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Ohio Supreme Court To Hear Appeal on Residency Bill
We are pleased to announce that the Ohio Supreme Court has accepted the Ohio Attorney General’s request for an appeal of House Bill 180, the residency bill that passed the Ohio legislature in 2016. Please see the following announcement by the Court:
Today, the Ohio Supreme Court accepted a discretionary appeal of the State, requesting to overturn a Court of Appeals’ ruling that the City of Cleveland could implement a local employment requirement contrary to Ohio statute. In 2003, the City of Cleveland passed an ordinance requiring that a minimum of 20% of total construction work hours be performed by Cleveland city residents.
This limitation in particular impacts design professionals and construction contractors not based in the City, preventing the companies from participating in City construction projects. In 2016, the General Assembly passed Revised Code 9.75, which invalidates any such local hiring preference. “No public authority shall require a contractor, as part of a prequalification process or for the construction of a specific public improvement or the provision of professional design services for that public improvement, to employ as laborers a certain number or percentage of individuals who reside within the defined geographic area or service area of the public authority.”
The Cuyahoga County Court of Appeals held that the statute violated local Constitutional Home Rule authority, on the basis that Constitutional Home Rule empowered the City ordinance to take precedence over the state statute, as a matter of local governance. “It is readily apparent that R.C. 9.75 is no more than an attempt to preempt powers of local self-government and to restrict the contract terms between public authorities and contractors who choose to bid on local public improvement contracts”, stated the Court. The State of Ohio appealed to the Ohio Supreme Court in a discretionary appeal. The Ohio Contractors Association (highway construction) filed an amicus curiae brief in support of reversal.
The case is City of Cleveland v. State of Ohio, 8th Dist. Cuyahoga, 2017-Ohio-8882; Supreme Court case No. 2018-0097. OCA will be providing an amicus brief to the Ohio Supreme Court in support of the law. Several other groups are also expected to provide briefs in support of the law. Briefs will be due within 40 days from the date the Clerk of Courts files the record from the Court of Appeals. The Clerk of Courts has just ordered the transmittal of the record from the Cuyahoga County Court of Appeals. The 40 day clock has not yet started ticking, but will shortly.
Workers Comp (MCO) Open Enrollment Now Underway
Every two years, the Bureau of Workers' Compensation holds an open enrollment period for the selection of a Managed Care Organization (MCO). The OCA confidently recommend CompManagement Health Systems (CHS) to our members. CHS has made a major contribution to the workers’ compensation benefits we offer members. CHS' consistent and reliable performance validates our confidence. While CHS has grown at a rate of over 2 ½ times their nearest competitor through Open Enrollments over the past 8 years, it is their industry-leading client retention that is the true measure of value that CHS provides their clients. Simply put, as Ohio employers continue to make the move to CHS, they discover a level of service that validates that decision. Click here to read this article in its entirety.
ODOT announces DBE MSV Informational
On Tuesday, June 12, ODOT will be holding a “DBE Bootcamp Orientation” from 10:00 a.m. to noon at ODOT Central Office to provide information on the upcoming changes to procedures regarding DBE Material and Supplies Vendors (DBE MSVs). Prime contractors and DBE MSVs are encouraged to attend. For more information and to register for the event, click here.
Employment of Young Workers
By, Robert Dunlevey, Esq.
With summer often comes employment of young workers. This answers many of the common questions about restrictions imposed by state and federal wage-hour laws. In general, the type of work that a minor may perform is related to the youth’s age, the nature of the work and schooling status. State and federal laws vary somewhat so pay attention to your state’s regulations. Click here to read more.
ODOT Schedules Aditional Work Type 57 - Concrete Sealer Training
Members who are interested in having the required concrete sealing oversight training are encouraged to attend the additional classes that have been set up by ODOT. For more information and to register, click here.
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