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 [...]
On March 29, 2016, the U.S. Supreme Court issued a one sentence 4-4 decision in Friedrichs v. California Teachers Association. The Court’s decision stated, in total: “The judgment is affirmed by an equally divided Court.” This opinion leaves undisturbed the U.S. Court of Appeals decision which upheld the California law requiring public employees who chose [...]
FHKA has received a favorable decision from the Ohio Supreme Court in a public records case involving the West Licking Joint Fire District. In the case of Davis v. Metzger, et al., Case No. 2014-2026, the Ohio Supreme Court affirmed the decision of the Licking County Court of Appeals in which the West Licking Joint [...]
A petition to amend the Ohio Constitution to legalize medical marijuana has been certified by both the Ohio Attorney General and the Ohio Ballot Board. The initiative, submitted by Ohioans for Medical Marijuana and backed by the national advocacy group, Marijuana Policy Project, must now obtain signatures from 305,591 registered voters by July 6 in [...]
Senate Bill 268 has been introduced into the Ohio Senate. That Bill proposes to amend the Ohio’s Civil Rights Act, O.R.C. 4112, which prohibits Ohio employers from taking adverse employment action against employees because of their race, color, religion, sex, military status, national origin, disability, age, or ancestry of any person. The law also prohibits [...]
The Sixth Circuit has upheld the district court’s granting summary judgment to the Brown County Prosecutor in a civil action filed by five upper-level employees of the Ohio Dept. of Natural Resources Dept. of Wildlife (Randy Miller, et al. v. Randall Meyer, et al., Case No. 2:14-CV-00101). FHKA successfully represented the Brown County Prosecutor in [...]