13 May

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Department of Health Guidelines for Re-Opening Restaurants and Bars

As dine-in services for Ohio’s restaurants and bars re-open, here are some thoughts about the Ohio Department of Health guidelines for in-restaurant dining. For more information, please see coronavirus.ohio.gov or call your local health department. HEALTHY COOKS AND WAITERS. Increased employee monitoring and training are mandated. Bar and restaurant managers have the responsibility to assure on a daily basis that employees are healthy when they report to work and are monitored throughout their shift if they get sick. MASKED WAITERS. With very few exceptions, restaurant and bar workers must be masked. MASKED DINERS. While masks for diners is recommended, except when eating, diner masks are not required. CLEAN, CLEAN, CLEAN. Health Department regulations have historically required regular cleaning of food preparation and dining areas. With the coronavirus regulations, cleaning requirements are now on steroids. Included in the cleaning requirements is a daily deep clean of the entire establishment and, of course, more frequent hand washing and sanitizing by all staff. SPACE. Besides masks and any smells from frequent cleaning, the major thing patrons will notice is increased spacing between tables. Unless physically separated by a barrier, restaurant tables are required to observe the six feet of social distancing. This will also affect the number of people who can gather around a bar while watching sporting events. For many small establishments, this is going to drastically affect the number of customers who can be seated during mealtime. This will, in turn, affect whether the bar or restaurant is profitable. DEMISE OF SALAD AND BUFFET BARS. While restaurants...

05 May

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Should my Church (or other Religious Institution) Apply for Federal Loans offered during this Pandemic?

Posted by Moriah E. Schmidt

in Business Law

should my church apply for federal loans

By now, you are likely familiar with the SBA’s loans for hard-hit businesses during this national pandemic. All organizations have been impacted in some way by the coronavirus, including non-profit organizations. It is of some relief to hear that non-profit organization can also apply for governmental relief that is available under the CARES Act, such as the Paycheck Protection Program (although it is currently out of funds and no longer taking new applications) and the Economic Injury Disaster Loan Emergency Advance. Through a set of FAQ’s, the Small Business Administration made clear not only that faith-based organizations are eligible to receive financial assistance under the CARES Act, but also attempted to provide some protection from concerns regarding the impact on religious institutions receiving a federal loan. However, these assurances must be taken cautiously. Positives There are several clarifications that these FAQ’s provide that are encouraging for religious institutions, namely: Religious institutions are included in those eligible for the Paycheck Protection program, regardless of whether they provide “secular social services.”There are no special qualifications for religious institutions receiving these funds. The same limitations that apply to other recipients of these loans apply, including that forgiveness will cover non-payroll costs only up to 25% of the total loan. Loans can be applied to pastoral salaries.Organizations retain their autonomy and ability to make decisions, including the right to define the responsibilities of membership and select individuals to perform work (but see the caution below).Non-discrimination provisions, which are an inevitable part of federal grants, are intended to be...

09 April

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So You’re Starting a NonProfit. Here are some FAQs.

Posted by Moriah E. Schmidt

in Business Law

Do you have a mission or vision to positively impact others’ lives? Do you see a need that you believe needs to be met by an organization rather than just on an individual basis? Then you may be thinking of starting a not-for-profit organization (“nonprofit”) to help you make these visions a reality. At the White Law Office, Co., we are committed to helping nonprofits succeed. This blog answers some frequently asked questions related to starting a nonprofit 501(c)(3) organization in Ohio. Stayed tuned to the White Papers for further resources for your nonprofit organization. Is every “nonprofit” tax-exempt? No. It is a commonly misunderstood fact that you are not automatically tax-exempt just because you form a nonprofit corporation under State law! A nonprofit is a type of corporation, formed at the state level by filing Articles of Organization with the Ohio Secretary of State. “Tax-exempt” means a nonprofit corporation has been granted federal tax-exempt status from the IRS. Nonprofit does not mean tax-exempt. What exactly IS a 501(c)(3) corporation? 501(c)(3) refers to a specific section of the Internal Revenue Code governing tax-exempt status. It is one of the 29 types of 501(c) nonprofit organizations. A 501(c)(3) organization is a corporation, trust, or unincorporated association that is “organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes, or to foster national or international amateur sports competition...

07 April

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How To Start a Non-Profit Organization in Ohio

Posted by Moriah E. Schmidt

in Business Law

Starting and operating a non-profit organization can be a little overwhelming. Unfortunately, it can be easy to miss a legal requirement which could jeopardize your organization or your tax-exempt status, if you are also seeking to be tax-exempt. In order to make this process as seamless as possible for you, we’ve put together a shorthand checklist to assist you get your new Ohio non-profit organization off to a great start. Step 1: Name your Organization. This may seem like an obvious step; however, there are certain requirements for naming a non-profit corporation in Ohio. The legal name of your nonprofit corporation must not conflict with any other organization registered in the state. You should make sure the name is available and meets state requirements. Please note, a suffice such as “Inc.” or “Corp.”, is allowable but not required. To search your proposed organization name, go to https://businesssearch.ohiosos.gov Step 2: Recruit Incorporators and Initial Directors. The Incorporators are the people who start your organization. You only need one person to incorporate, who will sign the Articles of Incorporation (See Step 5). Directors, or Trustees, are the people who run the organization and manage its’ corporate affairs. Ohio’s Nonprofit Corporation Law requires a minimum of 3 directors, none of whom are required to be Ohio residents to serve. We do recommend that no more than 49% of your Directors be related by blood or marriage. Step 3: Have your Directors hold a meeting and elect officers. You are only required to have a president, a secretary, and a treasurer,...

27 March

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What is a Grand Jury?

Posted by Thomas D. White

in Business Law, Civil Law, Criminal Law, Family Law, Litigation

In Ohio, juries are generally one of two types: Grand or Petit (from the French for small or short) Juries. Grand juries have longer terms of service and consider many cases. Petit juries all called to try only one case. In this article, we look at the history and function of the Grand Jury. In English legal history, each county had a Grand Jury serving for a term of court (in Ohio a term of court is for 4 months). The King's Judges rode circuits throughout the counties trying to have court in each county at least once per term. Without resident judges, accused persons would often languish in jail for months. The purpose of the Grand Jury was to review the evidence against the accused to see if there was good cause to hold him (the English term is "bind him over to the Sheriff") until the Judge arrived for his trial. The trial would be conducted on the charges or Bill of Indictment issued (the English term is "handed down") by the Grand Jury. The purpose of the Grand Jury was not only to bring indictments against those who probably committed serious crimes but to protect the accused from unfounded or unjust accusations. When a Grand Jury refused to indict a person, they returned "No Bill" and the charges were dropped. The United States adopted the requirement for the Grand Jury in the 5th Amendment to the Constitution, which states: "No person shall be held to answer for a capital, or otherwise infamous...

19 February

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What is the White Law Office Annual Small Business Conference?

Posted by Jordan Stoltzfus

in Business Law, Cultural

The White Law Office Small Business Conference (SBC) began eight years ago with the idea of connecting local business owners, their teams, and entrepreneurs with local resources. We, at White Law Office, firmly believe in the potential of the small business community. We also believe that we have a wealth of talent and resources in our communities that can help small businesses succeed. As navigating the legal, financial, risk management, and regulatory environments around small businesses have become more complicated, we saw a need to provide education and empowerment to local small business leaders. What began with thirty people in a conference room hearing from a handful of speakers eight years ago, has grown into several hundred owners, leaders, managers, and entrepreneurs gathering yearly to hear from a dozen local speakers, teachers, and service providers that have the goal of making their business as successful as possible. The reason we choose local resources to speak and teach at the SBC is because of observations we made attending other business conferences. So many times, we go to a large conference and hear from a recognized speaker, and we feel inspired to make a change. But when we turn to implement the change and have questions, we can't access that speaker. They live halfway across the country, have an entourage of public relations people, and we don't know where to start to reach out to them with our most basic question. The reason we choose local resources is we want attendees of the SBC to know they can...

10 February

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Your Company Needs a Handbook

Posted by Jaime White

in Business Law

Small Businesses are great! I try to shop small businesses and support the local economy as much as I can. I also love the personality of small businesses. They tend to be casual, friendly, and fun. So, when you start talking to them about handbooks, they tend to be apprehensive about adding them to their business. Handbooks feel restraining, unfriendly, and stuffy. In the several years that I have done HR, I have realized that the opposite is true. Handbooks offer freedom within the company. Handbooks set the expectations set forth for the company (this is how we do things here.) Handbooks set the direction or the mission of the company (this is where we are going together). Handbooks set the purpose and values of the company (this is why we do what we do). Employees have the freedom to work within the boundaries of those expectations. Many people do not like the feeling of stepping outside boundaries, especially when the boundaries are unknown. It creates the sense that they have failed. Clearly defining those boundaries allow the employee to move freely without fear that they may be doing something wrong. Handbooks allow for consistency. We have so many things to do daily within our companies. Trying to remember what I told one employee they could do and translating that to another employee can become troublesome. I reference our employee handbook often. It is where I go when I am asked a question about what an employee can or cannot do. The handbook gives me ground to stand on and also assures the employees that I am not showing favoritism or...

Department of Health Guidelines for Re-Opening Restaurants and Bars

Should my Church (or other Religious Institution) Apply for Federal Loans offered during this Pandemic?

So You’re Starting a NonProfit. Here are some FAQs.

How To Start a Non-Profit Organization in Ohio

What is a Grand Jury?

What is the White Law Office Annual Small Business Conference?

Your Company Needs a Handbook

To Trust or Not to Trust

To Trust or Not to Trust, That is the Question…

Planning Prevents Problems

Tips for Trustees

OIL WELL ORDERED PLUGGED

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Woodsfield, Ohio

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