On April 29, 2015, the U.S. Supreme Court decided the case of Mach Mining v. Equal Employment Opportunity Commission, unanimously holding that courts may review whether the Equal Employment Opportunity Commission (EEOC) has fulfilled its statutory duty to conciliate discrimination allegations. However, the power to review is narrow. A court may act as a factfinder [...]
OSHA: The Occupational Safety and Health Administration (OSHA) recently released new “best practices” guidance regarding restroom access for transgender employees. Citing potential psychological harm to employees not able to use restrooms corresponding with their gender identity, and potential negative health effects of not using workplace restrooms at all, OSHA recommends employers allow employees to use [...]
On March 18, 2015, National Labor Relations Board (“NLRB”) General Counsel Richard Griffin issued a report concerning the employee handbook provisions under the National Labor Relations Act (“NLRA”). His agency investigates and remedies violations of the NLRA, a federal law that governs labor relations in many private companies. Under Section 7 of the Act, employees [...]
FHKA recently received a favorable decision from the U.S. Court of Appeals for the 6th Circuit upholding the dismissal of sex and national origin discrimination claims. In Voltz v. Erie County, Mr. Voltz, a Hispanic male, was promoted over female applicants to the position of Director of the County Department of Job and Family Services. [...]
Beginning in 2012, an unknown number of employees of Atlas Logistics began defecating in Atlas' Warehouse. The defecations occurred numerous times and necessitated the destruction of grocery products on at least one occasion. Atlas subjected two employees to DNA testing to determine if they were the culprits. Neither was the mystery pooper. On May 5, [...]
To establish entitlement to a Violation of a Specific Safety Regulation (“VSSR) award, a Workers’ Compensation claimant must show that there is a specific safety rule (“SSR”) applicable to the employer, that the employer violated that SSR, and that the violation caused the injury. The Supreme Court of Ohio recently held that a one-time failure [...]
The Ohio Public Employees Retirement System (“OPERS”) recently changed the health care coverage for re-employed retirees that will go into effect on January 1, 2016. The changes are in response to federal health care regulations that affect OPERS members who return to work for an OPERS covered employer after they’ve retired. Those re-employed by an [...]
The question of whether drivers for the popular mobile ride-share service Uber are employees or independent contractors has been hotly contested since the founding of Uber in 2009. Uber has consistently characterized its business as a platform that connects people seeking rides with independent contractors. This arrangement is very valuable to Uber, if not necessary [...]
In Federal Insurance Co. v. Fredericks, an Ohio Court of Appeals upheld the dismissal of claims for intangible economic losses, such as lost profits, brought by related, unnamed parties to a construction subcontract. The Court applied the economic loss rule, which prevents recovery in tort of damages for purely economic loss. The case involved a [...]