Monthly Archives: October 2017


Supreme Court to Rule on Constitutionality of Union “Fair Share” Fees

On September 29, 2017, the U.S. Supreme Court agreed to hear the case of Janus v. American Federation of State, Municipal and County Employees, a case involving “fair share” agency fees paid by public sector employees who are not union members. Several states, including Ohio, allow a public employer whose employees were represented by a [...]

2017-10-24T13:29:14-04:00October 17th, 2017|Latest News, Newsletter|

Court Finds a Harassing Supervisor Was Not Really a “Supervisor” under Title VII

On October 3, 2017, the U.S. Sixth Circuit Court of Appeals held that for a supervisory relationship to exist in Title VII discrimination cases, therefore making the employer vicariously liable, the alleged supervisor must be “empowered by the employer to take tangible employment actions against the victim.” The case is captioned Hylko v. Hemphill). In [...]

2017-10-24T13:29:14-04:00October 17th, 2017|Latest News, Newsletter|

FLSA Overtime Rule is Off, For Now

On August 31, 2017, a federal judge from the U.S. District Court for the Eastern District of Texas struck down the controversial Obama-era Department of Labor (DOL) overtime rule that had been introduced in 2016. Through that rule, the DOL sought to expand the eligibility of employees who could earn “time-and-a-half” overtime pay for working [...]

2017-10-24T13:29:14-04:00October 17th, 2017|Latest News, Newsletter|

New Ohio Workers’ Comp Laws Take Effect

Effective September 29, 2017, several changes to Ohio Workers’ Compensation Act took effect. These changes were the result of Sub. H.B. No. 27, the States Biennial Workers’ Compensation Budget Bill, which was passed on June 30, 2017. This article highlights some of those changes that should be of most interest to employers in evaluating their [...]

2017-10-24T13:29:14-04:00October 17th, 2017|Latest News, Newsletter|

FDAR Attorneys Win Jury Trial in U.S. District Court

Congratulations to FDAR attorneys Daniel T. Downey and Melanie J. Williamson who recently won a jury trial in United States District Court in the Southern District of Ohio on behalf of two Butler County Sheriff’s Corrections Officers. Corey Williams v. Derrick Collins, et al., 1:15-cv-00337 (S.D. Ohio Aug. 17, 2017). Plaintiff, while in the process [...]

2023-11-14T13:03:44-05:00October 17th, 2017|Latest News, Newsletter, Trial Successes|

DOJ Takes Stance that Title VII Does Not Prohibit Sexual Orientation Discrimination

The U.S. Department of Justice (DOJ), under the Trump administration, recently argued that that Title VII of the Civil Rights act of 1964 does not protect workers from discrimination on the basis of sexual orientation. The DOJ and the Equal Employment Opportunity Commission (EEOC) had previously taken the position that Title VII’s language regarding discrimination [...]

2017-10-24T13:29:14-04:00October 17th, 2017|Latest News, Newsletter|

Federal Court Dismisses “Knock and Talk” Case Against County

FHKAD attorneys Dan Downey and Paul Bernhart recently received summary judgment for a County and its Sheriff Deputies in a lawsuit alleging an unlawful search and seizure in violation of the Fourth and Fourteenth Amendments. The case involved a “knock and talk” operation conducted by the Fairfield County Sheriff’s Office SCRAP (“Street Crime Reduction and [...]

2017-10-24T13:29:15-04:00October 17th, 2017|Latest News, Newsletter|

Revised I-9 Employment Eligibility Form

The U.S. Citizenship and Immigration Services (USCIS) released a revised I-9 Employment Eligibility Form on July 17, 2017. The changes are mostly minor, including additions to the List of Acceptable Documents on the I-9 Form. Employers were required to switch to this revised form by September 18, 2017. The revised form can be found at: [...]

2017-10-24T13:29:15-04:00October 17th, 2017|Latest News, Newsletter|

Court Questions EEOC Final Rules Regarding Wellness Programs

Wellness programs have become popular in many work places in the last several years as a means of promoting employee health and reducing healthcare costs. A federal district court recently evaluated the validity of an Equal Employment Opportunity Commission (EEOC) rule dealing with incentives – financial or otherwise – that may be offered to employees [...]

2017-10-24T13:29:15-04:00October 17th, 2017|Latest News, Newsletter|