On January 7, 2012, Officer Lawrence Reynolds of the Irvington, NJ Police Dept. was on an extra-duty assignment to provide security at a local Burger King. At about 11 p.m., township sergeants arrived at the restaurant to follow up on a patron’s report that the officer was fast asleep in his police cruiser in the [...]
The United States Department of Labor (USDOL) recently ruled in favor of Area 7 Workforce Development Board’s appeal to the department challenging the State of Ohio’s denial of initial area designation under the federal Workforce Innovation and Opportunity Act (WIOA). WIOA was signed into law in July, 2014 and supersedes the Workforce Investment Act of [...]
Recently, Senate Bill 301 was introduced in the Ohio Senate. This proposed legislation would enact a new provision in ORC §4113.12. Under this proposal, employers would be obligated to reasonably accommodate a pregnant employee so long as such accommodation does not create an undue hardship. Under the statute, a reasonable accommodation would include, but is [...]
Senate Bill 27 is scheduled to have its fifth hearing, along with a possible vote in the near future. This Bill addresses firefighters who have cancer. The legislation explicitly states that a member of a fire department under the Police Fire Pension Fund who has been assigned to at least three years of hazardous duty [...]
Title III of the Americans with Disabilities Act (ADA) of 1990 prohibits disability discrimination in places of public accommodations. 42 U.S.C. § 12182(a). Under the law, establishments such as restaurants, hotels, retail / shopping centers, health care providers, private schools, daycare centers, parks, etc., must have facilities that are accessible to persons with disabilities. While [...]
A group of nonunion teachers in California is challenging a state law requiring them to pay money to the local union in order to cover their “fair share” of collective bargaining activities. Under the law, public employees who choose not to join unions must pay an “agency fee,” which is usually 65 to 100 percent [...]
The Ohio Senate passed House Bill 56 also known as “Ban the Box” legislation. This bill prohibits public employers from asking for information about an applicant’s felony convictions at the time the application is submitted to the public employer. There is an exception to this restriction that covers applications for positions which include statutory restrictions [...]
In March 2014, President Obama signed a memorandum directing the Department of Labor to update the regulations defining which white-collar workers should no longer be barred from receiving overtime compensation under the DOL regulations. As a result, the Department of Labor has undertaken a proposed rule making process that included receiving numerous comments concerning this [...]
President Obama signed H.R. 2029, the Consolidated Appropriations Act for 2016, on December 18, 2015. Title 1, Section 101 of this Act includes a two year delay of the excise tax on high cost employer-sponsored health coverage, nicknamed the “Cadillac Tax.” The tax was scheduled to take effect January 1, 2018, but is now delayed [...]
A recent federal case out of the Eastern District of Michigan highlights the importance of good record keeping, particularly in regard to wage and hour liability under the Fair Labor Standards Act (FLSA). That law requires employers to pay overtime premium pay for all hours worked in excess of 40 hours in a workweek. Non-compliant [...]