FHKAD Attorneys Dan Downey and Paul Bernhart secured summary judgment in a police liability case, France v. Lucas , which was recently affirmed by the Sixth Circuit Court of Appeals. This marks the first time in the Sixth Circuit that the “sham affidavit doctrine” has been applied to a codefendant’s affidavit. The Plaintiffs in this [...]
In over a dozen cases in recent years, the Equal Employment Opportunity Commission has advocated for Title VII protection of employees discriminated against on the basis of transgender status or sexual orientation. The applicability of Title VII to discrimination on these bases continues to vary by Circuit, but the momentum appears to be in the [...]
On July 21, 2016, the Supreme Court of Ohio issued a 6-1 decision that an employee is not required to prove that he/she sustained a work-related injury in order to establish a case of workers’ compensation retaliation. Onderko v. Sierra Lobo, Inc., Slip Opinion No. 2016-Ohio-5027 (July 21, 2016). Ohio Revised Code 4123.90 provides in [...]
The new Department of Labor’s (DOL) regulations regarding overtime take effect on December 1, 2016. With this deadline fast approaching FHKAD has compiled some tips for employers: • Employers should examine all current exempt positions to verify that they meet the regulations new salary and duties test. • If current exempt employees do not meet [...]
On May 3, 2016, the Ohio Supreme Court issued a 5-2 decision in White v. King. The Court held that a prearranged discussion of the public business of a public body by a majority of its members through a series of private e-mail communications is subject to Ohio’s Open Meetings Act, O.R.C. § 121.22. The [...]
On Wednesday, June 8, 2016, Governor John Kasich signed H.B. 523 into law. The new law authorizes the prescription and use of marijuana for medical purposes and establishes the Medical Marijuana Control Program (MMCP) to provide oversight. While it becomes effective on September 6, 2016, as a practical matter, it may take up to 2 [...]
In State ex rel. Pietrangelo v. the City of Avon Lake, the Supreme Court of Ohio considered whether certain types of information contained on bills from a law firm an Ohio city engaged to represent it in a lawsuit were exempt from disclosure under Ohio’s Public Records Act. The Court has already found narrative portions [...]
On May 23, 2016, the U.S. Supreme Court issued a 7-1 decision in Green v. Brennan. The Court held that the statute of limitations for a constructive discharge claim under Title VII doesn’t begin to run until the day of the employee’s notice of resignation. This case stems from a Title VII claim of constructive [...]
FHKA attorneys Marc Fishel and Michelle Lanham successfully represented the Fairfield County Sheriff’s Office in an April 2016 employment arbitration. The Grievant, a veteran Deputy Sheriff, appealed his termination for committing illegal theft and multiple violations of the Sheriff’s Rules of Conduct while the Grievant was working special duty at a retail establishment. The Grievant [...]
The EEOC has resolved one of its first lawsuits alleging sex discrimination based on sexual orientation. While the defendant company, Pallet Companies, dba IFCO Systems NA, Inc., agreed to settle the case outside of court, the resulting consent decree could have major implications for employers across the county. In March, 2016, the EEOC filed a [...]