Welcome to the FDAR Blog!
We are committed to providing excellent service to our clients in a down-to-earth style that is unique to FDAR. Our hope is that this blog will provide valuable insights that help you in the day-to-day operation of your organization. Our team of attorneys will write about legal topics that are important to our clients in layman’s terms. Please check back often for new blog topics!
Turkey Troubles
The holidays are a wonderful time to gather with friends and family, give thanks, and of course, feast on turkey. But these joyous festivities occasionally result in attendance and performance issues in even the most exemplary employees. The following blog will address common employment concerns that arise during the holiday season and tips for addressing them. Sick Leave Abuse After a holiday, and especially the Friday after Thanksgiving, it is not uncommon for employees to call in sick. Calling in sick may have been the employee’s plan all along or occur to them Friday morning as the gravy grumbles set in. Regardless of the motivation, sick leave abuse is a serious policy violation and warrants a response from management. However, [...]
Keeping Track of Record Keeping Requirements
Throughout the nation, public and private employers alike are instituting voluntary and mandatory vaccination policies for their employees. Many of these policies require proof of vaccination. The following blog will address the responsibilities and limitations employers face when collecting, maintaining, and using an employee’s COVID-19 vaccination records. May Employers Collect Employee Vaccination Records? Yes, both public and private employers are permitted to collect medical records or other information demonstrating that an employee has been fully vaccinated for COVID-19. Employers may similarly require employees sign a HIPAA authorization form to gain access to the employee’s vaccination records. Additionally, employers do not violate the Genetic Information Nondiscrimination Act (“GINA”) when they offer an incentive to employees to provide documentation or other confirmation [...]
Discrimination Head to Toe
Introduction With employees returning to the office from home, appearance and dress code policies have once again taken the spotlight. Some employees may be more accustomed to casual dress or seek to express themselves with a different appearance than they did prior to the pandemic. While employers may institute policies for appearances and dress codes generally, it is important to be mindful of potential areas where discrimination claims may arise. This blog article will cover new, upcoming, and anticipated changes in discrimination laws regarding hair care, dress codes, and sex stereotyping policies. Hair Care & Appearance Policies Unfortunately, hair discrimination is not new. Minorities, especially African American women, have been sent home from work for their hair appearance. Even where [...]
Ohio General Assembly Passes Limits to Authority of State and Local Officials to Respond to Emergencies
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 June of this year. The bill is in response to what many in the General Assembly see as overreach by health authorities during the COVID-19 pandemic. SB 22 has two main components; limitations on the authority of the Governor and limitations on the powers of local health districts. As vaccinations progress and the pandemic appears to be winding down, the bill is unlikely to have [...]
Litigation Challenging Ohio’s Exclusive Representation Law Could Reach US Supreme Court
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, a case that was recently decided by the Sixth Circuit could make its way to the Supreme Court and may spell major changes on the way for Ohio public employers and labor unions. In the landmark 2018 case Janus v. AFSCME, the US Supreme Court held that public-sector unions cannot compel non-member employees to pay agency fees (or fair share fees) to cover the cost [...]
Ohio General Assembly Makes Changes to State Discrimination Laws
Included in the flurry of bills passed by the Ohio General Assembly at the end of 2020 was House Bill 352. The bill was signed into law by Gov. DeWine on January 12, 2021 and makes several significant changes to Revised Code Chapter 4112, which is Ohio’s employment discrimination law. The new law alters the way claims of employment discrimination are brought in Ohio and also the ways in which employers will defend against these claims. Below are the major changes made by H.B. 352. OCRC Procedural Changes Perhaps the most significant change made by H.B. 352 is the addition of administrative steps an employee must take before pressing their state law claims of employment discrimination in formal litigation. The [...]