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Labor And Employment 8/11/10Workers Compensation Temporary Total Disability Rates Include Wages from a Second Job On June 8, 2010, the Ohio Supreme Court held in State ex rel. Fed Ex Ground Package Sys., Inc. v. Industrial Commission, that the Industrial Commission must include wages from a second job in the calculation of an injured worker’s temporary total disability benefits. Read More > 7/14/10 OHIO EMPLOYERS NOT OBLIGATED TO GIVE PREGNANT EMPLOYEES PREFERENTIAL TREATMENT REGARDING LEAVE On June 22, 2010, in a 5-1 decision, the Ohio Supreme Court reversed the 5th District Court of Appeals and rejected the Ohio Civil Rights Commission’s (“OCRC”) position that a “reasonable” amount of maternity leave for pregnant employees regardless of an employee’s length of service with the employer was mandated by Ohio law. Read More > 7/1/10 Recent U.S. Supreme Court Employment Law Rulings 1. Two Member NLRB Board Did Not Form Quorum To Issue Decisions 2. City’s Search of Police Officer’s Text Messages Did Not Violate 4th Amendment Read More > 3/29/10 The Ohio Supreme Court Upholds Legislation Limiting Workplace Intentional Tort Claims On March 23, 2010 the Supreme Court of Ohio handed down two pivotal decisions, Kaminski v. Metal & Wire Products Co. and Stetter v. R.J. Corman Derailment Services, L.L.C. upholding the constitutionality of Ohio Revised Code 2745.01 - the Employer Intentional Tort Statute - which requires employees to prove that the employer acted “with a deliberate intent to cause injury.” Read More > 1/6/10 BROADER LEAVE RIGHTS FOR ARMED FORCES FAMILY MEMBERS On October 28, 2009, President Obama signed the 2010 National Defense Authorization Act (“NDAA”) which expands coverage for military exigency leave and military caregiver leave under the Family and Medical Leave Act (“FMLA”). Read More > 11/18/09 Update on Subrogation Rights Under Ohio Workers Compensation Claims If an employee is injured due to the tortious actions of a third party, the Ohio subrogation statute, R.C. 4123.931, provides the self-insured employers (or the Bureau of Workers’ Compensation) with an absolute right of subrogation against any payment made by a tortfeasor to an injured party, whether that payment is the result of settlement or a judgment after a trial. Read More > 9/11/09 EEOC ISSUES GUIDANCE ON WAIVERS OF DISCRIMINATION CLAIMS IN EMPLOYEE SEVERANCE AGREEMENTS Claims under the Age Discrimination in Employment Act (“ADEA”) are on the rise. The number of workers over the age of 40 is expanding, and those employees are feeling increased pressure to continue working in light of the current economic climate and deteriorating retirement funds. Read More > 11/13/08 ARE YOU READY? Preparing for the “Employee Free Choice Act” A new day for Unions may be ready to dawn in the United States. After decades of declining membership enrollment and weakening political muscle, Unions now sense the opportunity to turn labor law on its head with potentially the most sweeping changes to labor law in over 60 years. Read More > 8/21/08 Get the Facts on Ohio Healthy Families Act – Issue 4 On August 19, 2008, the Ohio Ballot Board issued the official language for Issue #4, the Ohio Healthy Families Act (OHFA). Read More > 7/8/08 EMPLOYERS NOW HAVE BOTH BURDENS OF PRODUCTION AND PERSUASION IN DISPARATE IMPACT ADEA CASES In disparate-impact cases, employers now have the burden of production and persuasion to prove that they did not discriminate against employees aged 40 or older under the Age Discrimination in Employment Act of 1967 (“ADEA”), which seeks to protect older Americans from job discrimination. Read More > 7/3/08 EMPLOYERS: Do you know GINA? Genetic Information Nondiscrimination Act (GINA) of 2007 was signed into law by President Bush on May 21, 2008. Read More > 7/1/08 EMPLOYERS: CHECK YOUR MILITARY LEAVE POLICIES Case Summary: Koehler v. PepsiAmericas, Inc. (6th Cir. 2008) Read More > |
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