The Department of Labor (DOL) is likely rescinding the current joint employer and independent contractor rules, according to a proposal issued by the Department earlier this month. Both of these rules were issued under the Trump administration and were aimed at simplifying the analysis for these rather-complicated working relationships for purposes of the Fair Labor [...]
The Board of Directors for the Ohio Bureau of Workers’ Compensation announced a reduction in the workers’ compensation premium rates paid by private employers in Ohio. Beginning July 1 of this year, private employers will pay a total of $71 million less than they did in 2020, an overall 7.1% decrease in premiums. The move [...]
Some of the unique circumstances created by remote work has spawned questions regarding compensation under the FLSA. One area of concern, particularly for employers who are new to remote work, is the compensability of travel time when an employee chooses to split their time between remote and on-site work in a single workday. On December [...]
On December 23, 2020, the Department of Labor’s Wage and Hour Division issued guidance – Field Assistance Bulletin 2020-7 – regarding the use of electronic means to provide employees with required notice of their statutory rights under federal law. Numerous federal statutes, including the FMLA and FLSA, require covered employers to “post and keep posted” [...]
The Department of Labor (DOL) recently issued a long-awaited final rule clarifying the standard for determining employee versus independent contractor status under the Fair Labor Standards Act (FLSA). Because the FLSA only applies to employees and not independent contractors, the determination is extremely important for any organization utilizing independent contractors. The final rule is largely [...]
On October 9, 2020, the Equal Employment Opportunity Commission (“EEOC”) issued a proposed rule regarding its conciliation procedures when attempting to negotiate a settlement between an employer and the charging party. The EEOC enforces federal anti-discrimination statutes in the employment context. This includes Title VII of the Civil Rights Act of 1964, which bans discrimination [...]
The Ohio legislature appears poised to pass a sweeping overhaul of the way public K-12 schools are funded in the near future. The long discussed change to school funding in Ohio culminated in the introduction of House Bill 305, and after conducting hearings on the proposal, both the House and Senate appear to have settled [...]
The Bureau of Workers’ Compensation has announced its approval of Governor Mike DeWine’s proposal to send out $5 billion in dividends to Ohio employers. The dividend payment is intended to further ease the impact of the pandemic on Ohio employers. This dividend equals nearly four times the total premiums paid in policy year 2019 and [...]
An arbitrator has sided with an Ohio township who exercised the emergency clause in its collective bargaining agreement (CBA) during the COVID-19 pandemic. The arbitrator upheld a unilateral decision from the township to limit on-site work to essential staff only, which effectively suspended light duty. The township is a party to a CBA with a [...]
Businesses of all sizes have struggled to make ends meet during the COVID-19 pandemic and the ensuing financial downturn. This has caused some employers to modify their pay structures and employees’ hours of work to stay solvent. However, a recent lawsuit against a popular local restaurant reinforces the importance of ensuring these changes adhere to [...]