Monthly Archives: July 2015

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EEOC is Required to Engage in Conciliation Efforts Before Instituting Litigation

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 [...]

2017-10-24T13:31:24-04:00July 15th, 2015|Latest News, Newsletter|

Administrative Agencies Weigh In on Transgender Employee Restroom Use

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 [...]

2017-10-24T13:31:24-04:00July 15th, 2015|Latest News, Newsletter|

NLRB General Counsel Issues Guidance on Workplace Rules

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 [...]

2017-10-24T13:31:25-04:00July 15th, 2015|Latest News, Newsletter|

Court Upholds Termination of DJFS Director Who Was Criminally Charged, Even When the Charges Were Dropped

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. [...]

2017-10-24T13:31:25-04:00July 15th, 2015|Latest News, Newsletter|

Employer’s Effort to Catch Mystery Pooper Violates GINA

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, [...]

2017-10-24T13:31:25-04:00July 15th, 2015|Latest News, Newsletter|

The Supreme Court of Ohio Upholds the One-Time Failure Defense Denying VSSR Award

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 [...]

2017-10-24T13:31:25-04:00July 15th, 2015|Latest News, Newsletter|

OPERS Change to Health Coverage for Re-Employed Retirees Takes Effect January 1, 2016

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 [...]

2017-10-24T13:31:25-04:00July 15th, 2015|Latest News, Newsletter|

UBER Decision a Good Reminder to Review Independent Contractor Relationships

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 [...]

2017-10-24T13:31:25-04:00July 15th, 2015|Latest News, Newsletter|

Construction Corner: Economic Loss Rule in Ohio

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 [...]

2017-10-24T13:31:25-04:00July 15th, 2015|Latest News, Newsletter|