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Employment Law: US Supreme Court holds that discrimination based upon status of being gay or transgendered is prohibited

Author By Matthew S. OkiishiPosted on

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: Media wrap for today’s Kalahari win

Author By Christopher P. FinneyPosted on

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:

Bankruptcy Law: Basics of Ohio Chapter 7 Bankruptcy

Author By Susan Cress BrowningPosted on

 

Attorney Susan Browning

 

This blog addresses the basics of a Chapter 7 bankruptcy filing. It is the first in a four-part series covering Chapter 7, Chapter 13, Chapter 11 and Subchapter V.

In today’s economic climate, you may find yourself experiencing a financial downturn, whether it stems from the COVID-19 crisis, the current political unrest or is something you have been struggling with for some time. The bills are stacking up, late fees are being assessed, minimum payments are increasing, and you can no longer keep up. In addition, creditors are contacting you constantly and possibly lawsuits are being filed. You need to take some action, but where do you begin? This blog series is designed to give you some preliminary information regarding the different types of bankruptcy. You can stop the harassing phone calls and letters by contacting a bankruptcy attorney at Finney Law Firm.

Part One: Basics of Chapter 7

Chapter 7 bankruptcy can eliminate or “discharge” most, if not all, of your unsecured debt and put you back on the track to financial stability. Although some exceptions exist, generally you can get rid of credit card debt, unsecured loans, medical debt, overdue utility bills, as well as contractual obligations. There are certain debts that cannot be discharged in bankruptcy including recent taxes, student loans and domestic support obligations.

Most importantly, the bankruptcy court puts in place an “automatic stay” that prevents creditors from contacting you or taking any action to collect from you.

Upon filing bankruptcy, you must list all your assets, all your unsecured and secured debts, as well as all your monthly income and expenses.

Chapter 7 bankruptcy is a “liquidation”. As frightening as that term sounds, most clients escape a chapter 7 without any assets being collected and sold. The first step is to assess what assets you own and determine their value. If there is a lien on the property, we would examine if there is any value above and beyond the amount that you owe. This figure would be your equity. Pursuant to state law, certain types of assets are protected or “exempt” up to an allowed amount. If your equity does not exceed that amount, that asset is exempt property and is safe from liquidation.  To the extent the equity exceeds the state law exemption the asset would be nonexempt property and subject to turnover to the bankruptcy trustee

When filing Chapter 7 bankruptcy, a debtor must qualify financially. You must be below a certain income level for your household size as provided by the Census Bureau and IRS . This is calculated using the last six months of income to average your monthly income. Even if you exceed this income level, the court will take into account your necessary and reasonable monthly expenses to determine if the income is offset to the extent that there is very little left over to pay your unsecured creditors.  If your income exceeds your reasonable expenses  you may examine filing a chapter 13 bankruptcy which is a repaint plan over a period of time.

In addition to this preliminary income requirement, there will be an inquiry into your recent financial history. You will disclose certain transactions that have occurred over the last several years. You will provide information including, but not limited to, income, transfers of property, payments made to creditors and family members, and association with any businesses.

How to move forward

If you have made a decision to move forward, I will conduct an initial consultation to determine if you are a candidate for bankruptcy, a follow-up meeting for document and information gathering, as well as an appointment to  review and sign the bankruptcy forms included in the voluntary petition. You will also attend a brief hearing with me by your side in front of a bankruptcy trustee. The trustee’s role is to review your petition to determine if you have any unprotected, non-exempt property to distribute to creditors. If so, the trustee will collect and sell the asset and distribute proceeds to the creditors. If no assets are available for distribution the trustee will note it on the docket. The creditors will then have 60 days to object to discharge of your debts. If no creditors object in that timeframe, you will receive a discharge by mail and the case closes a short time after.

Of course, there are many more facets to Chapter 7, but this covers the topic with very broad strokes. Future blogs will delve deeper into individual issues. Part 2 of this blog series will cover the Basics of Chapter 13 and will be released soon.

Please contact Susan Browning at Finney Law Firm, 513.943.6650, to determine if bankruptcy is the right option for you. Remember, the initial consultation is free.

Ohio Real Estate Law: Finney Law Firm files suit to force Hamilton County evictions to proceed promptly

Author By Christopher P. FinneyPosted on
Hamilton County Court House

The COVID-19 crisis has created a series of delays in civil and criminal cases.  One of those casualties has been residential evictions in Hamilton County.

The problem

No evictions hearings have been held since March 15, and the earliest they are scheduling new hearings at present is July 28. This means not only that landlords can’t clear their properties of tenants who won’t pay rent, but also that tenants who deal drugs, damage property — or even worse criminal behavior — can stay in possession now for more than five months before the landlord can have a hearing to restore possession of the property to him.

Suing the Judges

Finney Law Firm has initiated a relatively unused action — for a Writ of Procedendo — to force the Hamilton County Municipal Court Judges to proceed with forcible entry and detainer actions. The Complaint, captioned State Ex rel. Salvador Properties v. Judge Heather Russell is here.

Other counties

Below is what our research has shown other counties currently are doing (note “per normal” noted below means you can timely get a decision in an eviction case; there may be modified procedures and hours to accommodate the crisis):

  • Butler County: Holding hearings per normal;
  • Warren County: Holding hearings per normal;
  • Clermont County: Holding hearings per normal;
  • Franklin County (Columbus): Holding hearings per normal;
  • Montgomery County (Dayton): Holding hearings per normal;
  • Summit County (Akron and all Municipal Courts): Holding hearings per normal;
  • Lucas County (Toledo): Holding hearings per normal;
  • Mahoning County (Youngstown): No hearings being scheduled; and
  • Cuyahoga County (Cleveland and all Municipal Courts): Cleveland and Cleveland Heights are holding hearings after 6/15/20 and 6/17/20, respectively, and other Municipal Courts (Shaker Heights and Berea) are holding hearings per normal.

So, of surrounding counties and Ohio’s major urban counties, only Mahoning (Youngstown) and two of four Municipal Courts in Cuyahoga County are further delaying eviction hearings for COVID-19 issues. Other than Youngstown with no hearings being scheduled at all, Hamilton County presently is the worst in the State for scheduling eviction hearings.

Conclusion

This suit is one in a series of actions initiated by Finney Law Firm to re-open Ohio business and Courts that have been closed under the COVID-19 crisis. For more information, contact Chris Finney (513.943.6655).

Bankruptcy Law: CARES Act and how it affects your bankruptcy case

Author By Susan Cress BrowningPosted on
Attorney Susan Cress Browning

The Coronavirus Aid Relief and Economic Security Act (CARES Act) was enacted on March 27, 2020 in response to the dramatic impact COVID-19 has had on the economy.  In particular, there are several provisions that provide relief for current and future consumer and business bankruptcy debtors.

Stimulus payments are not “income”

The first of these provisions provides that economic impact payments provided to debtors from the government due to COVID-19 is not to be considered income for the purposes of calculating current monthly income or for calculating disposable monthly income for a chapter 13.  These funds will not cause you to be disqualified from Chapter 7 or increase your payback in a Chapter 13.  The practical reason for this is that these are funds that will not be received on a regular basis and therefore should not be considered as regular income for the debtor.

Chapter 13 plans may be modified to extended

Additionally, if you are in a Chapter 13 case that was confirmed prior to enactment of the CARES Act, you may file a motion to modify your bankruptcy plan to extend your plan up to seven years from the date of confirmation.  The debtor must be able to show a “material financial hardship” due to the COVID-19 crisis.  The concern with this provision is, what aid is available for the debtor who has filed but has yet to have their case confirmed?  They are certainly not immune from the financial crisis that has befallen our community.   It is possible that lawmakers will take up this issue, recognizing this limitation will impact many chapter 13 debtors.

New Small Business Reorganization Act

For those businesses who have struggled during this crisis, the CARES Act sought to boost the benefits afforded by the recently enacted Small Business Reorganization Act (SBRA).  The Act increases the debt limits created by the SBRA from $2.725 million to $7.5 million.  This will be a significant boon to those businesses that were previously unable to benefit from the SBRA provisions and have now been affected by the COVID-19 downturn in the economy.

The benefits of the CARES Act will only be available, per the Sunset provision of the Cares Act, for one year from enactment.  The concern is that this pandemic will have lasting effects that extend well beyond this timeframe and one year will not be long enough to provide a meaningful benefit to bankruptcy debtors.

Health and Economic Recovery Omnibus Emergency Solutions Act

In further efforts to restore our nation’s economic balance, the House passed legislation called the HEROES Act (Health and Economic Recovery Omnibus Emergency Solutions Act).  The goal of this law is to prevent discrimination against bankruptcy debtors who request hardship assistance from creditors, increase debt limits for Chapter 13, and allow debtors additional time to catch up mortgage arrearages in Chapter 13.  This legislation is expected to stall in the Senate.

Conclusion

We will update this once new information becomes available.

Call Finney Law Firm to set a convenient consultation with Susan Browning, 513-797.2857. We now also offer telephone and virtual FREE CONSULTATIONS.

 

Constitutional Law: Media wrap on today’s big win overruling Dr. Amy Acton and opening Ohio’s gyms

Author By Christopher P. FinneyPosted on

Finney Law Firm, attorney Curt C. Hartman and the 1851 Center for Constitutional Law won a great victory for Ohio citizens today when Judge Eugene Lucci of Lake County Common Pleas Court ruled unconstitutional the broad rule-making by Governor Mike DeWine and Dr. Amy Acton (Director of Ohio Department of Health) that has shut down Ohio businesses and locked people in their own homes.

The specific ruling today addressed re-opening Ohio gyms and fitness facilities, but the reasoning in the decision broadly finds all of Dr. Acton’s orders are unconstitutional. Read about that here.

Here is a wrap of today’s media coverage of this landmark decision:

I want to recognize the outstanding legal strategizing and implementation of Maurice Thompson of the 1851 Center for Constitutional Law, Curt Hartman, and Julie Gugino and Rebecca L. Simpson of this firm in this case. They did simply outstanding work on a series of cases holding Dr. Acton’s feet to the fire as to her authority (or lack thereof) to shut down businesses and incarcerate residents throughout Ohio during the COVID-19 crisis.

These attorneys have caught the vision of the Finney Law Firm to use our law licenses to “Make a Difference” for our clients and community with our legal work.

Ohio Real Estate Law: Hamilton County delays property tax bills

Author By Finney Law FirmPosted on

Hamilton County property owners will get some measure of relief in the form of a 25 day delay for payment of the second half property tax bills.

Property owners who pay taxes as part of their monthly mortgage payment will not notice any difference, but property owners who normally pay their tax bill by June 22, will have until July 17 to make that payment.

As reported by the Cincinnati Enquirer, Hamilton County Treasurer Robert A. Goering noted that the delay is necessary in part due to the fact that taxpayers cannot get into the Treasurer’s office to make a payment:  “We have to balance the needs financially of the county and the needs of the individual taxpayer. And we have to balance that against the reality that, right now with this crisis, you can’t actually get to the treasurer’s office.”

Thus far, we are unaware of any other local counties who have delayed the property tax bills. We will update this post if any other counties join Hamilton County.

Warren County will continue with its normal tax bill due date of July 29.

Clermont County property tax bills are due July 8.

Butler County property taxes are due August 3.

In Kentucky, the deadline to initiate a property valuation appeal has been extended to begin on July 6 and end on July 20.

Leadership Lessons: Small businesses need positive leadership, now more than ever

Author By Jane SchultePosted on
Finney Law Firm Business Manager Jane Schulte

Small businesses are faced with unprecedented times with the advent of the COVID-19 pandemic.  For those that were not shuttered by state government orders, there are many struggling to determine how to adjust to the new normal.  If you were fortunate enough to have been able to take advantage of the Paycheck Protection Program to get through eight weeks of operation, that provides you with some time, albeit short, to begin to think of new and creative ways of doing business now and in the future.  Those who are agile, innovative, collaborative and amenable to change have the best chance to not only survive but thrive.

Respond with courage

Courage is not the absence of fear — it’s inspiring others to move beyond it

~Nelson Mandela

Being a courageous leader is more important now than ever before.  Being willing and able to lead your employees through the fear that plagues almost everyone in our current environment is one of the keys to creating the platform from which to re-launch.  Just as a child takes his cue from his parents as to how he or she is supposed to feel and behave when they are frightened, so must small business leaders understand that their behavior at this time either creates an atmosphere of fear or one of hope.

A high emotional quotient, coupled with self-awareness each day as to how your words, body language and deeds affect your team is imperative.  Fearful people become immobilized and unable to think straight, problem solve and generate high-quality work.  But those who follow a confident, positive and encouraging leader will quickly get on board, adopt the same positivity and row the boat along with their team in the same direction to maximize successful results.  Some days it is hard to maintain an air of positivity, especially when the 24/7 news continues to paint bleak pictures both from a health and an economic standpoint.  Still, it is critical in order to explore a path forward.

Making changes

The secret of change is to focus all your energy, not on fighting the old, but on building the new

~Socrates

Here are a few things to consider on how to stand on solid footing going forward:

  • Review all expenses, large or small, to find areas of reduction or elimination. You would be surprised how many decisions you made years ago when times were good that no longer serve you well.  A few to consider are:  Payroll processing fees/platforms; shopping all lines of insurance through different carriers; subscriptions, associations and membership dues; office supply and equipment vendors; and evaluation of current marketing expenses and their return on investment.
  • Implement technology that allows for all work to be done and saved in the cloud.  Those relying on an on-site server and hard drives and backups for document production and storage are not only prone to cyber-attacks, but also are limited in the amount of work they can do remotely.
  • If your lease is coming up for renewal, you can save money by adopting the new way of “officing.”  We have found through this crisis that employees can be very productive working remotely if 1) they are given the right technology tools; 2) they are given the opportunity to prove accountability and productivity; and 3) they utilize tools such as Microsoft Teams, Zoom and Skype to connect with their co-workers and managers on a regular basis so they do not lose sight of the teamwork approach that makes all small businesses successful.
  • Look at your products and services and evaluate them with a futuristic lens.  Will they be wanted and needed in the short term, the long term or at all?  Can they be revamped and repackaged?  Are there additional products and/or services will that prove more useful? Can you create new lines of business that could naturally stream from what you currently offer?
  • Consider opportunities with complementary businesses to explore consolidation to become stronger, more diversified and present an improved presence in your market space.

They say necessity is the mother of invention and we have seen that be true throughout the history of America.  If you continue to run your business the way it was run in the past, you may get run over by competition that was nimble and changed their processes, procedures and service offerings to what people need now, versus what they needed in the past.

Conquer fear

Keep your fears to yourself but share your courage with others

~Robert Louis Stevenson

Fear is a very powerful driver.  It is a very scary time for all of us.  But these are also defining moments.  A time for us to collaborate and retool.  Be a change agent to inspire and lead your team to newfound success!

Conclusion

If your small business needs assistance for its non-legal operations relating to cost savings, increased efficiencies and leadership strategies, contact Jane Schulte (513.727.2855).

Constitutional Law: Wall Street Journal features Finney Law Firm law suit against Dr. Amy Acton to provide due process hearings to Ohio businesses

Author By Christopher P. FinneyPosted on

Saturday’s Wall Street Journal featured the lawsuit filed by the 1851 Center for Constitutional Law‘s and Finney Law Firm‘s suit against Dr. Amy Acton and the Ohio Department of Health for their failure to provide due process hearings for businesses forced to close under her Emergency COVID-19 Pandemic Orders. The client seeking relief in the lawsuit is Tanya Rutner Hartman and her business, a bridal shop, Gilded Social, LLC.

A link to the article is here.

A link to the original Complaint is here.

For more information, contact attorney Christopher P. Finney (513.943.6655).

 

Paycheck Protection Program: SBA sends message that large companies should pay back PPP funds if they didn’t really need them

Author By Rebecca L. SimpsonPosted on

When the Paycheck Protection Program (“PPP”) ran out of funds last week, many of our nation’s small businesses hardest hit financially by COVID 19 were left without relief.  And, reports that hundreds of millions of PPP dollars when to large, publicly traded companies led to strong criticism of the program.  Over the last few days, we’ve learned that Ruth’s Chris Steak House, Potbelly, and even Harvard got millions of dollars in PPP funding.

New guidance

On the heels of attacks over this use of PPP funds, the U.S. Small Business Administration (SBA) has issued new guidance that sends a strong message that PPP funds secured by large companies that don’t really need the money may need to be paid back.

The SBA added the following question today to its “Frequently Asked Questions” document: Do businesses owned by large companies with adequate sources of liquidity to support the business’s ongoing operations qualify for a PPP loan?

You can read the full answer here (see question 31).  In summary, the answer reminds us that as part of the application process all PPP borrowers must certify in good faith that “[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.”

Successful public companies likely cannot make good faith certification of need

The answer to the FAQ also points out that it is unlikely that “a public company with substantial market value and access to capital markets” is able to make that certification in good faith.  According to the guidance, if such a company does make that certification, it needs to be prepared to provide the SBA with a basis for the certification.

What if such company already took PPP money?

Finally, the answer to the FAQ gives direction on what a company should do if it already made a certification of need that may not be supportable.  Essentially, it needs to pay the loan back by May 7, 2020:

“Any borrower that applied for a PPP loan prior to the issuance of this guidance and repays the loan in full by May 7, 2020 will be deemed by SBA to have made the required certification in good faith.”

Conclusion

Finney Law Firm will continue to provide updates as more guidance is given by the SBA on the Paycheck Protection Program.  If you have questions about the PPP, please feel free to contact Rebecca L. Simpson at 513.797.2856.

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