The United States Supreme Court recently heard arguments on a question regarding whether the Age Discrimination in Employment Act (“ADEA”) applies to government employers with fewer than 20 employees. The case is an appeal of the U.S. Ninth Circuit Court of Appeals’ decision ruling the ADEA applies to all public employers regardless of the number [...]
On September 27, 2018, the Ohio Supreme Court reversed prior Ohio law regarding an injured worker’s eligibility for temporary total disability compensation (“TTD”). The Court found an injured worker is not eligible for TTD if they abandon their job, even if they are disabled from the position at the time. The case is Klein v. [...]
Did you know, that our attorneys have vast experience in directing and conducting workplace investigations for employers? These services can range from advice and counseling on legal issues, to directing and conducting the investigation as the employer’s outside counsel. In this article, we spotlight FDA&R Partner Melanie Williamson. Melanie focuses on defending employers in civil [...]
Since 2015, the Affordable Care Act has required Applicable Large Employers (ALEs) to file forms 1094-C and 1095-C with the IRS. Generally, these forms are used by employers to report healthcare coverage compliance to both the IRS and their employees. Upon receipt, the IRS reviews these forms to determine whether or not the submitting employer [...]
A Trumbull County judge has ruled that an arbitrator did not exceed his authority by finding that an employee was terminated for just cause. In Ohio Civil Service Employees Association v. Trumbull County Engineer (2018-cv-00340), a County Engineer’s employee reportedly stated to his supervisor: “When this is all done and said there will be a [...]
In Acosta v. Cathedral Buffet, Inc., the court held that church member volunteers working for the church’s for-profit restaurant were not “employees” covered by the Fair Labor Standards Act (“FLSA”). The Grace Cathedral Church operated a for-profit restaurant on its campus called Cathedral Buffet, which was open to the public and partially staffed by unpaid [...]
In a 5-4 decision released at the end of May, the U.S. Supreme Court held that arbitration clauses requiring individual proceedings (as opposed to class proceedings) are enforceable. The decision marks another data point in a continuing trend of Supreme Court decisions favoring alternative dispute resolution via the arbitration process. In 2012, the National Labor [...]
As Ohio gears up for legal medical marijuana to be fully implemented this fall, many employers are unsure of how this will affect their drug-policy and employment decisions when it comes to medical marijuana license holders. Will drug testing policies go up in smoke? The short answer is no. Under the new medical marijuana law, [...]
Technology is not only changing how we work, but also where we work. According to 2017 State of Telecommuting in the US Employee Workforce Report, 3.9 million workers in the US are working from home for at least half their work time. This figure represents a 115% increase over the same time just over a [...]
An Arbitrator recently upheld an employer’s denial of continued injury leave to an employee with a workers’ compensation injury. In FOP, Cap. City Lodge 9 & City of Whitehall, AAA 01-17-0007-4184 (Johnson, June 11, 2018), the Arbitrator found it was not an abuse of discretion to deny an additional amount of injury leave to a [...]