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 [...]
On June 30, 2016, a new bill amending Ohio’s Collective Bargaining Act was introduced into the Ohio House, House Bill 583. While the bill will not be considered by the House until after the November election, the legislation does include some significant changes to current law, so it will be an important bill to watch. [...]
The Ohio Supreme Court’s Task Force to Examine Improvements to the Grand Jury System recently released its final report and recommendations. The task force was formed to improve how grand juries in Ohio function and heighten the public’s confidence in Ohio’s justice system. The report made 10 recommendations in all, but two are of special [...]
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 [...]
On June 14, 2016, the Ohio Supreme Court heard oral arguments in two public records cases, and its decision will impact all of Ohio’s law enforcement agencies. The court must decide whether dash cam videos from an officer’s cruiser and videos from an officer’s bodycam are public records, or whether they are confidential law enforcement [...]
FHKA attorney David Riepenhoff recently obtained a successful ruling from the U.S. Sixth Circuit Court of Appeals in favor of Butler County, Ohio. In Printup v. Dungey, et al., Chavonne Printup alleged Butler County violated her rights by erroneously designating her as an “indicated” child abuser. The Court of Appeals found that her claims were [...]
In an unexpected turn of events, millions of employees who are currently overtime-exempt may now qualify for overtime pay … far earlier than originally anticipated. Under the Fair Labor Standards Act (FLSA) covered workers—unless exempt—must receive overtime pay for all hours worked over 40 in a work week, at a rate not less than one-and-one-half [...]
The Equal Employment Opportunity Commission (EEOC) has implemented significant new procedures that affect employers. In the course of the EEOC’s investigation of charges of discrimination, the Respondent/Employer’s position statement may now be released to the Charging Party. Pursuant to these new procedures, the Charging Party, not automatically but upon request to the EEOC, is permitted [...]