There has been an increased focus in recent years on parental leave policies and benefits as employers compete to hire and retain top flight talent. A recent $5 million Chase Bank settlement highlights Title VII’s unique application to parental leave policies. Under Title VII of the Civil Rights Act of 1964, employers cannot discriminate against [...]
Ohio Governor, Mike DeWine just signed Ohio Senate Bill 57 which allows for the immediate sale of cannabidiol (“CBD”) and hemp cultivation. For employers, this will likely result in an increase in positive drug tests and create additional obstacles in combating the culture of normality around marijuana use. CBD is one of the hundreds of [...]
In a case involving patent and trademark restrictions, the U.S. Supreme Court, in the case of Iancu v. Brunetti, addressed a First Amendment issue with implications for public employers. In a 6-3 decision the court invalidated the Patent and Trademark Office’s (“PTO”) bar on registering trademarks for “immoral or scandalous” content. The PTO was acting [...]
The Plain View Project has been in the news recently and serves a reminder to law enforcement agencies of the importance of a social media policy. The Plain View Project was started by a Philadelphia based attorney and examined the social media accounts of roughly 2,900 active and 600 retired police officers from eight departments [...]
Ohio SB 149 was introduced on May 13, 2019 and aims to prevent employers from considering a prospective employee’s wage or salary history when making hiring decisions. If passed, the legislation would prohibit employers from refusing to interview or consider applicants based on their wage or salary history. It also prevents any attempts to request [...]
A common issue frequently arises concerning public meetings of County Commissioners, City Council and Township Trustees: can government officials/bodies limit public comment/discussion during these meetings? Courts have held public meetings are considered a limited public forum. As a limited public forum, the government entity can impose reasonable, content-neutral speech restrictions during public meetings. Thus, government [...]
On June 5, 2019, the Ohio House of Representatives passed Substitute House Bill 80, which proposes several changes to the operation of the Bureau of Workers’ Compensation’s programs. Under the current law, a first responder is prohibited from bringing a claim for a psychological condition without an underlying physical condition. This amendment will allow first [...]
On May 7, 2019 House Bill 238 was introduced, proposing amendments to Ohio’s current whistleblower statute. A whistleblower is an employee who alerts the proper authorities that their employer is doing something illegal or otherwise against the public trust. Whistleblower laws are meant to protect employees from being retaliated against by their employers. The amendments [...]
The U.S. Supreme Court declined to hear the appeal of Joseph A. Kennedy, a high school coach who was effectively removed by his school district for praying on the field immediately after the high school football games. Kennedy brought an action alleging that the district retaliated against him for exercising his First Amendment rights when [...]
Earlier this year, the United States District Court for the Western District of Washington held that union members who authorized the deduction of dues from their wage cannot claim a First Amendment violation. Belgau v. Inslee, 2018 U.S. Dist. LEXIS 175543. The court dismissed the plaintiffs’ claims, finding that they voluntarily authorized the deduction of [...]