On December 11, 2017, the United States Supreme Court announced that it will not review a Title VII same-sex discrimination case, on appeal of the Eleventh Circuit’s ruling in Evans v. Ga. Reg’l Hosp., No. 15-15234, 2017 U.S. App. LEXIS 4301 (11th Cir. Mar. 10, 2017). This decision leaves a split in the United States [...]
As employers and employees continue to grapple with the ever-increasing cost of health care, it is important to keep up with the changes to contribution limits, minimums and maximums for 2018. The Internal Revenue Service announced these increases on October 19, 2017. The 2018 changes for Flexible Spending Accounts (FSAs), Health Savings Accounts (HSAs), and [...]
On December 14, 2017, the NLRB established a new standard governing NLRB scrutiny of employer handbooks, workplace policies and rules. The new standard overturns and replaces the controversial Lutheran Heritage standard that has caused employers much consternation since 2004. The National Labor Relations Act (“NLRA”) generally protects employees’ rights to act together to try to [...]
With the start of a new year, employers should make sure they are up to date on the employment eligibility requirements for new hires, specifically the I-9 Form. The Immigration Reform and Control Act of 1986 (“IRCA”) requires employers to verify the eligibility of new hires. As a result, the Department of Homeland Security created [...]
The IRS has extended the deadline by 30 days for Forms 1095-B and 1095-C to be provided to employees. This is the second consecutive year the IRS has extended the deadline, allowing employers more time to disseminate these forms to their employees. The new deadline for distribution of the forms is on or before March [...]
The NLRB has overturned a controversial “joint employer” test of whether a host company is responsible for another company’s worker or temporary worker. The National Labor Relations Act (NLRA) governs the rights and obligations of employers and their employees with respect to labor-relations. The employer’s obligations become less-clear, however, with respect to workers who are [...]
A recent annual report shows the number of Ohio workers’ compensation claim hearings are down slightly from prior years, and that hearings are quickly scheduled. Ohio employers should be encouraged by this trend, but be reminded that claims must be quickly investigated to allow adequate time to prepare for contested hearings. The Industrial Commission of [...]
On December 14, 2017, in a contentious 4-3 decision, the Ohio Supreme Court ruled that certain parts of autopsies/coroner’s reports involving ongoing investigations may be redacted under the Ohio Public Records Act. State ex rel. Cincinnati Enquirer v. Pike Cty. Coroner's Office, 2017-Ohio-8988 (2017). The Cincinnati Enquirer and the Columbus Dispatch requested the final autopsy [...]
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 [...]