April 23, 2018

            The three-year wait for new Skill-Based Amusement Machine (SBAMs) rules is over. The Ohio Casino Control Commission is rolling out brand new administrative rules today. SBAMs are defined in O.R.C. 2915.01 but are essentially devices that reward a player for playing games, that require skill, with a prize not more than ten dollars. Ohio law seeks to restrict these games from becoming slot machines in actuality and, therefore, illegal gambling.

            Enforcement of Ohio law and the new administrative code relies on new licensing requirements. Vendors, Operators (Type-B & -C), Type-C Locations, and Key Employees a...

March 9, 2017

     A last will and testament is an important document to have for many reasons. Without one, assets, upon your death, will be divided according to the laws of Ohio. With one, assets you owned at your death will be divided according to your wishes. There are a few life events and changes, however, that can throw a wrench into the most carefully laid plans. If you don’t adjust your will accordingly, there’s a chance your last wishes may be ignored in favor of the default rules. 

     Family. One of the primary reasons for establishing a plan (“estate plan”) for your assets after your death, is to protect your family. In a will,...

January 30, 2017

          When we talk about blended families, we mean a husband or wife who has children from a previous marriage or relationship. Ohio law does not allow a step-child to inherit from a step-parent. Only biological or adopted children may inherit from a parent. If you want to make sure that your child or step-child will receive your assets after you die, you will need an estate plan now.

The simplest way to play for step-children is to prepare and sign a will. In a will, you can specifically designate your children to include step children. Without a will, your assets will be distributed by rules we call “intestate succession.” Thes...

September 20, 2016

The parent and child relationship is a legal relationship that exists between a child and the child’s natural or adoptive parents. Ohio law confers and imposes important rights, privileges, duties, and obligations on this relationship. Parents have asked many reoccurring questions regarding the creation and termination of this relationship. How does this relationship begin? How long does this relationship last? How is this relationship terminated? The answers are codified in Ohio Revised Code Chapter 3111.

In order for a parent/child relationship to exist, the mother must establish maternity by proof of her having given birth the to the child as well as...

August 8, 2016

A crucial part of any estate plan is being prepared for the worst. What happens when you are no longer able to make your own health care decisions? What happens when you are no longer able to make your own financial decisions? Fortunately, there are three kinds of simple documents used to answer these questions: a health care power of attorney, a living will, and a general or financial power of attorney. A Power of attorney is the authority to act for another person in specified or all legal or financial matters.

Along with a will, each person should sign a health care power of attorney and living will. A health care power of attorney is a document that...

June 7, 2016

Associate Attorney Brian Gravunder has been selected for the Dayton Bar Association (DBA) Leadership Development Program – Class of 2016. The program is designed to develop future interest and leadership in the DBA, engage lawyers early in their careers, and to gain a deeper understanding of the benefits of membership. Lawyers are selected for this program on the basis of interest in the bar association, interest in future leadership positions, good standing within the legal community, interest in non-legal community service, and diversity. He and his colleagues will be introduced at the DBA Annual Meeting this Friday, June 10.

May 27, 2016

The Fair Labor Standards Act (FLSA) governs overtime pay as well as minimum wage, recordkeeping, and child labor standards for full-time and part-time workers in the private sector and in Federal, State, and Local governments. We all know what time and half is, but not all employees receive overtime pay for hours worked over forty each week. This is because there are a few exemptions to overtime:  Executive, Administrative, and Professional employees.

On May 18, 2016, the Department of Labor’s final rule on overtime regulations was announced. Three of the most important changes include (1) raising the standard salary level for full-time salaried workers...

February 17, 2016

Contrary to popular thought, estate planning is not only for the rich or the retired. Many of us are concerned with the day-to-day joys and trials of life, but a day will come when we pass on and leave our loved ones behind. A family may suddenly find themselves facing estate planning issues with little to no warning. In those cases, a carefully, thought-out estate plan could mean all the difference in the world to a spouse or children. The following three tips will help a family prepare for worst case scenarios.

  1. Memorialize your last wishes in writing

It is a myth that when you pass away, the state will receive all of your assets. If a person die...

February 11, 2016

We are excited to announce the recent addition to our legal team! Brian Gravunder joined Siemann & Associates, Co. LPA as an Associate Attorney in January 2016. Brian graduated from Ave Maria School of law in 2013. While in law school, he served as Associate Editor (2012) and Editor-in-Chief (2013) of the Ave Maria International Law Journal and worked as an extern at the Charlotte Harbor National Estuary Program. Brian completed his undergraduate studies at the University of Dayton, where he majored in Communications Management and minored in Political Science. He is licensed to practice law in Ohio and in the United States Court for the Southern Distr...

October 4, 2015

Employers are facing increasing scrutiny in the classification and labels of the employees vs. independent contractors. Many employers will rely on their own labels as described or categorized in company handbooks and internal standards manuals. However, this reliance is misplaced, and may open the employer up to legal battle down the road. Most often employees receive more protection than independent contractors on the basis that independent contractors are, essentially, in business for themselves and do not serve at the will of the employer. Independent contractors usually do not receive health benefits, are not subject to FMLA leave, are not subject...

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