The Fair Labor Standards Act (FLSA) governs minimum wage and overtime requirements. One of the more complicated aspects of the FLSA is deciding which employees are exempt from its coverage. These employees fall under one of several exemptions: executive, administrative, professional, computer employee, and highly compensated employee exemption. Nearly all exemptions have a common requirement: [...]
Receiving a notice that someone has filed a charge of discrimination against your organization with the Equal Employment Opportunity Commission (EEOC) can be frightening. While many employers are familiar with the formal litigation process, an EEOC charge is different; there are different deadlines, different processes for submission of information, and a different timeline for [...]
In Miracle v. Ohio Dept. of Veterans Servs. the Ohio Supreme Court held there is no clear public policy provided in R.C. 124.27(B) and 124.56 that would allow a civil-service employee, terminated during their probationary period, to assert a tort claim for wrongful-discharge. The Ohio Department of Veterans Services hired Miracle on a probationary period [...]
Several FDAR attorneys have once again been named among the Best Lawyers in America 2020! This list is compiled based on peer reviews and recommendations from leading lawyers in each field. Congratulations to Benjamin S. Albrecht, Daniel T. Downey and Marc A. Fishel on this esteemed recognition! Their colleagues have rated [...]
This summer the Board of Directors for the Ohio Bureau of Workers’ Compensation (BWC) approved a proposal from Governor DeWine to send $1.5 billion of the agency’s revenue back to Ohio employers. This is the BWC’s largest rebate in 20 years. The Ohio Workers’ Compensation System provides benefits from an insurance fund to workers who [...]
There has been an increased focus in recent years on parental leave policies and benefits as employers compete to hire and retain top flight talent. A recent $5 million Chase Bank settlement highlights Title VII’s unique application to parental leave policies. Under Title VII of the Civil Rights Act of 1964, employers cannot discriminate against [...]
Ohio Governor, Mike DeWine just signed Ohio Senate Bill 57 which allows for the immediate sale of cannabidiol (“CBD”) and hemp cultivation. For employers, this will likely result in an increase in positive drug tests and create additional obstacles in combating the culture of normality around marijuana use. CBD is one of the hundreds of [...]
One of the most difficult issues for employers is disciplining employees. An employer must consider many issues when it is deciding to discipline. Having all the facts involved in the disciplinary matter is crucial yet employers often fail to conduct a thorough investigation before making a decision. This article includes some questions for employers to [...]
In a case involving patent and trademark restrictions, the U.S. Supreme Court, in the case of Iancu v. Brunetti, addressed a First Amendment issue with implications for public employers. In a 6-3 decision the court invalidated the Patent and Trademark Office’s (“PTO”) bar on registering trademarks for “immoral or scandalous” content. The PTO was acting [...]
The Plain View Project has been in the news recently and serves a reminder to law enforcement agencies of the importance of a social media policy. The Plain View Project was started by a Philadelphia based attorney and examined the social media accounts of roughly 2,900 active and 600 retired police officers from eight departments [...]
