The DOL has issued a long-awaited final rule addressing the standard for determining joint-employer status in the context of the Fair Labor Standards Act (FLSA). The rule seeks to settle confusion surrounding when a joint employer relationship is created for liability purposes under the FLSA. Prior to the rule issuance, federal circuit courts had been [...]
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 [...]
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 [...]
The Sixth Circuit recently issued a ruling in a case involving an employee who was required to work in excess of a work restriction provided by her physician. The Plaintiff in Morrissey v. Laurel Health Care Co., No. 18-1704 (6th Cir. Dec. 3, 2019), Rita Morrissey, a licensed practical nurse, worked for The Laurels of [...]
The Sixth Circuit recently issued a ruling in a case holding that employers cannot limit the amount of time their employees have to file claims under Title VII with employment contracts. The case is Logan v. MGM Grand Detroit Casino, 939 F.3d 824 (6th Cir. 2019). Prior to starting her job as a cook for [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
