do not believe they owe money to a claimant or someone owes them money. Of course, the actual disputes are always more complicated than I could describe in this article but we routinely counsel our clients to help make sure they get paid on every job and avoid claims for non-payment. Here are ten items to think about that might help you too. Read more…

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Real Estate Dispute Successfully Dismissed For Rendigs’ Client

Rendigs’ attorneys Peter L. Ney and Michael J. Chapman successfully defended a national lender in residential real estate litigation where the plaintiff claimed forgery of his signature on a mortgage, breach of contract, fraud, unjust enrichment, conspiracy, quiet title and slander of title.    The Rendigs’ commercial litigation attorneys prevailed by filing a motion to dismiss and successfully arguing res judicata and the expiration of the limitations period for each of Plaintiff’s claims. Rendigs’ attorneys enjoy handling such real estate and transactional disputes and we always try to use our experience and knowledge to resolve such disputes in the most timely and cost-effective manner.

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The Employer and Negative Job References

It’s the rare exception where an employee stays with the same employer for his or her entire working life. Even for upper management positions, an employee typically fills out an employment application in addition to providing a resume. Job applications include sections for employment work history, reasons for leaving past jobs, and a reference section. What happens if you are a former employer and a prospective new employer calls you regarding the former employee’s job performance? What do you say? What if an employee was terminated for violation of company policy, poor performance, etc.? What can you say? What does the law allow you to say?   Read more …

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The Potential Impact of EEOC v. Ford on Commute-Related Requests

If allowed to stand, the Sixth Circuit’s recent decision in EEOC v. Ford, 752 F.3d 634 (6th Cir. 2014), holding that telecommuting may be a reasonable accommodation under the Americans with disabilities Act (ADA) for an employee with Irritable Bowel Syndrome, may have far-reaching consequences for other types of commuter-elated requests from disabled employees. For instance, disabled employees frequently request shift changes or modified start and end times. Until now, many courts have concluded that these accommodations are not required under the ADA, either because the employer has no duty to assist with commuting problems, or because the ability to show up to work at an employer-designated time is deemed an “essential function” of the job. But Ford casts significant doubt on the continuing validity of these conclusions. Read More…

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A Case of Mistaken Identity

The use of independent contractors has become an increasingly common business practice. It affords a business the benefit of workers with specialized expertise, while eliminating administrative burdens typically associated with an employee/employer relationship, such as minimum wage and overtime obligations, payroll taxes, employee benefits, Worker’s Compensation premiums, and the like. However, misclassifying a bona fide employee as an independent contractor – either intentionally or inadvertently – can result in serious consequences, including enforcement actions and liability for back wages, back taxes, and other fines and penalties. Read More…    

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Albrinck Named Five Star Professional

For the fifth year in a row, Jeff Albrinck has been named a Five Star Wealth Manager by Cincinnati Magazine. This designation is given to select group representing less than 2-7% of licensed wealth managers in the Cincinnati area. The Five Star award goes to wealth managers rated highest in overall satisfaction by clients, peers and industry experts. Cincinnati Magazine will publish the list of 2014 winners in their October edition.

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Young v. UPS, the Pregnancy Discrimination Case To Watch

Pregnancy Discrimination and issues concerning reasonable accommodations for pregnant workers is a key topic among employers lately given that several cities and states have recently passed laws requiring employers to provide reasonable accommodations for pregnant workers, even if their pregnancy does not rise to the level of being a disability under state and/or federal law.1 In addition, the Equal Employment Opportunity Commission released new “Enforcement Guidance on Pregnancy Discrimination and Related Issues” on July 14, 2014.

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CBA Recognizes Dave Peck’s Service

David Winchester Peck will be recognized at the  Senior Counselors’ Luncheon on October 17, 2014.  The Cincinnati Bar Association honors attorneys who have been in practice for 50 years or have turned 75 years of age at an annual luncheon. Dave’s primary practice focuses on private dispute resolution. After an extensive career in trial work, he now serves as a mediator for a variety of legal disputes. Dave handles mediation and arbitration of disputes in the areas of employment law, professional liability, construction, engineering, and architectural liability, premises liability, product liability, and bodily and personal injury litigation. Dave is a Fellow of the American College of Trial Lawyers and an Advocate in the American Board of Trial Advocates. He has extensive trial experience in State and Federal courts dating back to 1966. Dave loves to play the trumpet in the New Horizons Concert and Dixieland bands. His wife, Beverly, is less enthusiastic when at home practice is necessary In addition to Dave’s induction, now retired Rendigs attorney Thomas S. Shore, Jr. will also be recognized.   To obtain tickets to the luncheon, please visit the CBA’s website.

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Weisenfelder & Englert Win for Local Municipality

Wilson G. Weisenfelder and James J. Englert recently received a favorable ruling from Judge Flannery in a matter of first impression in Ohio. Judge Flannery granted summary judgment in favor of Hamilton Township and denied plaintiffs’ motion for summary judgment in a taxation matter related to a type-2 expedited annexation. Plaintiffs alleged the Township was without authority to impose a police tax on property annexed into the Village of South Lebanon and which no longer received police protection  from the Township. The Judge ruled that while the property had been annexed into the Village and did not receive police services from the Township, according to the statute, the annexed property remains subject to the real property taxes of the Township. The Judge also granted the co-defendants’ (Auditor and Treasurer) Motion for Judgment on the Pleadings.

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