On January 9, 2017, the United States Supreme Court issued a unanimous decision in White v. Pauly. The Court held there is no clearly established law prohibiting a reasonable officer arriving late to an ongoing police action from assuming proper police procedure has been followed, such as officer identification. Daniel Pauly was involved in a [...]
On December 7, 2016, the Ohio Legislature passed Senate Bill 27, and Governor John Kasich signed it into law on January 4, 2017. Senate Bill 27 states that a firefighter who is disabled as a result of cancer is presumed to have incurred the cancer while performing official duties as a firefighter, with regard to [...]
Despite a recent attempt to block implementation, the new rule issued by the Equal Employment Opportunity Commission (EEOC) took effect January 1, 2017 and amends the regulations of Title I of the Americans with Disabilities Act (ADA) to clarify how employers can use incentives to encourage participation in voluntary wellness programs without violating the ADA. [...]
On November 18, 2016, the U.S. Sixth Circuit Court of Appeals, which presides over Ohio, Kentucky, Tennessee and Michigan, issued a decision in UAW v. Hardin County, a case regarding whether or not local government may pass a law prohibiting union-security agreements under the National Labor Relations Act (NLRA) where that state has not passed [...]
On December 28, 2016, the Ohio Supreme Court issued a 4-1 decision in State ex rel. Caster v. Columbus. The Court held that the exception to the Ohio Public Records Act for confidential law enforcement investigatory records does not extend beyond the completion of the trial for which the information was gathered. Therefore, after the [...]
On December 27, 2016, the Ohio Supreme Court held that law enforcement officers pursuing suspects are entitled to the same level of immunity provided to all government employees under state law. The Court, in Argabrite v. Neer, held that officers, just as all other government employees, cannot be held liable unless they act in a [...]
On October 3, 2016, the Ohio Twelfth District Court of Appeals issued a 3-0 decision in Mason v. Mason Professional Firefighters, IAFF Local 4049. The Court vacated the decision of the arbitrator in a termination grievance, holding that the arbitrator showed evident partiality in not disclosing his position as the Executive Director for a pro-union [...]
Two ongoing cases should substantially shape the law for transgender access to public restrooms. The first (Highland) is currently in the Federal District Court for the Southern District of Ohio and involves an 11-year old transgender student who was denied access to the school restroom corresponding with her female gender identity. Bd. of Educ. v. [...]
On December 19, 2016, Governor John Kasich signed Senate Bill 199, a law that authorizes CCW holders to carry, transport, or store a concealed weapon in areas currently prohibited. The law will go into effect on March 21, 2017. Firearms in Employee Vehicles: Under this law, employee CCW holders will have the right to transport [...]
For over 50 years, the United States Department of Labor’s (DOL) interpretation of the Labor Management Reporting and Disclosure Act of 1959 (LMRDA) has remained the same. Under the LMRDA’s “Advice Exemption,” an employer is not required to report its engagement of a consultant (including an attorney) to assist in responding to a union organizing [...]