Fall 2017
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A Periodic Publication of Fishel Hass Kim Albrecht Downey LLP

Supreme Court to Rule on Constitutionality of Union “Fair Share” Fees
On September 29, 2017, the U.S. Supreme Court agreed to hear the case of Janus v. American Federation of State, Municipal and County Employees, a case involving “fair share” agency fees paid by public sector employees who are not union members.... Learn More.

Court Finds a Harassing Supervisor Was Not Really a “Supervisor” under Title VII
On October 3, 2017, the U.S. Sixth Circuit Court of Appeals held that for a supervisory relationship to exist in Title VII discrimination cases, therefore making the employer vicariously liable, the alleged supervisor must be “empowered by the employer to take tangible employment actions against the victim."... 
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FLSA Overtime Rule is Off, For Now
On August 31, 2017, a federal judge from the U.S. District Court for the Eastern District of Texas struck down the controversial Obama-era Department of Labor (DOL) overtime rule that had been introduced in 2016. Through that rule, the DOL sought to expand the eligibility of employees who could earn “time-and-a-half” overtime pay for working in excess of 40 hours per week. Under the Fair Labor Standards Act (“FLSA”), workers who are paid on a salary basis of at least a minimum annual salary threshold, and who perform exempt job duties, are exempt from the eligibility for overtime pay....
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New Ohio Workers’ Comp Laws Take Effect
Effective September 29, 2017, several changes to Ohio Workers’ Compensation Act took effect. These changes were the result of Sub. H.B. No. 27, the States Biennial Workers’ Compensation Budget Bill, which was passed on June 30, 2017....
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FHKAD Attorneys Win Jury Trial in U.S. District Court
Congratulations to FHKAD attorneys 
Daniel T. Downey and Melanie J. Williamson who recently won a jury trial in United States District Court in the Southern District of Ohio on behalf of two Butler County Sheriff’s Corrections Officers.... Learn More.

DOJ Takes Stance that Title VII Does Not Prohibit Sexual Orientation Discrimination
The U.S. Department of Justice (DOJ), under the Trump administration, recently argued that that Title VII of the Civil Rights act of 1964 does not protect workers from discrimination on the basis of sexual orientation....
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Federal Court Dismisses “Knock and Talk” Case Against County
FHKAD attorneys
Daniel T. Downey and Paul M. Bernhart recently received summary judgment for a County and its Sheriff Deputies in a lawsuit alleging an unlawful search and seizure in violation of the Fourth and Fourteenth Amendments.... Learn More.

Revised I-9 Employment Eligibility Form
The U.S. Citizenship and Immigration Services (USCIS) released a revised I-9 Employment Eligibility Form on July 17, 2017. The changes are mostly minor, including additions to the List of Acceptable Documents on the I-9 Form.... Learn More.   

Court Questions EEOC Final Rules Regarding Wellness Programs
Wellness program have become popular in many work places in the last several years as a means of promoting employee health and reducing healthcare costs. A federal district court recently evaluated the validity of an Equal Employment Opportunity Commission (EEOC) rule dealing with incentives – financial or otherwise – that may be offered to employees in connection with employer-sponsored wellness programs....
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Ben Albrecht will present Americans with Disabilities Act for Clermont County's Management Roundtable on October 27.

November 1, Ben is looking forward to participating in Perry County's Safety Day.  He will present Harassment in the Workplace.

November 12 and 13, Ben heads to Sandusky, Ohio to represent FHKAD at the Buckeye State Sheriffs' Association's 87th Annual Conference and Exhibit Show.

Dan Downey will team up with Todd Raskin from Mazanec, Raskin & Ryder on November 15. They will be presenting Best Practices for Avoiding Critical Incidents in Your Public Safety Ranks to the Ohio Public Employer Labor Relations Association (OHPELRA).

Frank Hatfield is speaking to the Fairfield County Bar Association on Nov. 16. He will be presenting Ohio’s Medical Marijuana Law.

Stephanie Schoolcraft looks forward to being a part of the County Commissioners Clerks and Engineer’s Administrative Professional Association of Ohio’s (CCC-EAPA) Winter Conference on December 12.   She will be presenting Attendance and Leave Issues.

For more information on these and future speaking engagements, please click here.

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Congratulations are in Order!

We are proud to announce that several of the firm’s attorneys have been named to the
2018 Best Lawyers ® in America List.
Benjamin Albrecht, Daniel Downey, Marc Fishel and Edward Kim
were named as Best Lawyers ®in their respective practice areas.


Marc Fishel has been reappointed as a member of the Commission on Dispute Resolution,
serving as a representative of the Ohio Municipal League. "The Justices of the Court
appreciate your commitment to serve your profession and the people of Ohio
as a member of the Commission on Dispute Resolution."


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