The United States Supreme Court will finally weigh in on some important employment law issues that have divided the appellate courts for years. It also recently decided a class arbitration case with employment ramifications. Does Title VII of the Civil Rights Act Apply to LGBTQ Employees? Title VII prohibits employers from discriminating against employees [...]
Many times, an employer does not consider its compensation structure until it is replacing an employee or preparing for collective bargaining with a union. However, if an employer waits until there is a crisis in the workplace as the result of employee turnover or the weeks leading up to collective bargaining, it has likely [...]
On March 13th, 2019, an Ohio Court of Claims Judge ruled that text messages sent by a public official regarding official business are public records and can be requested under Ohio’s Open Records Law. Such texts are subject to the law regardless of whether they are made on a personal device or a work device. [...]
Recently, the United States Court of Appeals for the Fourth Circuit held in Parker v. Reema Consulting Services, that a false rumor that a female employee slept with her male boss to obtain a promotion can give rise to the employer’s liability under Title VII for discrimination “because of sex.” 2019 U.S. App. LEXIS 3965. [...]
The Department of Labor (DOL) has issued an opinion letter in an effort to clear up some confusion on the designation of leave under the Family Medical Leave Act. The question presented to the DOL was whether an employee could ask an employer to designate FMLA-qualifying leave as some other form of leave (e.g. sick [...]
On March 7, 2019, the Department of Labor announced a proposed rule that would expand overtime eligibility for a million more employees. Currently, employees with a salary below $455 per week ($23,660 annually) must be paid overtime if they work in excess of 40 hours in a week. The new proposed rule would now encompass [...]
FDAR attorneys, Daniel Downey and Melanie Williamson secured a defense verdict in federal court in the United States Northern District of Ohio for a deputy sheriff involved in a fatal officer-involved shooting. The jury found that the Richland County Sheriff’s deputy represented by FDAR did not violate the Plaintiff’s constitutional rights. This case stemmed from [...]
FDAR attorneys, Daniel Downey and Melanie Williamson, secured a defense verdict in federal court in the United States Southern District of Ohio following a six-day jury trial. The jury found that the Delaware County Sheriff’s deputies represented by FDAR did not violate the Plaintiff’s constitutional rights. The case stemmed from events that took place on [...]
Employers nationwide are facing more frequent internal and external workplace violence incidents. According to the Occupational Safety and Health Administration, workplace violence is a serious threat affecting nearly two million Americans each year. It ranges from threats and verbal abuse to physical assaults, affecting employees, clients, customers, and visitors. It is crucial for employers to [...]
On November 9, 2018, the Ohio Attorney General issued an opinion regarding a county sheriff’s authority to control the provision of security in a courthouse that is used to house the court of common pleas, as well as other county officers. OAG Opinion 2018-027. The opinion explains the role of the county sheriff, board of [...]
