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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 consider when a discipline investigation is necessary. When should an employer conduct an investigation?  Employers should investigate allegations of improper employee conduct any time an employer, or any member of the employer’s personnel, obtains knowledge of the potential employee misconduct.  So long as the employer has a good faith belief that an action has occurred that may have violated a work rule, then an investigation [...]

  Employers often have employees who are growing their families or seeking treatment for a serious health condition yet are unaware of their rights and responsibilities under the Family and Medical Leave Act (“FMLA”). The FMLA requires covered employers to provide up to 12 weeks of unpaid leave to eligible employees with qualifying medical conditions or situations. Covered employers include public agencies of any size, both public and private schools, and private employers who employ at least 50 employees within a 75-mile radius. An employee is eligible when they have worked for their employer for at least 12 months within the last 7 years and have actually worked at least 1,250 hours within the 12 months prior to taking FMLA [...]

Our clients often ask if the law prohibits an employer from requesting salary history from a job applicant. Until recently, there was no such law in the state of Ohio to prohibit this type of request. However, on March 13, 2019, the City of Cincinnati adopted Ordinance 83-2019, entitled “Prohibited Salary History Inquiry and Use.” According to the ordinance, the law aims to ensure Cincinnati residents’ “rights are protected and that job applicants in Cincinnati are offered employment positions and subsequently compensated based on their job responsibilities and level of experience, rather than on prior salary histories…” In general, the ordinance makes it “an unlawful discriminatory practice” for an employer to ask about the salary history of an applicant for [...]

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 missed an opportunity make necessary adjustments.  In short, by then it is too late! The first step in reviewing your operation’s compensation plan is to recognize that it is much more than the hourly or annual rate paid to employees. Rather, the compensation plan is a culmination of many factors beyond the take-home pay of employees.  The compensation plan includes both objective and subjective values. [...]