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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
On March 2nd, 2018, in Mumm v. Charter Township of Superior, the Sixth Circuit reversed and remanded a district court decision granting summary judgment to the defendant on a retaliation claim. The plaintiff, who worked as an accountant, human resources administrator, and an information technology administrator, told her employer that she was fed up with [...]
On January 22, 2018, the U.S. Supreme Court reversed the decision of the U.S Court of Appeals for the District of Columbia in District of Columbia, et al. v. Wesby, et al. The Court found that: (1) the arresting officers had probable cause to arrest for unlawful entry and (2) the officers were reasonable in [...]