Monthly Archives: October 2016

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Cat’s Paw Liability Now Extends to Co-workers

On August 29, 2016, the United States Second Circuit Court of Appeals issued a 3-0 decision in Vasquez v. Empress Ambulance Service. The Court adopted the “cat’s paw” liability theory and in doing so ruled that an employer can be held liable by the victim when its disciplinary action is influenced by a co-worker’s retaliatory [...]

2017-10-24T13:29:50-04:00October 14th, 2016|Latest News, Newsletter|

“Don’t Tread on Me” Insignia at Work Possibly Racial Harassment

In Shelton D. v. U.S. Postal Service, the Equal Employment Opportunity Commission (EEOC) upheld a 2014 decision by its Office of Federal Operations, which held that a co-worker continuing to wear a hat with the phrase “Don’t Tread on Me” was a cognizable claim of harassment that must be investigated by the employer. The original [...]

2017-10-24T13:29:50-04:00October 14th, 2016|Latest News, Newsletter|

HB 187: Emergency Medical Personnel Now Able to Treat Dogs & Cats in Emergency

The Ohio legislature passed House Bill 187 over the summer, and it recently went into effect on August 31, 2016. House Bill 187 authorizes emergency medical personnel to provide emergency medical services to an injured cat or dog, in the course of an emergency response, before the animal is transferred to a veterinarian. Under House [...]

2017-10-24T13:29:50-04:00October 14th, 2016|Latest News, Newsletter|

State ex rel. Pietrangelo v. City of Avon Lake: Ohio Supreme Court Denies Action and Damages in Police Records Case

On September 13th, the Ohio Supreme Court denied a court action brought to compel a police department to produce records in the case of destroyed police officer incident notes. State ex rel. Pietrangelo v. City of Avon Lake, 2016-Ohio-5725, ¶ 2. Additionally, the court found the claimant was not entitled to statutory damages under Ohio [...]

2017-10-24T13:29:50-04:00October 14th, 2016|Latest News, Newsletter|

Medical Marijuana and the Second Amendment: The Ninth Circuit Upholds Federal Policies Prohibiting Sale of Guns to Medical Marijuana Registry Cardholders

The Ninth Circuit recently decided that a citizen does not have a constitutional right to simultaneously hold a medical marijuana registry card and purchase a firearm. In Wilson v. Lynch, Wilson v. Lynch, No. 14-15700, 2016 U.S. App. LEXIS 16108 (9th Cir. Aug. 31, 2016), the Ninth Circuit affirmed dismissal of an action challenging federal [...]

2017-10-24T13:29:50-04:00October 14th, 2016|Latest News, Newsletter|

Ohio and Twenty Other States File Suit Challenging DOL Authority to Implement New FLSA Overtime Exemption Rules

On September 20, 2016, officials from Ohio and twenty other states filed a lawsuit in the Federal District Court for the Eastern District of Texas seeking an injunction and declaratory relief against the Department of Labor to halt implementation of new rules for overtime exempt “white collar” employees under the Fair Labor Standards Act. The [...]

2017-10-24T13:29:50-04:00October 14th, 2016|Latest News, Newsletter|

Sixth Circuit Affirms in Favor of Richland County Sherriff’s Office in Police Malicious Prosecution Case

FHKAD Attorneys Dan Downey and Paul Bernhart secured summary judgment in a police liability case, France v. Lucas , which was recently affirmed by the Sixth Circuit Court of Appeals. This marks the first time in the Sixth Circuit that the “sham affidavit doctrine” has been applied to a codefendant’s affidavit. The Plaintiffs in this [...]

2017-10-24T13:29:50-04:00October 14th, 2016|Latest News, Newsletter|

EEOC Argues for Title VII Coverage of Transgender and Sexual Orientation Discrimination in Litigation Across the Country

In over a dozen cases in recent years, the Equal Employment Opportunity Commission has advocated for Title VII protection of employees discriminated against on the basis of transgender status or sexual orientation. The applicability of Title VII to discrimination on these bases continues to vary by Circuit, but the momentum appears to be in the [...]

2017-10-24T13:29:50-04:00October 14th, 2016|Latest News, Newsletter|

Workers’ Compensation Retaliation Claims Do Not Require Proof of a Workplace Injury

On July 21, 2016, the Supreme Court of Ohio issued a 6-1 decision that an employee is not required to prove that he/she sustained a work-related injury in order to establish a case of workers’ compensation retaliation. Onderko v. Sierra Lobo, Inc., Slip Opinion No. 2016-Ohio-5027 (July 21, 2016). Ohio Revised Code 4123.90 provides in [...]

2017-10-24T13:29:51-04:00October 14th, 2016|Latest News, Newsletter|

Tips for Employers Implementing the Department of Labor’s New Overtime Regulation:

The new Department of Labor’s (DOL) regulations regarding overtime take effect on December 1, 2016. With this deadline fast approaching FHKAD has compiled some tips for employers: • Employers should examine all current exempt positions to verify that they meet the regulations new salary and duties test. • If current exempt employees do not meet [...]

2017-10-24T13:29:51-04:00October 14th, 2016|Latest News, Newsletter|