Extract to table

As substantially all of the Transferring Employees are located in Ohio, Meridian must comply with Ohio wage payment requirements, final pay statutes, and other state-specific employment regulations

The Transferring Employees' coverage under Briarwood's plans will terminate as of the Closing date (or such other date as the parties may agree), and Meridian must provide comparable health and welfare coverage to the Transferring Employees effective as of their start date with Meridian to avoid a gap in coverage

Although Ohio does not have a statute that specifically mandates the payout of accrued vacation upon termination, Ohio courts have held that accrued vacation constitutes earned wages that must be paid upon separation if the employer's policy or practice provides for such payout

The treatment of accrued PTO must be addressed in the APA

If Meridian anticipates that it will not offer employment to all Transferring Employees — for example, if certain positions will be eliminated or consolidated post-Closing — 60 days' advance notice must be provided to the affected employees

Meridian must file an amended H-1B petition (Form I-129) for each H-1B employee, along with a new Labor Condition Application ("LCA") certified by the Department of Labor