Monthly Archives: April 2018


How Do Employers Deal with Suboxone On Drug Tests?

According to the US Department of Health and Human Services, over 11 million Americans misused prescription opioids in 2016. Of those 11 million, an estimated 2.1 million are considered as having an opioid use disorder. As the opioid epidemic continues to be an issue for the country at large, employers will face new challenges in [...]

2019-09-10T10:26:35-04:00April 17th, 2018|Newsletter|

U.S. Citizenship & Immigration Services Launches New Site to Verify Employment Eligibility

The U.S. Citizenship and Immigration Services recently launched a new website,  This site provides employers the ability to verify the employment eligibility of applicants/employees instantly, or at worst within 24 hours.  The system compares information from an employee’s I-9 Form to records available to the Department of Homeland Security and the Social Security Administration [...]

2018-04-17T08:50:38-04:00April 16th, 2018|Newsletter|

FHKAD Prevails in Police Arbitration

FHKAD attorney Edward S. Kim recently secured a positive arbitration verdict for a City Police Department.  The issue in front of the arbitrator concerned whether the City had just cause to discipline an employee for unsatisfactory performance and insubordination. Since 2014, the City had required its day shift supervisors to submit a daily shift report [...]

2018-04-16T17:15:59-04:00April 16th, 2018|Newsletter|

Sixth Circuit: Transgender Status Protected Under Title VII

On March 7, 2018, the United States Sixth Circuit Court of Appeals held that discriminating against an employee based on their transgender or transitioning status is a violation of Title VII. EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., 2018 U.S. App. LEXIS 5720 (6th Cir. 2018). Title VII of the Civil Rights Act of 1964 [...]

2018-04-16T13:48:10-04:00April 16th, 2018|Newsletter|

BWC Increases Firefighter Grant Funding

The Ohio Bureau of Workers’ Compensation is increasing funding for a popular grant program aimed at helping firefighters avoid carcinogens on the job. The Firefighter Exposure to Environmental Elements Grant Program was slated to received $2 million in funding for the year 2018. The BWC announced an increase due to the overwhelming number of funding [...]

2018-04-17T08:42:23-04:00April 16th, 2018|Newsletter|

Second Circuit: Title VII Prohibits Sexual Orientation Discrimination

On February 26, 2018, the United States Second Circuit Court of Appeals held that Title VII of the Civil Rights Act prohibits discrimination on the basis of an employee’s sexual orientation. Zarda v. Altitude Express, 2018 U.S. App. LEXIS 4608 (2018). Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees [...]

2018-04-16T13:40:59-04:00April 16th, 2018|Newsletter|

Employee Forfeited NLRA Protection by Improperly Accessing Secured Area

The National Labor Relations Board (NLRB) held that an employee forfeited protection under the National Labor Relations Act (NLRA) by improperly accessing the employer’s secured area while engaging in protected concerted activity. The employee was terminated for committing a “serious security breach” after he led 20 delegation members, 12 of which were nonemployees, through a [...]

2018-04-16T13:32:57-04:00April 16th, 2018|Newsletter|

NLRB Overturns Joint-Employer Holding, Browning-Ferris Test Again Governs

In our Winter 2018 edition of Perspectives, we reported on an important ruling from the NLRB December 14, 2017 overturning a controversial joint employer test. (See NLRB Overturns Joint-Employer Test).  The case was Hy-Brand Industrial Contractors, 365 N.L.R.B. No. 156 (Dec. 14, 2017).  On February 26, 2018, the NLRB overturned Hy-Brand due to a conflict [...]

2018-04-16T17:39:19-04:00April 16th, 2018|Newsletter|

EEOC Targets Nursing Home for Alleged Pregnancy Discrimination

The Equal Employment Opportunity Commission has filed a lawsuit against a rehabilitation and nursing facility over its termination of two pregnant nursing assistants. In a press release issued March 7, 2018, the EEOC says the North Carolina corporation violated federal law when it refused to accommodate the pregnancy-related work restrictions of two employees. According to [...]

2018-04-16T13:25:13-04:00April 16th, 2018|Newsletter|

DOL Launches Voluntary Audit and Reporting

The Department of Labor (“DOL”) is launching a test program which encourages employers to self-audit their Fair Labor Standards Act (“FLSA”) compliance. Called the Payroll Audit Independent Determination Program (“PAID”), the program encourages employers to review their own payroll programs and self-report any violations directly to the DOL. Reportable violations include overtime and minimum wage [...]

2018-04-16T17:37:55-04:00April 16th, 2018|Newsletter|