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!
Can Employers Require COVID-19 Vaccination for Employees?
Ohio received some good news at the end of 2020: A vaccination for the Coronavirus was soon going to be widely available. But as 2021 begins, many public and private employers are asking the same question: Can employers require employees to receive one of the COVID-19 vaccinations? The short answer is yes. But before implementing a mandatory COVID-19 vaccination policy, Ohio employers must be ready to deal with their legal obligations under federal law. In this month’s blog, we are going to discuss the legality of a mandatory vaccine policy and the situations in which employers must be ready to make exceptions to that policy. I. Mandatory Vaccine Policy The EEOC has long stated that employers may have a qualification [...]
Holiday Travel During the Pandemic FAQ
The holiday season in the United States is a time when many millions of Americans get together with friends and family to celebrate. For many Americans who live away from their loved ones, this requires travel, a lot of travel. For the year 2019, AAA estimated that over 115 million Americans travel between December 21 and January 1. With the pandemic raging on, many Americans are choosing to stay home; in fact, AAA estimates a 10% drop in Thanksgiving travel compared to last year. While this decline is likely to be mirrored during the month of December, that still leaves nearly 100 million travelers in the United States this year. This has left many employers with questions. In this month’s [...]
Three Steps to Prepare Your Workplace for the End of the FFCRA
On Wednesday, March 18, 2020, the President signed the Families First Coronavirus Response Act into law. Referred to as the FFCRA, the Act created or added paid leave entitlements for millions of Americans and required employers with 500 or fewer employees and all public employers to make immediate changes to leave policies. Since its passage, the Department of Labor and a federal court have made numerous changes to the regulations implementing the Act, including changes to the applicability of the health care worker and emergency responder exceptions, requiring further improvisation by employers. Needless to say, the FFCRA has been one of the most impactful pieces of federal employment legislation in a very long time. But all of it may be [...]
OBM Issues Guidance for Public Entities Receiving Coronavirus Relief Funding
The Ohio Office of Budget and Management recently issued guidance for local governments receiving Coronavirus Relief Funding through the OBM. The guidance applies to funds awarded as a result of legislation from the Ohio General Assembly and the Ohio Controlling Board allocating federal funding from the CARES Act from the Coronavirus Relief Fund (CRF). The CRF was established to make payments for specified uses to state and local governments. The OBM guidance is intended to supplement guidance issued by the U.S. Treasury Department. Jurisdictions should carefully review all state and federal guidance but keep in mind that these guidelines are subject to change. Generally speaking, the CARES Act requires that CRF funds only be used to cover expenses that: 1) [...]
House Bill 606 May Put Some Employers’ Minds at Ease but Liability Concerns Remain
One of the many questions we have received regarding the COVID-19 pandemic relates to employer liability for COVID-19 related lawsuits. The Cleveland Plain Dealer reports that 70% of entrepreneurs in Ohio are concerned about potential liability related to the pandemic. Such concerns are not unfounded; a number of lawsuits have cropped up across the country attempting to hold employers liable for transmission of the disease in the workplace. These concerns have been amplified as more and more employers return to the “new normal,” and begin welcoming back employees and customers in ways that are beginning to resemble the pre-COVID world. In response to these concerns and to help with the transition into reopening, the Ohio legislature recently passed House Bill [...]
First Amendment Rights for Public Employees During Election Season
As with most major spectator sports, national elections tend to draw commentary from everyone. With social media platforms like Facebook, Twitter, and even Instagram, Americans have more options than ever to comment on the campaigns and show support for their chosen candidate. With both major parties' conventions wrapping up toward the end of last month and Election Day just around the corner, we thought it would be a good time to revisit the First Amendment rights of public employees. Broadly speaking, the First Amendment prevents government action to punish or limit speech. Because they are government actors, public employers have much more to consider when it comes to disciplining or regulating employee speech than their private counterparts. Indeed, it is [...]