Last Tuesday, September 13, the Ohio Supreme Court struck down a state statute that prohibited public-sector labor unions and their members from encouraging targeted picketing at the homes of public officials, stating that the law was an unconstitutional content-based restriction on free speech. The decision was unanimous as to the result, but the Justices were … Continue Reading
Register for this event The Supreme Court’s June 2022 decision reversing long-standing precedent protecting abortion rights has created complexities for employers and other organizations across the US. As we continue to watch the impact of the Dobbs v. Jackson Women’s Health Organization decision unfold, please join our team of lawyers in a conversation highlighting where we are now … Continue Reading
Today, in a 6-3 decision, the nation’s highest court reversed the long-standing, seminal pro-abortion case in Roe v. Wade. Justice Samuel Alito authored the majority opinion in Dobbs v. Jackson Women’s Health Organization, holding that, “[t]he Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion … Continue Reading
On April 16, 2020, President Trump unveiled broad new federal guidelines laying out conditions for states to begin relaxing the strict measures imposed to try to slow the spread of the coronavirus. The new guidance identifies the necessary circumstances for areas of the country to allow employees to start returning to work. Trump emphasized that … Continue Reading
One of the biggest questions plaguing employers during the COVID-19 pandemic is whether or not to provide employees with respirators—the holy grail of all PPE at this time. On March 11, 2020, the White House issued a Presidential Memorandum, entitled “Making General Use Respirators Available,” which mandated all necessary efforts by the government and public at … Continue Reading
The US Department of Labor (DOL) has issued a number of publications offering guidance to the states for implementing certain federal unemployment insurance provisions contained in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), including the Pandemic Unemployment Assistance (PUA), Federal Pandemic Unemployment Compensation (FPUC), and Pandemic Emergency Unemployment Compensation (PEUC) programs. As … Continue Reading
Ohio, like all other states, is facing an unprecedented rise in unemployment claims as a result of the COVID-19 pandemic. In Ohio, 111,055 unemployment claims were filed between March 15-18, 2020. At the same point just one week ago, there were under 4,000 claims. These numbers are expected to increase in the coming days and … Continue Reading
If you carefully document employee performance in an objective, consistent manner, you will have the information you need to prepare an effective evaluation. You will also have the evidence you need to rely on in a charge of discrimination or court, if need be. In any wrongful termination or employment discrimination lawsuit, one of the … Continue Reading
In April 2012, the EEOC held for the first time in Macy v. Holder that transgender discrimination is sex discrimination and that Title VII sex discrimination prohibits discrimination of a job applicant based upon her status as a transgender woman. The opinion relied heavily on the US Supreme Court’s decision in Price Waterhouse v. Hopkins, … Continue Reading
On September 28, 2017, the US Supreme Court agreed to hear a challenge to the so-called “fair share” fees public employee unions collect from non-members. The justices agreed to hear a case brought by non-union government employees in Illinois that targets fees that their state and many others compel such workers to pay to unions … Continue Reading
A U.S. District Court for the Southern District of Florida has held that Title III of the ADA, applicable to “Public Accommodations” applies to the Winn-Dixie Companies’ website, finding that the company has an obligation to make their website accessible by individuals with disabilities who use computers, laptops, tablets and smart phones. The policy must … Continue Reading
A federal appeals court ruling in a case coming out of Maine involving overtime pay and dairy delivery drivers didn’t come down to trucks, milk, or money. Instead, it revolved around one of the biggest debates in the “grammar nerd” world – the “Oxford comma.” Do you remember the Oxford comma from your grammar school days? … Continue Reading
The NLRB was intended to be an unbiased arbiter of labor disputes, ensuring workers were protected from unfair labor practices. As we have seen in previous blogs, in the past several years, the NLRB has been unapologetically pro-union. President Trump’s appointment of Philip A. Miscimarra, a tenured board member who has been a tireless advocate … Continue Reading
On August 22, 2014, the National Labor Relations Board (NLRB) affirmed an administrative law judge’s January 2012 ruling that Triple Play Sports Bar and Grille (Triple Play) unlawfully fired bartender-waitress Jillian Sanzone and cook Vincent Spinella requiring they be rehired and provided back pay and benefits with interest. In Triple Play v. Sazone and Triple … Continue Reading
On February 12, 2014, the National Labor Relations Board decided to continue to protect the right of union members to post freely on Facebook and this time, even finds that the Union itself has no obligation to disavow or remove comments which very clearly threatened some of its members if they crossed the picket line. … Continue Reading
Governor Rick Perry approved Texas H.B. 1188 which amends the Texas Civil Practice and Remedies Code [pdf] to prohibit most causes of action “against an employer, general contractor, premises owner, or other third party solely for negligently hiring or failing to adequately supervise an employee, based on evidence that the employee has been convicted of … Continue Reading
On January 28, 2013, the Northern District of Ohio granted Defendant Kaplan Higher Education’s motion for summary judgment in EEOC v. Kaplan Higher Education Corp. The Court dismissed the matter because the EEOC failed to meet its burden of proving that Kaplan’s use of background checks had a “disparate impact” on minority applicants. In the case, … Continue Reading
For the past year, the NLRB has issued a large number of decisions on a multitude of issues. After today’s 47-page ruling [pdf] from DC Circuit Judges David B. Sentelle, Karen LeCraft Henderson and Thomas B. Griffith, those decisions are now invalid. The Court held that President Obama’s January 4, 2012 recess appointments of Sharon Block, … Continue Reading
On September 7, 2012, in United States v. Quality Stores Inc., No. 10-1563, [pdf] the Sixth Circuit Court of Appeals found that employment taxes should not have been imposed on severance pay for hundreds of employees in an involuntary layoff. The Court reasoned that the severance payments were not wages subject to the tax because … Continue Reading
On September 7, 2012, the National Labor Relations Board (NLRB) issued its first opinion invalidating an employer’s electronic posting rules in Costco Wholesale Corp. [pdf] The topic of social media has received almost unprecedented attention by the NLRB as identified in three reports issued by Acting General Counsel Lafe Solomon in the past 12 months … Continue Reading
The U.S. Congress followed Maryland’s lead and introduced bills in both houses which would prohibit employers from requiring prospective or current employees to provide their employer with passwords to their social media accounts such as Facebook and Twitter. The bills make it an illegal invasion of the employee’s privacy. The Senate version of the law … Continue Reading
On March 23, Facebook Chief Privacy Officer Erin Egan warned its users in a blog post “to keep their password to themselves, and [Facebook] will do [its] best to protect that right.” The blog post was prompted by Facebook receiving “a distressing increase in reports of employers or others seeking to gain inappropriate access to … Continue Reading
On January 4, 2011, President Obama announced that he was using his recess appointment powers to place Department of Labor Attorney Sharon Block (democrat), labor lawyer Richard Griffin (democrat), and NLRB counsel Terence Flynn (republican) to the NLRB (“Board”). The timing of the appointments was strategic as current board member Craig Becker’s term was set … Continue Reading
On November 8, 2011, voters overwhelmingly rejected issue 2 which was a ballot referendum on Senate Bill 5 that, if enacted, would have significantly changed collective bargaining in Ohio. Union organizers and democratic leaders view the victory as a loud message to Governor Kasich that Ohioans strongly support union negotiations. In addition, the opponents of … Continue Reading
