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Sixth Circuit Weighs in on Discoverability of Comparator Information in Failure to Promote Case

In Jones v. Johnson, No. 18-2252 (January 9, 2020), the Sixth Circuit addressed whether a party was entitled to information about allegedly comparable employees in a failure to promote case.  The lawsuit was filed by a Department of Homeland Security employee, alleging that her employer discriminated against her on the basis of gender by failing [...]

2020-04-02T14:14:58-04:00February 17th, 2020|Newsletter|

Third Circuit Upholds Philadelphia Ordinance Prohibiting Salary History Questions for Job Applicants

The Third Circuit Court of Appeals recently upheld a Philadelphia ordinance prohibiting employers from asking job applicants questions about their salary history. The case is Greater Phila. Chamber of Commerce v. City of Phila., 2020 U.S. App. LEXIS 3598 (3d Cir. 2020).  In 2017, the City of Philadelphia passed an ordinance to combat the disparity [...]

2020-04-02T14:15:24-04:00February 17th, 2020|Newsletter|

DOL Issues Opinion Letter on Determining FMLA Eligibility

In its first opinion letter of the year, FMLA 2020-1-A, the Department of Labor addressed whether a combined health district in Ohio must count the employees of the county in which the health district is located for the purpose of determining FMLA eligibility. As many are aware, employees are FMLA eligible when they work for [...]

2020-04-02T14:18:44-04:00January 14th, 2020|Newsletter|

Township is not Liable for Negligence in Hiring, Training, and Supervising Employees

The Ohio Supreme Court recently explored the question of whether Ohio political-subdivision immunity applies to an action claiming negligent hiring, training, and supervision of a police officer involved in an accident while responding to an emergency call. The case stems from an incident in 2013 where an officer was responding to a call regarding a [...]

2019-12-17T09:17:29-05:00December 17th, 2019|Newsletter|

Cities File Suit Against State of Ohio Over New Gun Law

On November 26, 2019, the City of Cleveland, along with five other cities, filed a lawsuit against the State of Ohio challenging the constitutionality of Ohio’s new gun law, House Bill 228, set to take effect on December 28, 2019. If allowed to take effect, the bill will amend Ohio Revised Code section 9.68. The [...]

2020-04-02T14:20:28-04:00December 17th, 2019|Newsletter|

Final Rule Announced for Calculating Regular Rate for Overtime Purposes

The US Department of Labor announced its final rule applicable to employers seeking to offer perks and benefits to employees without creating confusion regarding their regular rate of pay for overtime calculation purposes. The Fair Labor Standards Act (FLSA) requires employers to pay their non-exempt employees at least one and one-half times their regular rate [...]

2019-12-17T09:16:05-05:00December 17th, 2019|Newsletter|

FDAR Prevails in Sheriff’s Office Arbitration

FDAR attorney Ben Albrecht recently secured a favorable arbitration decision for a County Sheriff’s Office. The issue before the Arbitrator was whether or not the Sheriff’s Office terminated the Grievant for just cause and if the Sheriff’s Office had properly followed the steps of progressive discipline. The issue arose when the Grievant began reporting late [...]

2019-12-17T09:18:32-05:00December 17th, 2019|Newsletter|

Sixth Circuit Holds Employee’s Disability Does Not Excuse Workplace Misconduct

The Sixth Circuit recently issued an employer-friendly decision, finding that an employee’s leave of absence under the Family Medical Leave Act did not excuse his pre-leave misconduct. The case is Williams v. Graphic Packaging Internatl., Inc., 6th Cir. No. 18-5485, 2019 U.S. App. LEXIS 32572 (Oct. 31, 2019) and the Plaintiff, James “Randy” Williams, worked [...]

2019-11-18T11:33:39-05:00November 15th, 2019|Newsletter|