On June 12, 2021, a federal court in Texas, applying the state’s at-will employment laws, ruled that a hospital could require its employees to be vaccinated against COVID-19. At trial, the employees raised two causes of action. First, the employees asserted that if they were terminated for refusing the vaccine, it would constitute wrongful termination [...]
To date, approximately five million Ohioans have received at least one dose of the COVID-19 vaccine. Many employers are eager to have employees vaccinated and return to work, but vaccination opportunities for employees are often limited because vaccinations appointments are often restricted to “business” hours. Some employers are also considering the merits of mandatory vaccination [...]
As of June 23, 2021, there are three pending bills in the Ohio legislature that would effectively ban mandatory COVID-19 vaccinations. While all three bills, H.B. 248, S.B. 169, and S.B. 350, would practically prohibit COVID-19 vaccination requirements by public and private employers, they are different in scope and implementation. A summary of the three [...]
Following a procedural vote, the Ohio General Assembly enacted a bill that will significantly change the ability of state and local authorities to respond to emergencies. SB 22 passed both chambers but was vetoed by Governor DeWine. The General Assembly overrode the governor’s veto on March 24, 2021, meaning the bill will become effective in [...]
On Friday, March 12, 2021 the latest COVID relief packaging, titled the American Rescue Plan, was signed into law. Included in the massive $1.9 trillion package is $350 billion in aid for state, local, and tribal governments. Of the $350 billion, Ohio has been allocated $11.24 billion and is seventh overall in terms of total [...]
The Department of Labor (DOL) is likely rescinding the current joint employer and independent contractor rules, according to a proposal issued by the Department earlier this month. Both of these rules were issued under the Trump administration and were aimed at simplifying the analysis for these rather-complicated working relationships for purposes of the Fair Labor [...]
The Board of Directors for the Ohio Bureau of Workers’ Compensation announced a reduction in the workers’ compensation premium rates paid by private employers in Ohio. Beginning July 1 of this year, private employers will pay a total of $71 million less than they did in 2020, an overall 7.1% decrease in premiums. The move [...]
The tumultuous and ever-changing landscape of public sector labor law could be in for yet more change in Ohio. Many will remember the US Supreme Court decision in Janus v. AFSCME which held that the First Amendment prohibits public employers from collecting fees from non-union employees as a condition of working in public service. Now, [...]
Some of the unique circumstances created by remote work has spawned questions regarding compensation under the FLSA. One area of concern, particularly for employers who are new to remote work, is the compensability of travel time when an employee chooses to split their time between remote and on-site work in a single workday. On December [...]
On December 23, 2020, the Department of Labor’s Wage and Hour Division issued guidance – Field Assistance Bulletin 2020-7 – regarding the use of electronic means to provide employees with required notice of their statutory rights under federal law. Numerous federal statutes, including the FMLA and FLSA, require covered employers to “post and keep posted” [...]
