On February 26, 2018, the United States Second Circuit Court of Appeals held that Title VII of the Civil Rights Act prohibits discrimination on the basis of an employee’s sexual orientation. Zarda v. Altitude Express, 2018 U.S. App. LEXIS 4608 (2018). Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against [...]
On January 22, 2018, the United States Supreme Court reversed the decision of the U.S Court of Appeals for the District of Columbia in District of Columbia, et al. v. Wesby, et al. The Court found that: (1) the arresting officers had probable cause to arrest for unlawful entry and (2) the officers were reasonable [...]
On January 4, 2018, the Department of Justice (“DOJ”) issued a Memorandum to announce that federal prosecutors may exercise judgment when deciding whether to prosecute marijuana-related crimes. The DOJ’s Memorandum may be found at: https://assets.documentcloud.org/documents/4343688/AG-Marijuana-Enforcement-1-4-18.pdf. The DOJ rescinded the Obama administration’s hands-off policy which de-emphasized prosecution of federal marijuana laws in states that legalized marijuana, [...]
Fishel Hass Kim Albrecht Downey's official ribbon cutting took place on October 5th! Welcoming us to the City were New Albany's Chamber of Commerce Executive Director Cherie Nelson, Council Member Matt Shull, and Mayor Sloan Spalding (pictured from left). Partners Edward Kim, Dave Riepenhoff, Marc Fishel, Ben Albrecht, Dan Downey, and Frank Hatfield followed their [...]
Originally published in the Cincinnati Business Courier, written by Marc Fishel In the wake of what seem like endless sexual abuse scandals coming out of Hollywood, the polical arena, the media, the literary world and the hospitality industry, it can be daunting to open the newsfeed in the morning. Read the Full Article
Fishel Hass Kim Albrecht Downey LLP is proud to once again be named to the Best Law Firms List by U.S. News & World Report and Best Lawyers® for 2018. FHKAD’s employment, labor and litigation practice areas achieved recognition. Firms included in The U.S. News-Best Lawyers® Best Law Firms list are recognized for professional excellence. [...]
On September 29, 2017, the U.S. Supreme Court agreed to hear the case of Janus v. American Federation of State, Municipal and County Employees, a case involving “fair share” agency fees paid by public sector employees who are not union members. Several states, including Ohio, allow a public employer whose employees were represented by a [...]
On October 3, 2017, the U.S. Sixth Circuit Court of Appeals held that for a supervisory relationship to exist in Title VII discrimination cases, therefore making the employer vicariously liable, the alleged supervisor must be “empowered by the employer to take tangible employment actions against the victim.” The case is captioned Hylko v. Hemphill). In [...]
On August 31, 2017, a federal judge from the U.S. District Court for the Eastern District of Texas struck down the controversial Obama-era Department of Labor (DOL) overtime rule that had been introduced in 2016. Through that rule, the DOL sought to expand the eligibility of employees who could earn “time-and-a-half” overtime pay for working [...]
Effective September 29, 2017, several changes to Ohio Workers’ Compensation Act took effect. These changes were the result of Sub. H.B. No. 27, the States Biennial Workers’ Compensation Budget Bill, which was passed on June 30, 2017. This article highlights some of those changes that should be of most interest to employers in evaluating their [...]
