Hahn Loeser & Parks LLP

Supreme Court Blocks OSHA’s Vaccine-or-Test Rule for Large Employers, Upholds Mandate for Healthcare Workers

On January 13, 2022, the United States Supreme Court blocked the emergency standard issued by the Occupational Safety and Health Administration (OSHA) that would have required employees at businesses with 100 or more employees to get vaccinated or submit a weekly negative COVID test.

Supreme Court Blocks OSHA’s Vaccine-or-Test Rule for Large Employers, Upholds Mandate for Healthcare Workers

On January 13, 2022, the United States Supreme Court blocked the emergency standard issued by the Occupational Safety and Health Administration (OSHA) that would have required employees at businesses with 100 or more employees to get vaccinated or submit a weekly negative COVID test.

OSHA Withdraws Emergency Vaccine-Or-Test Rule, Continues to Develop Permanent Standard

On January 26, 2022, the Occupational Safety & Health Administration (OSHA) withdrew its emergency temporary standard (ETS), which required large employers to either mandate vaccination or weekly COVID-19 testing.

OSHA Withdraws Emergency Vaccine-Or-Test Rule, Continues to Develop Permanent Standard

On January 26, 2022, the Occupational Safety & Health Administration (OSHA) withdrew its emergency temporary standard (ETS), which required large employers to either mandate vaccination or weekly COVID-19 testing.

U.S. Department of Labor Announces Overhaul of Prevailing Wage Rules

On March 11, 2022, the U.S. Department of Labor announced a Notice of Proposed Rulemaking to update the rules governing how workers are paid on federally funded construction projects.

U.S. Department of Labor Announces Overhaul of Prevailing Wage Rules

On March 11, 2022, the U.S. Department of Labor announced a Notice of Proposed Rulemaking to update the rules governing how workers are paid on federally funded construction projects.

New Forum for Copyright Small-Claims Disputes Begins Accepting Complaints

Claimants pursuing certain copyright claims may now access a new, more economical, and potentially more expedient alternative to federal-court litigation.

Contracting Issues for 2022

Contractors learned many lessons from 2020-2022 on material/labor availability, price escalation, and contractual allocations of risk.

NLRB Provides Guidance on Non-Disparagement and Confidentiality Provisions in Severance Agreements in Light of McLaren Macomb Decision

The legal world has been reeling since the February 21, 2023 McLaren Macomb decision, in which the National Labor Relations Board (“NLRB” or the “Board”) determined that standard non-disparagement and confidentiality provisions in severance agreements violate employees’ rights under the National Labor Relations Act (“NLRA” or the “Act”).

The Corporate Transparency Act to Take Effect: What Business Owners Need to Know

U.S. companies will soon face new reporting requirements under the Corporate Transparency Act (“CTA”).

The Corporate Transparency Act to Take Effect: What Business Owners Need to Know

U.S. companies will soon face new reporting requirements under the Corporate Transparency Act (“CTA”).

The Corporate Transparency Act to Take Effect: What Business Owners Need to Know

U.S. companies will soon face new reporting requirements under the Corporate Transparency Act (“CTA”).

Business Owners to Face New Federal Reporting Obligations Under the Corporate Transparency Act in 2024

As we approach the end of 2023, nearly all privately owned businesses operating in the United States must prepare for the implementation of the Corporate Transparency Act (“CTA”), a federal law taking effect on January 1, 2024, which requires new information disclosures to be made to the U.S. Department of the Treasury (“Treasury”).

Business Owners to Face New Federal Reporting Obligations Under the Corporate Transparency Act in 2024

As we approach the end of 2023, nearly all privately owned businesses operating in the United States must prepare for the implementation of the Corporate Transparency Act (“CTA”), a federal law taking effect on January 1, 2024, which requires new information disclosures to be made to the U.S. Department of the Treasury (“Treasury”).

Businesses Should Start Preparing for the CTA Now

The Corporate Transparency Act (“CTA”) takes effect January 1, 2024, and brings with it significant new reporting requirements for most privately-owned businesses operating in the United States by requiring the disclosure of a reporting company’s beneficial ownership information (“BOI Reports”) with the Financial Crimes Enforcement Network (“FinCEN”) of the United States Treasury.

Beware! Corporate Transparency Act Scams Target Business Owners

The Corporate Transparency Act (“CTA”) took effect on January 1, 2024, and with it comes new federal reporting requirements for many business owners across the United States.

Department of Labor 2023 Enforcement Report – OSHA Insights

On January 26, 2024, the U.S. Department of Labor’s (“Department”) Office of Solicitor (“SOL”) published its FY2023 Enforcement Report (“Enforcement Report”).

New Insider Trading Precedent: Time To Update Insider Trading Policy

On April 5, 2024, the Securities and Exchange Commission (the “SEC”) obtained a verdict after an eight-day civil jury trial in SEC v. Matthew Panuwat (“SEC v. Panuwat”), in which the SEC alleged shadow insider trading, in violation of the federal securities laws.

Beware Potential Hidden “Warranties” in Contract Documents (Properties Magazine)

Warranties provided to project owners are often some of the most-negotiated provisions in a construction contract.

Beware Potential Hidden “Warranties” in Contract Documents (Properties Magazine)

Warranties provided to project owners are often some of the most-negotiated provisions in a construction contract.

The Federal Trade Commission Issues Rule Banning Most Non-Competes

On April 23, 2024, the Federal Trade Commission voted 3-2 to issue a final rule that bans most worker noncompete agreements.

The Federal Trade Commission Issues Rule Banning Most Non-Competes

On April 23, 2024, the Federal Trade Commission voted 3-2 to issue a final rule that bans most worker noncompete agreements.

Environmental Obligations Hiding in Plain Sight (Properties Magazine)

As many contractors know, whenever doing federal projects there might be a nagging feeling in the back of your mind.

FTC Ban on Worker Non-Compete Agreements Enjoined by U.S. District Court Judge

On July 3, 2024, a United States District Judge for the Northern District of Texas granted a stay and preliminary injunction on the United States Federal Trade Commission’s near-total ban on noncompete agreements.

FTC Ban on Worker Non-Compete Agreements Enjoined by U.S. District Court Judge

On July 3, 2024, a United States District Judge for the Northern District of Texas granted a stay and preliminary injunction on the United States Federal Trade Commission’s near-total ban on noncompete agreements.

Ohio: An Introduction to Bankruptcy/Restructuring (Chambers)

Ohio’s Economic Growth Outpaces Need for Restructuring, But Dark Clouds Remain

IRS Launches Second ERC Voluntary Disclosure Program

Many well-meaning businesses have been victims of unscrupulous promoters of Employee Retention Credits (“ERC”).

Expanding Intrigue of AI in Construction (Properties Magazine)

Artificial Intelligence (“AI”) has roared into the discourse of the new economy.

California’s Proposition 65: 60-Day Notices Target California Restaurants

A recent uptick in Proposition 65 notices of violation have targeted California restaurants.

Using Private Capital for Commercial Real Estate Development

The tightening in lending standards experienced over the last year is attributable to factors beyond credit quality of borrowers and lenders’ concentration in credit risk in CRE.

Staging Your Privately Held or Family Business for Sale: The Benefits of Having a “Paper Trail” in Place

Selling a business often becomes a second full-time job.

How to Prepare for ICE “RAIDS”: Know Your Rights!

In light of the New Administration’s Executive Orders as they pertain to immigration matters, one of the critical issues to address is how US employers and their employees can prepare for any worksite “raids” conducted by ICE.

Impact of Tariffs on Construction Costs (Temporarily Stayed)

President Trump’s prospective assessment of 25% tariffs on certain materials coming from Canada and Mexico, and prospective 10% tariffs on certain material from China, may increase contractor costs in fulfillment of construction contracts.

Using Private Funds for CRE Development Capital

In our last legal alert, we discussed developers using private placements to raise private equity capital as a proactive response to the Commercial Real Estate (CRE) market.

Executive Order 14173: What it Means for Federal Contractors and Subcontractors

Recent actions by the federal government have called into question the use of measures intended to foster diversity, equity, and inclusion (“DEI”) on federal construction projects or projects receiving federal funding.

Executive Order 14173: What it Means for Federal Contractors and Subcontractors

Recent actions by the federal government have called into question the use of measures intended to foster diversity, equity, and inclusion (“DEI”) on federal construction projects or projects receiving federal funding.

Understanding the Impact of AI: Artificial Intelligence, Construction Contracts, and Even More Complicated Disputes (Properties Magazine)

Artificial Intelligence will impact construction in ways that are both predictable and unexpected.

Understanding the Impact of AI: Artificial Intelligence, Construction Contracts, and Even More Complicated Disputes (Properties Magazine)

Artificial Intelligence will impact construction in ways that are both predictable and unexpected.

President Trump’s Gold Card Proposal, a Threat or Addition to the EB-5?

President Trump announced on Tuesday, February 25, 2025, that he intends to offer within two weeks a “Gold Card” giving applicants green card privileges and a path to US citizenship at a price of $5 Million.

Executive Order 14173 Injunction and Updates

On January 21, 2025, President Trump signed Executive Order 14173 titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”).

Executive Order 14173 Injunction and Updates

On January 21, 2025, President Trump signed Executive Order 14173 titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”).

Fourth Circuit Court of Appeals Allows for Enforcement of DEI-Related Executive Orders Pending Appeal

On March 14, 2025, The U.S. Court of Appeals for the Fourth Circuit granted the government’s request to stay a nationwide preliminary injunction.

Fourth Circuit Court of Appeals Allows for Enforcement of DEI-Related Executive Orders Pending Appeal

On March 14, 2025, The U.S. Court of Appeals for the Fourth Circuit granted the government’s request to stay a nationwide preliminary injunction.

Construction Contracts for Manufacturing Facilities

The Federal Government’s recent imposition of tariffs appears designed largely to bring manufacturing back inside the United States.

U.S. District Court Judge Temporarily Blocks Department of Labor from Enforcing Certain Provisions of DEI-Related Executive Orders

On March 27, 2025, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois issued a temporary restraining order blocking the Department of Labor from enforcing certain provisions of Executive Orders 14173 and 14151

U.S. District Court Judge Temporarily Blocks Department of Labor from Enforcing Certain Provisions of DEI-Related Executive Orders

On March 27, 2025, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois issued a temporary restraining order blocking the Department of Labor from enforcing certain provisions of Executive Orders 14173 and 14151

Growing Your Closely Held Business Through Acquisition: Making the Winning Bid

Successful business owners know one tried-and-true method to grow and scale is through acquisition.

Dealing with Tariffs and Executive Orders (Properties Magazine)

The year 2025 is shaping up to be quite the challenging year for the construction industry.

U.S. District Court Judge Grants Preliminary Injunction Blocking Department of Labor from Enforcing Certain Provisions of DEI-Related Executive Orders

On April 2, we reported that Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois had issued a temporary restraining order blocking the Department of Labor from enforcing certain provisions of Executive Orders 14173 and 14151.

U.S. District Court Judge Grants Preliminary Injunction Blocking Department of Labor from Enforcing Certain Provisions of DEI-Related Executive Orders

On April 2, we reported that Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois had issued a temporary restraining order blocking the Department of Labor from enforcing certain provisions of Executive Orders 14173 and 14151.

Department of Justice Rescinds Prior Report About Race and Sex in Federal Contracting

On April 23, 2025, the United States Department of Justice announced that it is rescinding the January 31, 2022 Notice of Report on Lawful Uses of Race or Sex in Federal Contracting Programs (the “2022 Report”).

Department of Justice Rescinds Prior Report About Race and Sex in Federal Contracting

On April 23, 2025, the United States Department of Justice announced that it is rescinding the January 31, 2022 Notice of Report on Lawful Uses of Race or Sex in Federal Contracting Programs (the “2022 Report”).

Update: Making Sense of the Evolving DEI Landscape and its Effects on Federal Contractors and Grantees

We recently wrote about the preliminary injunction entered by the U.S. District Court for the Northern District of Illinois, blocking the Department of Labor from enforcing certain provisions of Executive Orders 14173 and 14151, both of which limit or prohibit federal grants or programs relating to “illegal,” “unlawful,” and “immoral” diversity, equity, and inclusion (“DEI”).

Update: Making Sense of the Evolving DEI Landscape and its Effects on Federal Contractors and Grantees

We recently wrote about the preliminary injunction entered by the U.S. District Court for the Northern District of Illinois, blocking the Department of Labor from enforcing certain provisions of Executive Orders 14173 and 14151, both of which limit or prohibit federal grants or programs relating to “illegal,” “unlawful,” and “immoral” diversity, equity, and inclusion (“DEI”).

DOJ Civil Rights Fraud Initiative Set to Investigate Federal Government Contractors and Grantees

The U.S. Department of Justice (DOJ) launched the Civil Rights Fraud Initiative (the “Initiative”), which was announced on May 19, 2025 via Memorandum from Deputy Attorney General, Todd Blanche, and a related press release (the “Memorandum”).

DOJ Civil Rights Fraud Initiative Set to Investigate Federal Government Contractors and Grantees

The U.S. Department of Justice (DOJ) launched the Civil Rights Fraud Initiative (the “Initiative”), which was announced on May 19, 2025 via Memorandum from Deputy Attorney General, Todd Blanche, and a related press release (the “Memorandum”).

When The CSPA Doesn’t Apply: Orion v. Kaeka and Ohio’s Construction Service Exemption

Case Overview: Orion Mgt., Inc. v. Kaeka, 2025-Ohio-1047 (9th Dist. 2025)

Florida Legislature Increases Employer Protections Through Non-Compete Agreements

On April 24, 2025, the Florida legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth, or CHOICE, Act.

U.S. Northern District of California Grants Limited Preliminary Injunction of DEI-Related Executive Orders

On June 9, 2025, the U.S. District Court for the Northern District of California issued a preliminary injunction in San Francisco A.I.D.S. Foundation, et. al. v. Trump, 25-cv-01824-JST (N.D. Cal.), enjoining three of the nine provisions of Executive Orders 14151, 14173, and 14168.

Grants Limited Preliminary Injunction of DEI-Related Executive Orders

On June 9, 2025, the U.S. District Court for the Northern District of California issued a preliminary injunction in San Francisco A.I.D.S. Foundation, et. al. v. Trump, 25-cv-01824-JST (N.D. Cal.), enjoining three of the nine provisions of Executive Orders 14151, 14173, and 14168.

Department of Justice Issues Guidance on Unlawful Conduct in Executive Order 14173

The Department of Justice recently released a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.”

Department of Justice Issues Guidance on Unlawful Conduct in Executive Order 14173

The Department of Justice recently released a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.”

Government Shutdown and its Effects on US Immigration Matters

Many questions are arising in light of government shutdowns.

Cleveland Salary Transparency Ordinance Takes Effect October 27, 2025

Effective October 27, 2025, Cleveland employers must comply with Ordinance No. 104-2025, which imposes strict requirements on salary transparency and bars inquiries into applicants’ compensation history.

Department of Transportation Issues New Rule Ushering in Major Changes for DBE Certification

n October 3, 2025, the United States Department of Transportation (“DOT”) issued an interim final rule (“IFR”) that fundamentally modifies its Disadvantaged Business Enterprise (“DBE”) program based on its determination that race and sex based rebuttable presumptions in federal contracting are “unconstitutional.”

Department of Transportation Issues New Rule Ushering in Major Changes for DBE Certification

On October 3, 2025, the United States Department of Transportation (“DOT”) issued an interim final rule (“IFR”) that fundamentally modifies its Disadvantaged Business Enterprise (“DBE”) program based on its determination that race and sex based rebuttable presumptions in federal contracting are “unconstitutional.”

AAA-ICDR® Introduces AI Arbitrator to Streamline Construction Dispute Resolution – Great Promise or Reason for Concern?

The American Arbitration Association (AAA-ICDR®) is launching a first-of-its-kind AI arbitrator this November 2025, designed to handle smaller “documents-only” construction disputes.

AAA-ICDR® Introduces AI Arbitrator to Streamline Construction Dispute Resolution – Great Promise or Reason for Concern?

The American Arbitration Association (AAA-ICDR®) is launching a first-of-its-kind AI arbitrator this November 2025, designed to handle smaller “documents-only” construction disputes.

Columbus Joins Other Ohio Cities in Adopting Pay Transparency Ordinance

Columbus’ new pay transparency law took effect on December 3, 2025, but enforcement does not start until January 1, 2027, giving Columbus employers ample time to update their hiring practices.

Until Death Do Us Part: Leveraging the Step Up in Basis (Smart Business)

With the recent increase of the 2026 federal estate and gift tax exemption to an unprecedented and astounding $15 million per person (a whopping $30 million for married couples), the necessity of federal estate tax planning is on the decline.

Living in a Material World: Issues Arising from Sole Source Projects (Properties Magazine)

Whether contractors are involved during early project planning or become involved at the time of bidding when project drawings and specifications have been established, there may be risk factors involved with specified sole-source materials.

U.S. Department of Labor Proposed New Rule Regarding Worker Classification Analysis

On February 26, 2026, the United States Department of Labor proposed a new rule addressing the analysis used for classifying workers as either employees or independent contractors.

U.S. Supreme Court Strikes Down Emergency Tariffs: Construction Implications

On February 20, 2026, the United States Supreme Court struck down the tariffs President Trump enacted under the International Emergency Economic Powers Act (“IEEPA”) against numerous countries.

The 21-Year Clock: Adverse Possession Time is Ticking

Can the Timeframe to Establish Adverse Possession Begin by Mowing Your Neighbor’s Lawn?

AI Users Beware: Information Submitted to AI Systems May Waive the Attorney-Client Privilege and Attorney Work-Product Protection

The construction industry has been quick to integrate AI into its business practices and efficiencies are being recognized.

E-Verify Requirement in Effect for Nonresidential Construction Employers Working in Ohio

As of March 19, 2026, all nonresidential construction contractors, subcontractors, and labor brokers are required to utilize the federal government’s E-Verify program for employees who work on a nonresidential construction project in Ohio.

Executive Order 14398 Further Expands DEI-Related Compliance Obligations for Federal Contractors

On March 26, 2026, the President issued Executive Order 14398, “Addressing DEI Discrimination by Federal Contractors” (the “Order” or “EO 14398”).

Executive Order 14398 Further Expands DEI-Related Compliance Obligations for Federal Contractors

On March 26, 2026, the President issued Executive Order 14398, “Addressing DEI Discrimination by Federal Contractors” (the “Order” or “EO 14398”).

Recent, Quiet Implementation of New I-9 Compliance Standards: US Employers Should Prioritize Preparedness

In March of 2026, U.S. Immigration and Customs Enforcement (ICE) updated its I-9 Inspection Fact Sheet reclassifying certain “technical” and correctable errors as “substantive” violations -significantly increasing the risk of immediate and substantial penalties in the event of an ICE I-9 Audit or Raid.

IBM Agrees to First Settlement of False Claims Act Allegations under DOJ Civil Rights Fraud Initiative

On April 10, 2026, the United States Department of Justice (“DOJ”) announced the first False Claims Act resolution secured under the Civil Rights Fraud Initiative with International Business Machines Corporation (“IBM”).

IBM Agrees to First Settlement of False Claims Act Allegations under DOJ Civil Rights Fraud Initiative

On April 10, 2026, the United States Department of Justice (“DOJ”) announced the first False Claims Act resolution secured under the Civil Rights Fraud Initiative with International Business Machines Corporation (“IBM”).

Sorry, Charlie: Lessons of Family Business Workouts

All businesses, great and small, share one thing in common: there are good times . . . and there are tough times.

AI vs. Humans: Project Risk in 2026 (Properties Magazine)

Many contractors have started using different AI tools in their contract review.

Cuyahoga County Bans Discrimination Based on Hair Style and Texture

This new ordinance bans discrimination based on hair texture and style, if such hair texture or style is “commonly associated with a particular race or national origin.”

Key Moves to Maximize Value When Selling Your Business

The difficulty in deciding to sell your business lies not only in the emotion of turning over a life’s work and a career, but also in the number of complex questions that must be answered

Managing Legal Risk when Implementing AI

Examining the Promise + Pitfalls of Artificial Intelligence in Real Estate + Construction

The Federal Trade Commission Issues Rule Banning Most Non Competes

On April 23, 2024, the Federal Trade Commission voted 3-2 to issue a final rule that bans most worker noncompete agreements. See Fed. Trade Comm’n, Non-Compete Clause Rule, RIN2084-AB74 (Apr. 23, 2024). The final rule, which becomes effective September 4, 2024, provides that it is an unfair method of competition for employers to enter into non-compete agreements with workers.

Beware! Trademark Solicitations

Unsuspecting trademark owners are paying unnecessary trademark “renewal fees” that are not what they seem to be when first viewed.