On October 3, 2016, the Ohio Twelfth District Court of Appeals issued a 3-0 decision in Mason v. Mason Professional Firefighters, IAFF Local 4049. The Court vacated the decision of the arbitrator in a termination grievance, holding that the arbitrator showed evident partiality in not disclosing his position as the Executive Director for a pro-union [...]
Two ongoing cases should substantially shape the law for transgender access to public restrooms. The first (Highland) is currently in the Federal District Court for the Southern District of Ohio and involves an 11-year old transgender student who was denied access to the school restroom corresponding with her female gender identity. Bd. of Educ. v. [...]
On December 19, 2016, Governor John Kasich signed Senate Bill 199, a law that authorizes CCW holders to carry, transport, or store a concealed weapon in areas currently prohibited. The law will go into effect on March 21, 2017. Firearms in Employee Vehicles: Under this law, employee CCW holders will have the right to transport [...]
For over 50 years, the United States Department of Labor’s (DOL) interpretation of the Labor Management Reporting and Disclosure Act of 1959 (LMRDA) has remained the same. Under the LMRDA’s “Advice Exemption,” an employer is not required to report its engagement of a consultant (including an attorney) to assist in responding to a union organizing [...]
FHKAD Attorneys David A. Riepenhoff and Melanie D. Williamson secured summary judgment in a recent premises liability and injury case brought by a citizen against a City. Balzhiser v. Abby Doyle, et el., Jackson County Common Pleas No. 15PI0003 (Nov. 17, 2016). The Plaintiff Ada Balzhiser was a resident of the City of Wellston. On [...]
FHKAD attorneys Daniel T. Downey and Stephanie L. Schoolcraft secured summary judgment in a recent disability discrimination case brought by a police officer transferred to a dispatcher position. Malone v. City of Ontario, N.D.Ohio No. 1:15 CV 2456, 2016 U.S. Dist. LEXIS 153349, at *1 (Nov. 4, 2016). The Plaintiff in this case was a [...]
In August of 2015, Licking County Sheriff’s Office Detective Wayne Moore required Mark Hurst to register as a sexually oriented offender. This was in accordance with the current registration requirements corresponding with Hurst’s 2008 criminal convictions. However, Hurst was not required to register by law, because the crimes of which he was convicted did not [...]
On August 29, 2016, the United States Second Circuit Court of Appeals issued a 3-0 decision in Vasquez v. Empress Ambulance Service. The Court adopted the “cat’s paw” liability theory and in doing so ruled that an employer can be held liable by the victim when its disciplinary action is influenced by a co-worker’s retaliatory [...]
In Shelton D. v. U.S. Postal Service, the Equal Employment Opportunity Commission (EEOC) upheld a 2014 decision by its Office of Federal Operations, which held that a co-worker continuing to wear a hat with the phrase “Don’t Tread on Me” was a cognizable claim of harassment that must be investigated by the employer. The original [...]
The Ohio legislature passed House Bill 187 over the summer, and it recently went into effect on August 31, 2016. House Bill 187 authorizes emergency medical personnel to provide emergency medical services to an injured cat or dog, in the course of an emergency response, before the animal is transferred to a veterinarian. Under House [...]