On April 19, a federal magistrate ruled that Hamilton County sheriff’s deputies violated the First Amendment when they ordered two people to stop taking photos in the halls of the courthouse. Vanessa Enoch and Avery Corbin, both African American, were reporting and researching the Tracie Hunter case in the Hamilton County, Ohio Court of Common [...]
On March 13th, 2019, an Ohio Court of Claims Judge ruled that text messages sent by a public official regarding official business are public records and can be requested under Ohio’s Open Records Law. Such texts are subject to the law regardless of whether they are made on a personal device or a work device. [...]
Recently, the United States Court of Appeals for the Fourth Circuit held in Parker v. Reema Consulting Services, that a false rumor that a female employee slept with her male boss to obtain a promotion can give rise to the employer’s liability under Title VII for discrimination “because of sex.” 2019 U.S. App. LEXIS 3965. [...]
The Department of Labor (DOL) has issued an opinion letter in an effort to clear up some confusion on the designation of leave under the Family Medical Leave Act. The question presented to the DOL was whether an employee could ask an employer to designate FMLA-qualifying leave as some other form of leave (e.g. sick [...]
FDAR attorneys, Daniel Downey and Melanie Williamson, secured a defense verdict in federal court in the United States Southern District of Ohio following a six-day jury trial. The jury found that the Delaware County Sheriff’s deputies represented by FDAR did not violate the Plaintiff’s constitutional rights. The case stemmed from events that took place on [...]
Employers nationwide are facing more frequent internal and external workplace violence incidents. According to the Occupational Safety and Health Administration, workplace violence is a serious threat affecting nearly two million Americans each year. It ranges from threats and verbal abuse to physical assaults, affecting employees, clients, customers, and visitors. It is crucial for employers to [...]
On November 9, 2018, the Ohio Attorney General issued an opinion regarding a county sheriff’s authority to control the provision of security in a courthouse that is used to house the court of common pleas, as well as other county officers. OAG Opinion 2018-027. The opinion explains the role of the county sheriff, board of [...]
It is vital for employers and employees dealing with the ever-increasing cost of health care and insurance to stay updated on the yearly changes to contribution limits, minimums and maximums. The 2019 changes for Flexible Spending Accounts (FSAs), Health Savings Accounts (HSAs), and High Deductible Health Plans (HDHPs) may be small, but are still important [...]
On December 21, 2018, the Department of Labor (DOL) released an opinion letter addressing whether paying an employee an average hourly rate that may vary from week to week complies with the Fair Labor Standards Act (FLSA). The employer at issue calculated weekly pay by multiplying the employee’s time with clients by his or her [...]
The United States Equal Employment Opportunity Commission (EEOC) revoked a previous rule establishing incentive limits under the Americans with Disabilities Act (ADA) and Genetic Information Non-Disclosure Act (GINA) wellness regulations. This action follows a previous federal court decision vacating the incentive sections of the ADA and GINA wellness rules. Wellness programs are regulated in part [...]