Jan
18
2012

Ohio’s Habitual OVI Offender Statute

In September of 2008, the State of Ohio, enacted legislation requiring The Department of Public Safety to establish a registry for Ohio’s habitual OVI offender’s. A habitual offender is anyone who has been convicted of five (5) or more OVI offenses within the proceeding twenty (20) years. This registry is intended to serve as a [...]

Jan
13
2012

DOL Proposes Overtime Pay for Home Healthcare Workers

The Bureau of Labor Statistics (“BLS”) projects that home health aid jobs will increase nearly 50% between the years 2008 and 2018. In 2008, BLS found the median hourly wage of home health care services employees was only $7.94. Many home healthcare employees spend significant time traveling between visits for which they are not compensated, [...]

Dec
8
2011

BMV Reinstatement Fees Can Be Discharged in a Bankruptcy Proceeding

If your license has been suspended by the Bureau of Motor Vehicles and you are struggling to pay the reinstatement fees to get a valid license you may obtain relief through a bankruptcy proceeding. The Ohio Revised Code in §4510.10 states that reinstatement fees are debts that may be discharged in a bankruptcy proceeding. In [...]

Dec
5
2011

It Can Happen To You!

Second Installment of a Series As we were still in a state of shock, one of our neighbors started calling around to see if there were any hotel vacancies that night so that my family and I would have a place to sleep.  As it was I didn’t get much sleep that night…. We ended [...]

Nov
28
2011

Does More Earnest Money Demonstrate More Good Faith?

To say that purchasing a home is a big investment is a bit of an understatement. Unfortunately, too many purchasers take the offer process too lightly and don’t understand all of the provisions in the purchase agreement. A good buyer’s realtor is the key to protecting you from making major mistakes. This problem recently came [...]

Nov
2
2011

A Compelling Reason to Vote

Election Day is upon us and I urge you to vote on November 8th or early vote and to vote NO on Issue 2. If you would like to vote early you may do so this week at your local Board of Elections: We Are Ohio – Action. Issue 2 is the referendum on Senate [...]

Oct
24
2011

OVI Convictions and the Expungement Process

I am often asked if an operation of a vehicle under the influence (OVI) offense can be expunged like other criminal offenses.  Generally a criminal offense can be expunged if the offender has no prior or subsequent offenses on his or her record.  This rule however does not apply to OVI convictions.  The Ohio Revised [...]

Oct
24
2011

It Can Happen to You!

I usually try to post on our General Practice blog every 3 weeks.  If you follow our blog, you will notice that I have been absent from our General Practice rotation over the past month or so. It’s not that I have been unable to find happenings in the law to comment on.  It’s not that I [...]

Oct
22
2011

DOL Granted Judgment for Misclassified Independent Contractors Seeking 1.6 Million in Damages

The United States Department of Labor issued a press release announcing its victory in a suit filed to recover overtime wages for over 250 installers.  The installers were employed by Cascom, Inc., which provides residential cable television, Internet and telephone installation services for Time Warner in the Dayton, Ohio area.  As in the Cascom case, [...]

Oct
11
2011

Law Enforcement Officers Must Use Radar

The legislature for the State of Ohio recently passed a law which re-establishes the requirement that a law enforcement officer cannot issue a speeding citation without the evidence provided by a radar device (Section 4511.091(C) of the Ohio Revised Code). A law enforcement officer can still testify that a motorist was traveling in excess of [...]

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