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

FHKAD Attorneys Experience Success in the Sixth Circuit and State Court
FHKAD attorneys Daniel T. Downey and Melanie J. Williamson won on a Motion to Dismiss filed in the Sixth Circuit on behalf of the City of Powell, Ohio.  In Fairfield County Common Pleas Court, FHKAD attorneys Marc A. Fishel and Angelica M. Jarmusz secured summary judgment for the City of Lancaster and several of its City Council members.... Learn More.

Is Past Practice a Practice of the Past?
Employers may want to think twice before relying on past practice as the basis for disciplinary action.... Learn More.

Sixth Circuit Affirms Employer’s Affirmative Defense to Sexual Harassment Liability
Last month, the U.S. Court of Appeals for the Sixth Circuit affirmed that AutoZone was not vicariously liable for a store manager’s sexual harassment of his co-workers. The Sixth Circuit also held that AutoZone established an affirmative defense to the claim.... Learn More.

High Court Strikes Down Sex Offender Social Networking Ban On 1st Amendment Grounds
In an 8-0 decision delivered by Justice Kennedy, the Supreme Court held that a North Carolina law banning registered sex offenders from accessing social-networking websites like Facebook and Twitter was a violation of the First Amendment.... Learn More.

Employees Must Act Reasonably in the Search for a Reasonable Accommodation
A disabled employee’s obligation to participate in identifying reasonable accommodations for her condition was recently highlighted in a case out of the U.S. Court of Appeals for the Seventh Circuit.... Learn More.

Department of Labor No Longer Advocating For $47,476 Salary Threshold
As 2016 was coming to a close, employers scrambled to comply with the Department of Labor’s Final Rule that was set to take effect on December 1, 2016 and more than double the threshold salary for employees to be exempt from overtime. The DOL intended to increase the minimum yearly salary level for overtime exemption from $23,660 to $47,476.... Learn More.

Supreme Court Declines to Rule on Whether Applicants Can Bring ADEA Disparate Impact Claim
The United States Supreme Court recently rejected an appeal seeking review of a ruling that job applicants cannot bring disparate impact claims under the Age Discrimination in Employment Act of 1967.... Learn More.

Public Records Requests: Helpful Tidbits
Since September 28, 2016, persons allegedly aggrieved by a violation of public records access can file a complaint under R.C. 2743.74 instead of initiating a mandamus action in common pleas court. While R.C. 2743.75 does not prescribe a standard of proof, the Court of Claims Special Masters and Judges seem to adopt to the “clear and convincing evidence” standard used in mandamus actions.... Learn More.

CCW Changes on the Horizon

As part of the recently passed State Budget Bill, employers could soon face civil liability for violating R.C. § 2923.1210(A), the CCW law passed last year that allows individuals to store firearms in their privately-owned vehicles on employer property.... Learn More.    

Public Employee “Right-to-Work” Bill Introduced in Ohio House
In the latest bid to make Ohio a “Right-to-Work” state, the House introduced a bill that would eliminate any requirement that public employees must join or pay dues to any employee organization.... Learn More.

Ohio’s Firefighter Cancer Presumption

The Ohio Legislature passed Senate Bill 27, in December 2016, which established a presumption that certain types of cancer were contracted by firefighters as the result of duty-related exposure. The law became effective on April 6, 2017, but was amended on June 30, 2017 with the passage of Sub. H.B. No. 27, the States Biennial Workers’ Compensation Budget Bill.... Learn More.


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7775 Walton Parkway 
Suite 200
New Albany, Ohio 43054
PH: (614) 221-1216
FX: (614) 221-8769




Marc Fishel will present at the Association of Ohio Health Commissioners, Inc. Conference on September 27, 2017.  He will be speaking on medical marijuana issues.  For more information on AOHC, please click here.

Ben Albrecht  will showcase an exhibit in the Buckeye State Sheriffs' Association 87th Annual Conference & Exhibit Show on November 12 and 13, 2017 at the Kalahari Resort in Sandusky, Ohio.  Ribbon cutting and opening ceremonies kick off the event on November 12 at 3:00 PM.  You can visit Ben at his exhibit table from 3PM - 6PM on Sunday, November 12 and on Monday, November 13 from 8 AM - 11:30 AM. 

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


FHKAD is happy to announce that we have settled in to our new office!  We are now located at:

7775 Walton Parkway

Suite 200

New Albany, Ohio 43054

Please join us in welcoming
Abigail Woods, our new intern!

Abi is a third year law student at The Ohio State University 
Moritz College of Law.  Welcome, Abi!


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