Monthly Archives: July 2011

Employment Law Update: Trends, Hot Topics and Top Risks

Employment Law Update: Trends, Hot Topics and Top Risks (Northeast Ohio)
Date: Thursday, July 14, 2011

Employment Law Update: Trends, Hot Topics and Top Risks
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Law Moving in Right Direction for "Half-Time" Method of Calculating Damages in FLSA Overtime Cases

By: John F. Fullerton III and Douglas Weiner

The current prevalence of lawsuits for unpaid overtime compensation under the Fair Labor Standards Act (“FLSA”) by employees who claim they were misclassified by their current or former employer as “exempt” from overtime has been well-documented.  These lawsuits continue to present challenges to employers, not just in terms of the burdens and costs of defending the cases, but in the uncertainty of the potential financial exposure. As our colleagues have previously reported (here and here), there are two methods in which the employees can be compensated for the allegedly unpaid overtime wages in such a case.  Under the FLSA, overtime compensation for non-exempt employees is computed at “a time and half” rate for hours worked in excess of forty in a week.  In appropriate situations, however, when the employees have received a fixed salary for all hours worked (which is frequently what has occurred in a misclassification case because the employer has treated the employees as exempt from overtime), the overtime compensation owed to non-exempt salaried employees can and should be calculated based on the “half-time” or “fluctuating workweek” method. 

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Richard Rosenbaum adds thoughts on Casey Anthony trial, verdict in several publications

Richard L. Rosenbaum

Fort Lauderdale Partner Richard Rosenbaum was interviewed for a story on the recently concluded Casey Anthony murder trial in Orlando. Ms. Anthony was tried for murder in the death of her young daughter Caylee, but a jury found her not guilty. The July 5 article was picked up by the Associated Press and several media outlets including the St. Petersburg Times, ABC, and To read the Associated Press story, please click here.

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Partner Joe Ourth profiled in Chicago Daily Law Bulletin

Joe Ourth

Chicago Partner Joe Ourth was profiled in the July 5 edition of the Chicago Daily Law Bulletin by writer Bethany Krajelis. Ms. Krajelis writes a weekly profile about lawyers who work in the legislature (including lawmakers, lobbyists, and staffers). The article provides an overview of Mr. Ourth’s law and lobbying practices which are focused on the health care field. To read the article, please click here.

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Partner Mark Miller attends 49th Congress of World Archery, reelected to Council of the World Archery Federation

Chicago Partner Mark Miller last week attended the 49th FITA Congress of World Archery, held July 1-2 in Turin, Italy. He  is currently the chair of its Constitution and Rules Committee and was reelected for another four year term as a member of its Council. The World Archery Federation, formerly FITA, is the international governing body of Olympic archery. Mr. Miller is a past president of USA Archery and has been the voting delegate for the United States in past sessions of the International Archery Congress.

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Arnstein team secures important appellate court victory for our municipal client sued for alleged violation of Illinois School Codes

Hal R. Morris

Jenifer H. Caracciolo

Christina E. LutzArthur L. Janura

Chicago Partners Hal Morris and Jenifer Caracciolo, Chicago Associate Christina Lutz, and Hoffman Estates Partner Arthur Janura secured an important victory from the Illinois Appellate Court. In that case, the families of five minor girls, all of whom are special needs students, sued the school where they attended, several teachers and administrators and two municipalities and their respective police officers for failing to prevent the girls from being sexually assaulted over a period of months.
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ILN Today Post

Corporate Update

Shareholder’s tighten grip on the purse strings – new rules on executive remuneration commence

By Matthew Pieterse and Charles Cowper of Gadens Lawyers, Sydney

In the wake of the Global Financial Crisis, there have been renewed calls for tightening of corporate governance policies (and purse strings).  In response, the Government recently passed theCorporations Amendment (Improving Accountability on Director and Executive Remuneration) Act 2011, which took effect 1 July 2011.  read more


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Rebecca M. Kuhns Joins the Government Affairs Practice at McDonald Hopkins Law Firm

Rebecca M. Kuhns Joins the Government Affairs Practice at
McDonald Hopkins Law Firm

Columbus, Ohio (July 13, 2011) – Rebecca M. Kuhns has joined the Columbus office of McDonald Hopkins LLC as an Advocacy Specialist in the business advisory and advocacy law firm’s Government Affairs Practice. She is a non-attorney professional.

Kuhns works with clients to help them achieve their government affairs objectives. For the past five years, Kuhns served as a legislative aide in the Ohio Senate and Ohio House of Representatives, where she worked closely with elected officials, lobbyists and other stake holders during the legislation process. She spent significant time working on a variety of legislative issues, including healthcare, education and economic development.

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Tom Zaino was quoted in "Lower business costs earn state high marks," published by The Columbus Dispatch

McDonald Hopkins’ Member, Tom Zaino, was quoted in the July 2011 article, “Lower business costs earn state high marks,” published by The Columbus Dispatch.

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ILN Today Post

Tax Update

Personal Liability for Company Tax Debts
Draft Legislation – Director Penalty Notices – What you don’t know can hurt you!
By Damian O’Connor, Partner, Gadens Lawyers Brisbane
The Treasury has released draft legislation dealing with changes to the director penalty notice rules announced in the 2011/2012 Federal Budget.
read more….

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