Two recent proposals in the 132nd Ohio General Assembly, House Bill 161 and Senate Bill 118, would make safety service workers with post-traumatic stress disorder (PTSD) eligible for workers’ compensation, without requiring them to show an accompanying physical injury. If passed, this legislation would be a departure from current Ohio law on the compensability of [...]
In the City of Wadsworth, FHKAD Attorney Benjamin Albrecht successfully argued that the union’s appeal of a written and oral reprimand was non-arbitrable. As a result, the arbitrator denied the grievance. The Grievant was issued a two-day paid suspension, which he grieved. As part of the grievance process, the two parties met, after which the [...]
In Hively v. Ivy Tech Community College of Indiana, the Seventh Circuit Court of Appeals issued an en bancopinion in which it reversed prior circuit precedent and found that discrimination on the basis of sexual orientation in employment is prohibited by Title VII. A circuit court appeal is usually decided by a three-judge panel; however, it may [...]
House Bill 2, introduced on February 1, 2017, and currently in committee, would make changes to the Ohio Civil Rights Law (“OCRL”) and to filing charges with the Ohio Civil Rights Commission (“OCRC”). House Bill 2 would limit the definition of an employer for purposes of the OCRL by excluding any person who is acting [...]
On January 9, 2017, the United States Supreme Court issued a unanimous decision in White v. Pauly. The Court held there is no clearly established law prohibiting a reasonable officer arriving late to an ongoing police action from assuming proper police procedure has been followed, such as officer identification. Daniel Pauly was involved in a [...]
On December 7, 2016, the Ohio Legislature passed Senate Bill 27, and Governor John Kasich signed it into law on January 4, 2017. Senate Bill 27 states that a firefighter who is disabled as a result of cancer is presumed to have incurred the cancer while performing official duties as a firefighter, with regard to [...]
Despite a recent attempt to block implementation, the new rule issued by the Equal Employment Opportunity Commission (EEOC) took effect January 1, 2017 and amends the regulations of Title I of the Americans with Disabilities Act (ADA) to clarify how employers can use incentives to encourage participation in voluntary wellness programs without violating the ADA. [...]
On November 18, 2016, the U.S. Sixth Circuit Court of Appeals, which presides over Ohio, Kentucky, Tennessee and Michigan, issued a decision in UAW v. Hardin County, a case regarding whether or not local government may pass a law prohibiting union-security agreements under the National Labor Relations Act (NLRA) where that state has not passed [...]
On December 28, 2016, the Ohio Supreme Court issued a 4-1 decision in State ex rel. Caster v. Columbus. The Court held that the exception to the Ohio Public Records Act for confidential law enforcement investigatory records does not extend beyond the completion of the trial for which the information was gathered. Therefore, after the [...]
On December 27, 2016, the Ohio Supreme Court held that law enforcement officers pursuing suspects are entitled to the same level of immunity provided to all government employees under state law. The Court, in Argabrite v. Neer, held that officers, just as all other government employees, cannot be held liable unless they act in a [...]