Yearly Archives: 2018

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OSHA Proposes Rule Change for Employer Reporting

Employers required to submit records to the Occupational Safety and Health Administration (OSHA) might have two fewer reports to submit. Since 2016, OSHA has required certain employers to submit their OSHA 300 Logs, 301 Incident Reports, and 300A Annual Summaries. The rule is applicable to all employers with 250 or more employees, as well as [...]

2018-10-15T18:50:33-04:00October 15th, 2018|Newsletter|

Supreme Court Decides Administrative Law Judges are Political Appointees

The Securities and Exchange Commission (SEC) utilizes Administrative Law Judges (ALJs) to settle disputes regarding decisions made by the Commission. The SEC isn’t the only executive agency to utilize these judges; others include the Social Security Administration, the Department of Health and Human Services, and the Department of Transportation also employ numerous ALJs. Wherever they [...]

2018-10-15T19:20:37-04:00October 15th, 2018|Newsletter|

Does Disparate Impact Apply to Age Discrimination Claims by Job Applicants?

An interesting case is making its way through federal court after initially being dismissed at the early stages by a district court judge. The case is Kleber v. CareFusion. The plaintiff, 59-year-old Dale Kleber, is an attorney in the Chicago-area. Mr. Kleber has extensive experience in the legal and professional world, serving as the chief [...]

2018-10-15T18:46:34-04:00October 15th, 2018|Latest News|

Remember to Consider State Wage and Hour Laws, and not Just the FLSA

When considering wage and hour issues, it’s easy to simply think in terms of the federal Fair Labor Standards Act, commonly referred to as the FLSA. The FLSA establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in both the private and public sectors.  However, many states, including Ohio, [...]

2018-10-15T18:44:45-04:00October 15th, 2018|Newsletter|

Courts Continue to Uphold Arbitration Agreements as Alternative to Litigation

The Sixth Circuit has upheld an arbitration agreement in the face of arguments that the Federal Arbitration Act was displaced by the Fair Labor Standards Act (“FLSA”) and the National Labor Relations Act. The case arises from a lawsuit brought by several current and former employees of Kelly Services, Inc. The firm provides outsourcing and [...]

2018-10-15T18:36:55-04:00October 15th, 2018|Newsletter|

Arbitrator Rules for Employer Where Union Failed to Adhere to Grievance Process

An Arbitrator recently held that Union’s failure to timely appeal to a grievance step prior to arbitration, resulted in dismissal of case. The decision, Erie County, Ohio Department of Job and Family Services v. AFSCME Local 3616. This case proceeded under the authority of the parties’ collective bargaining agreement which presented the grievance and arbitration [...]

2018-10-15T18:33:09-04:00October 15th, 2018|Newsletter|

Cuyahoga County Becomes First County in the State of Ohio to Pass LGBTQ Discrimination Law

On September 25, 2018, the Cuyahoga County Council passed an ordinance prohibiting discrimination on the basis of sexual orientation, gender identity, or gender expression. The legislation also creates a three-member Cuyahoga County Commission on Human Rights. While 20 other localities in Ohio have similar laws, now Ohio’s second largest county by population becomes the first [...]

2018-10-15T19:12:40-04:00October 15th, 2018|Newsletter|

SCOTUS to Decide if ADEA Applies to Small Government Employers

The United States Supreme Court recently heard arguments on a question regarding whether the Age Discrimination in Employment Act (“ADEA”) applies to government employers with fewer than 20 employees.  The case is an appeal of the U.S. Ninth Circuit Court of Appeals’ decision ruling the ADEA applies to all public employers regardless of the number [...]

2018-10-15T18:23:54-04:00October 15th, 2018|Newsletter|

Ohio Supreme Court Ruling is Major Change to TTD Eligibility

On September 27, 2018, the Ohio Supreme Court reversed prior Ohio law regarding an injured worker’s eligibility for temporary total disability compensation (“TTD”).  The Court found an injured worker is not eligible for TTD if they abandon their job, even if they are disabled from the position at the time.  The case is Klein v. [...]

2018-10-15T18:20:59-04:00October 15th, 2018|Newsletter|