Legal Update – Tracking Company-Owned Vehicles

Last year, Ohio passed a new law regulating the use of tracking devices on company-owned vehicles.  In case you missed it, we are writing to provide you with a brief overview of employers’ rights and responsibilities under this new law, as well as best practices to ensure compliance and protect employee privacy.

Ohio Law (R.C. 2903.216)
Ohio law permits employers to install tracking devices on company-owned or leased vehicles for legitimate business purposes (tracking work-related mileage, workplace safety, etc.). However, employers must:

  • Remove tracking devices before transferring vehicle ownership or at the end of a lease, unless the new owner or lessee provides written consent.
  • Not use tracking devices for unlawful purposes.

Failure to comply may result in potential civil and criminal liability.

Best Practices
To minimize risk and ensure compliance, employers should:

  • Clearly inform employees about vehicle tracking, its business purpose, how data is used, and obtain written, signed employee acknowledgment and consent.
  • Limit tracking and monitoring to work-related activities and business hours.
  • Maintain a written policy defining the scope and limits of tracking.
  • Secure tracking data and limit access to authorized personnel.
  • If personal use of vehicles is permitted, disable tracking during off-hours and/or during personal use.

Key Takeaway
Tracking company-owned vehicles is generally permissible under Ohio law when done transparently, for legitimate business purposes, and in a manner that reasonably respects employee privacy.

Should you have any questions, Attorneys Randall Comer, Shannon Wahl, Benjamin Noll, or any of our other experienced attorneys would be happy to assist you.  Please contact us at (937) 324-5541 or visit www.martinbrowne.com.

The information contained in this legal update is not intended as a substitute for professional legal advice and its receipt does not constitute an attorney-client relationship.

Employment Law Update: The American Rescue Plan Act of 2021

On March 11, 2021, The American Rescue Plan Act of 2021 (“ARPA”) was signed into law and includes key employment provisions of which employers should be aware. 

Please see the attached legal updates regarding the 100% COBRA subsidy that will go into effect on April 1, 2021 and the extended tax credits and benefit expansion applicable to leave under the FFCRA.  

Martin Browne will continue to monitor these situations and provide updates, as appropriate. Our attorneys are on hand to answer your questions and provide guidance on how to navigate these critical issues.  Please contact Shannon WahlRandall ComerSteve McCready, or any attorney in Martin Browne’s Labor & Employment Practice group to discuss how this update may impact your business.

The information contained in this legal update is not intended as a substitute for professional legal advice and its receipt does not constitute an attorney-client relationship.

Virtual Roundtable Features Martin Browne Partner

Shannon L. Wahl, Partner with MBHH and Board Member of the Springfield Human Resource Management Association, lead a virtual roundtable with Clark County HR Professionals on June 5, 2020.  The webinar, hosted by the Chamber of Greater Springfield and SHRMA, provided an opportunity for participants to discuss the current COVID-19 situation, business practices and what may be next.  Ms. Wahl’s HR background gives her unique insight and makes her well-suited to provide practical and legal advice.  Please contact Shannon if she can assist you and/or your business. 

Coronavirus Update – Ohio Amended Substitute House Bill 197

Ohio Amended Substitute House Bill 197

Ohio passed legislation to address the coronavirus pandemic.  Highlights of the new law impacting you and your business include the following:

  • Extends tax filing deadline to July 15;
  • Provides for mail-in ballots for the primary until April 28;
  • Waives the one-week waiting period for receiving unemployment benefits during the COVID-19 emergency;
  • Allows the Director of Job and Family Services to eliminate the requirement that people receiving unemployment must actively seek suitable work;
  • For contributory employers, unemployment benefits paid due to the COVID-19 emergency will be mutualized and thus not charged to contributory employers’ accounts;
  • Ohio Department of Jobs and Family Services will waive penalties for late reporting and payments during the COVID-19 emergency;
  • Prohibits public water systems from shutting off water to customers due to non-payment;
  • Extends the validity of most Ohio-issued licenses to no later than the earlier of either ninety (90) days after the COVID-19 emergency ends or December 1, 2020;
  • Suspends the statutes of limitation for criminal and civil actions, as well as time requirements for jury trials in criminal cases, as well as juvenile, domestic relations, and general civil matters; the suspension ends the earlier of either the end of the COVID-19 emergency or July 30, 2020;

Martin Browne, will continue to monitor these situations and provide updates as necessary. Our attorneys are on hand to answer your questions and provide guidance on how to navigate these critical issues.  Please contact Shannon Wahl, Randall Comer, Steve McCready, or Dina M. Cary  of Martin Browne’s Labor & Employment Practice group. 

This post is not intended as a substitute for professional legal advice. If you have any questions about this information, please contact an attorney at Martin, Browne, Hull & Harper, P.L.L. at 937-324-5541.

Employment Law Update: HR 748, Coronavirus Aid, Relief, and Economic Security Act (CARES)

HR 748, Coronavirus Aid, Relief, and Economic Security Act (CARES)

Here is the third major piece of federal legislation enacted to address the coronavirus pandemic. Below are highlights of the new law that may affect you, your businesses, and your employees now, soon, and later.

Now:
• Can defer paying fifty percent (50%) of Social Security payroll tax due for 2020 and 2021.
• Can immediately monetize tax losses.
• Extends the federal tax filing deadline to July 15.
• Foreclosure of federally-backed home mortgages blocked for at least 60 days.
• Evictions banned at properties connected to the federal government.

Soon:
• Small Business Administration (“SBA”) loans and grants that apply to businesses negatively affected by the coronavirus and Covid-19, including but not limited to, hotels, restaurants, and non-profits.
o Provides $350 billion in small business loans for businesses with less than 500 employees, including self-employed, to pay for payroll, rent, and utilities; loans become grants if loans are used as such (maximum loan of $10 million).
o Increases SBA Express loans amounts from $325,000 to $1 million and reduces time to receive loan.
o Increases eligibility for Economic Injury Disaster Loans (“EIDL”), including to sole proprietorships and private non-profits; removes requirement for loan guarantees on amounts less than $200,000; authorizes $10,000 advance when qualified and requested, which may not require repayment.
• Allocates $150 billion to support hospitals and healthcare workers; outlines accelerated payments for rural hospitals and those serving vulnerable populations (i.e., children’s hospitals) when elective procedures are suspended.
• Large employers can receive loans from the Secretary of the Treasury.
o $454 billion available, with conditions, including:
– Must keep 90% of workforce through September and no outsourcing or moving overseas for two years.
– May not break union agreements and must stay neutral if union attempts to unionize.
– Executive pay and benefits limited; no ability to repurchase stock or pay dividends.
• Tax rebate checks of $1200 per adult whose most recent Adjusted Gross Income is no more than $75,000 (filed singly), $112,500 (filed as head of household), or $150,000 (filed married jointly). Payment amount decreases as AGI increases above the limits. Qualifying adults will receive $500 per child under age 17 for whom a child tax credit was claimed on most recent taxes. This is a tax credit for 2020.
• Increased unemployment eligibility, maximum time to receive unemployment (39 weeks v. 26 weeks), payments increased by $600 per week. Freelance and contract workers may receive benefits.

Later:
• Fifty-percent (50%) employee retention tax credit against what employers pay in Social Security payroll taxes, up to $10,000 per employee.

Martin Browne attorneys are on hand to answer your questions and provide guidance on how to navigate these critical issues. Contact us at (937) 324-5541 or www.martinbrowne.com.