Monthly Archives: July 2018

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Did You Know?…

Did you know, that our attorneys have vast experience in directing and conducting workplace investigations for employers? These services can range from advice and counseling on legal issues, to directing and conducting the investigation as the employer’s outside counsel. In this article, we spotlight FDA&R Partner Melanie Williamson.  Melanie focuses on defending employers in civil [...]

2018-07-16T11:08:25-04:00July 16th, 2018|Newsletter|

IRS Sending out Employer Shared Responsibility Penalty Notices

Since 2015, the Affordable Care Act has required Applicable Large Employers (ALEs) to file forms 1094-C and 1095-C with the IRS. Generally, these forms are used by employers to report healthcare coverage compliance to both the IRS and their employees. Upon receipt, the IRS reviews these forms to determine whether or not the submitting employer [...]

2018-07-14T18:47:01-04:00July 14th, 2018|Newsletter|

Court Holds Arbitrator’s Finding of “Just Cause” Encompassed Many Arguments

A Trumbull County judge has ruled that an arbitrator did not exceed his authority by finding that an employee was terminated for just cause. In Ohio Civil Service Employees Association v. Trumbull County Engineer (2018-cv-00340), a County Engineer’s employee reportedly stated to his supervisor: “When this is all done and said there will be a [...]

2018-07-14T18:33:28-04:00July 14th, 2018|Newsletter|

Sixth Circuit Holds “Spiritual Coercion” Not a Violation Of The FLSA

In Acosta v. Cathedral Buffet, Inc., the court held that church member volunteers working for the church’s for-profit restaurant were not “employees” covered by the Fair Labor Standards Act (“FLSA”). The Grace Cathedral Church operated a for-profit restaurant on its campus called Cathedral Buffet, which was open to the public and partially staffed by unpaid [...]

2018-07-14T18:31:08-04:00July 14th, 2018|Newsletter|

Epic Systems Decision

In a 5-4 decision released at the end of May, the U.S. Supreme Court held that arbitration clauses requiring individual proceedings (as opposed to class proceedings) are enforceable. The decision marks another data point in a continuing trend of Supreme Court decisions favoring alternative dispute resolution via the arbitration process. In 2012, the National Labor [...]

2018-07-14T18:25:13-04:00July 14th, 2018|Newsletter|

Working from Home Presents Employment Law Issues

Technology is not only changing how we work, but also where we work. According to 2017 State of Telecommuting in the US Employee Workforce Report, 3.9 million workers in the US are working from home for at least half their work time. This figure represents a 115% increase over the same time just over a [...]

2018-07-14T18:16:00-04:00July 14th, 2018|Newsletter|

Suboxone Part II

In our April, 2018 quarterly newsletter, we touched on Suboxone’s use as one of the most common drugs used for treatment of opioid addiction. This quarter, we bring you a practical example of the need for policies and EEOC compliance in the context of Suboxone. Foothills Child Development Center, Inc. is a private corporation that [...]

2018-07-16T11:43:15-04:00July 14th, 2018|Newsletter|

Judge Rules President Trump’s Blocking of Twitter Users is Unconstitutional

A federal judge of the Southern District of New York held that President Trump violated the First Amendment by “blocking” individuals from his @realDonaldTrump twitter account in response to the political views expressed by those individuals. The lawsuit was brought by several twitter users who were blocked from viewing or replying to the President’s tweets [...]

2018-07-14T17:58:03-04:00July 14th, 2018|Newsletter|