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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."... Learn More.
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....Learn More.
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.... Learn More.
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.... Learn More.
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.... Learn More.
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