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

LGBTQ Discrimination Law Update
As a developing area of the law, there are three noteworthy updates for cases relating to LGBTQ discrimination under Titles VII and IX of the Civil Rights Act of 1964... Learn More.

SCOTUS Allows Unlawful Pretrial Detention Claims Under Fourth Amendment
The United States Supreme Court recently held that the Fourth Amendment allows unlawful pretrial detention claims to be brought under 42 U.S.C. § 1983, even if the detention occurs after the start of the legal process... Learn More.

Customer Service Rep With Anxiety Attacks Could Not Perform Essential Functions of Her Job
The U.S. Court of Appeals for the Sixth Circuit recently held that an employee who suffered from anxiety attacks could not establish that she was “otherwise qualified” to perform the duties of a customer service representative... Learn More.

Ohio Enacts CCW Friendly Measures: Firearms in Employee Vehicles; Public Buildings; and Other Places
On November 18, 2016, The U.S. Sixth Circuit Court of Appeals issued a decision in UAW v. Hardin County, a case regarding whether or not local government may pass a law prohibiting union-security agreements under the National Labor Relations Act where that state has not passed a right-to-work law... Learn More.

Termination Letter Considered Public Record Under Ohio Law
A Special Master in the Ohio Court of Claims recently held that a city employee’s termination letter was not exempt from disclosure under the Ohio Public Records Act.  The letter was held to be a public record, even though the City of Green and the former employee had signed a confidentiality agreement... Learn More.

Senate Bill 331: Only the State & Federal Government Can Raise Minimum Wage
Senate Bill 331, signed into law by Governor Kasich on December 19, 2016 and effective on March 21, 2017, states that no political subdivision shall establish a minimum wage rate different from the minimum wage set by the state ($8.15 in 2017)... Learn More.

Court Affirms SERB Dismissal of ULP Charge as Untimely
In State ex rel. David Murray v. Ohio State Emp. Relations Bd., Ohio’s Tenth District Court of Appeals held that the State Employment Relations Board did not abuse its discretion in dismissing a union member’s Unfair Labor Practice Charge as untimely... Learn More.

FHKAD Secures Summary Judgment for Township Age Discrimination/Retaliation Case
FHKAD attorney David Riepenhoff secured summary judgment for an Ohio Township in a recent age discrimination and retaliation lawsuit.  ... Learn More.

HB 2 Seeks to Make Employer-Friendly Changes to Ohio Discrimination Law

House Bill 2, introduced on February 1, 2017, and currently in committee, would make changes to the Ohio Civil Rights Law and the procedure for filing charges with the Ohio Civil Rights Commission... Learn More.    

Proposed Legislation Would Allow PTSD Workers’ Comp for First Responders
Two recent proposals in the 132nd Ohio General Assembly, House Bill 161 and Senate Bill 118,  would make safety service workers with post-traumatic stress disorder eligible for workers’ compensation, without requiring them to show an accompanying physical injury... Learn More.

FHKAD Attorneys Secure Dismissal of Union Grievance as Non-arbitrable

In the City of Wadsworth, FHKAD Attorney Benjamin Albrecht successfully argued that the union’s appeal of a written and oral reprimand was non-arbitrable. As a result, the arbitrator denied the grievance... Learn More.



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Frank Hatfield will deliver two dynamic presentations at the Ohio CSEA (Child Support Enforcement Agencies) Dirctors' Association's 2017 Spring Symposium on April 25, 2017.  The first discussion will begin at 8:30 a.m. and is entitled ADA for Employers.  The second begins at 10:15 a.m. and concerns Interviewing and Hiring.  For additional information on the Spring Symposium, please click here.

Marc Fishel  is looking forward to presenting at the 2017 OJFSDA (Ohio Job and Family Services Directors' Association) Annual Training Conference May 18 and 19, 2017.  Marc will share two talks on May 19.  The first talk  is Strategies to Enhance Employee Retention at 10:30 a.m.  The second presentation  will begin at 1:30 p.m. and is entitled Succession Planning - A Little Planning Can Go a Long Way.  To find out more about this conference, please click here.

Ben Albrecht and Frank Hatfield will team up for OPAA's (Ohio Prosecuting Attorneys Association) Summer Workshop on June 23 and 24, 2017.  Ben kicks off the presentations with How to Keep from Getting "Corkscrewed" at the SPBR by Ohio's Civil Service Law at 9:00 a.m. on the 23rd.  Frank will follow, sharing Minimizing the Risk of a Frontier Shooting Gallery: Ohio's CCW Law and the Workplace at 10:45 a.m.  On June 24th, Ben and Frank will be presenting together at 11:15 a.m.  Their presentation is entitled, Roller Coasters, Back Pain and Physician Prescriptions: The Straight Dope on Ohio's Medical Marijuana Law.

To see more dates when our attorneys are speaking, please click here.

JUNE 27, 2017

FHKAD will once again host a one-day seminar:

Hot Topics and E
mployment Law for 2017

Marc Fishel and Benjamin Albrecht will team up to offer you a one day chance to learn about and discuss the many changes in employment law and the benefits of being prepared!  Presentation topics will include:

The Importance of Being Up to Date on Policies and Training
Civil Service Law related to Layoffs and Discipline  

Senate Bill 199 - Concealed Carry in the Workplace

Medical Marijuana and Drug Testing in the Workplace

LGBTQ Issues

Updates Regarding Public Records Law


Stay Tuned for More Information
How You Can Register!!!



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