Yearly Archives: 2019


Township is not Liable for Negligence in Hiring, Training, and Supervising Employees

The Ohio Supreme Court recently explored the question of whether Ohio political-subdivision immunity applies to an action claiming negligent hiring, training, and supervision of a police officer involved in an accident while responding to an emergency call. The case stems from an incident in 2013 where an officer was responding to a call regarding a [...]

2019-12-17T09:17:29-05:00December 17th, 2019|Newsletter|

Cities File Suit Against State of Ohio Over New Gun Law

On November 26, 2019, the City of Cleveland, along with five other cities, filed a lawsuit against the State of Ohio challenging the constitutionality of Ohio’s new gun law, House Bill 228, set to take effect on December 28, 2019. If allowed to take effect, the bill will amend Ohio Revised Code section 9.68. The [...]

2020-04-02T14:20:28-04:00December 17th, 2019|Newsletter|

Final Rule Announced for Calculating Regular Rate for Overtime Purposes

The US Department of Labor announced its final rule applicable to employers seeking to offer perks and benefits to employees without creating confusion regarding their regular rate of pay for overtime calculation purposes. The Fair Labor Standards Act (FLSA) requires employers to pay their non-exempt employees at least one and one-half times their regular rate [...]

2019-12-17T09:16:05-05:00December 17th, 2019|Newsletter|

FDAR Prevails in Sheriff’s Office Arbitration

FDAR attorney Ben Albrecht recently secured a favorable arbitration decision for a County Sheriff’s Office. The issue before the Arbitrator was whether or not the Sheriff’s Office terminated the Grievant for just cause and if the Sheriff’s Office had properly followed the steps of progressive discipline. The issue arose when the Grievant began reporting late [...]

2019-12-17T09:18:32-05:00December 17th, 2019|Newsletter|

tis’ the Season for Holiday Related Lawsuits

  With Christmas and the New Year around the corner, many employers are planning their annual holiday parties. However, even with good intentions, holiday parties can expose employers to liability arising from alcohol consumption and poor decision making. The following cases are a reminder that the rules of the workplace still apply even while celebrating [...]

2019-12-04T10:22:23-05:00December 3rd, 2019|blog|

Guest Column in Ohio Township News, Nov/Dec 2019 Issue, by Marc Fishel and Meghan Brickner

Managing Employees in an Election Year Marc A. Fishel and Meghan Brickner  As another election season approaches, employers should be informed as to how to manage employee politics in the workplace. Studies have shown that political talk is more common in the workplace then it was in the past and has the potential to impact [...]

2019-11-26T08:13:04-05:00November 26th, 2019|Homepage News, Latest News|

Sixth Circuit Holds Employee’s Disability Does Not Excuse Workplace Misconduct

The Sixth Circuit recently issued an employer-friendly decision, finding that an employee’s leave of absence under the Family Medical Leave Act did not excuse his pre-leave misconduct. The case is Williams v. Graphic Packaging Internatl., Inc., 6th Cir. No. 18-5485, 2019 U.S. App. LEXIS 32572 (Oct. 31, 2019) and the Plaintiff, James “Randy” Williams, worked [...]

2019-11-18T11:33:39-05:00November 15th, 2019|Newsletter|

Non-Profit Organization Targets Public Sector Unions

A national anti-union organization has recently opened its doors in central Ohio. The organization is The Freedom Foundation, a 501(c)(3) non-profit which operates in several states across the country including Washington, Oregon, Ohio and California. The organization claims it is seeking to educate public employees about union membership and dues and hopes to further that [...]

2019-11-15T09:39:05-05:00November 15th, 2019|Newsletter|

FDAR Attorneys Win Important Victory for Ohio Sheriff’s Office

FDAR attorneys Samantha McGuire and David Riepenhoff recently won a motion to vacate an arbitrator’s award which reinstated a terminated deputy. The case centered around a deputy’s failure to maintain training records regarding his K-9 partner. When the chief deputy and sergeant went to the deputy’s home to retrieve the K-9, his food, and medication, [...]

2019-11-18T09:09:23-05:00November 15th, 2019|Newsletter|

House Bill 308 Aims to Change PTSD Coverage for First Responders

The General Assembly is seeking to make another fundamental change which could represent significant financial exposure to public employers across the Buckeye State. The change was introduced in House Bill 308 and alters the way Post-traumatic stress disorder (or "PTSD") claims are handled for firefighters, police, and EMS personnel. According to the American Psychiatric Association, [...]

2019-11-05T09:24:31-05:00November 4th, 2019|blog|