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Articles
October 2011
In an article published on October 31, 2011 by the Society for Human Resource Management, titled, "Make Your Workplace Bullyproof," Susan Hartung described the steps which a company should take in order to prevent and, if necessary, deal with issues surrounding workplace bullying.
In the current issue of TLNT.com, Susan Hartung advised employers to implement policies which address the issue of "workplace bullying."
June 2011
In an article posted on June 6, 2011 on the website for the HR publication, TLNT.com, Patricia F. Weisberg discussed the U.S. Department of Labor Wage and Hour Division's recent amendments to the Fair Labor Standards Act. In her piece, titled "Tips and Fluctuating Workweek Scrutinized in DOL's Final FLSA Ruling," Patti provided details regarding the two most notable revisions, which affect tipped employees, tip credits and tip pools, as well as the "fluctuating workweek" method of payment.
April 2011
Sara J. Fagnilli advised employers to be complete, fair and thorough in their decision-making process when contemplating the dismissal of an employee from the workplace in her article, "Navigating the Treacherous Waters of Employee Termination," which was posted on the HR website, TLNT.com, on April 27, 2011.
March 2011
In an article posted on the website for the HR publication, TLNT.com, Susan Keating Anderson asserted that employers - whether unionized or not - would be wise to adopt written "acceptable use" and social media policies. This article, titled "Beyond the NLRB Scare: Why You Need Smart Social Media Policies in the Workplace," appeared on-line on March 23, 2011.
In her article, "Regulating the Medical Workplace in the World of Web 2.0," published in the March/April, 2011 issue of Northern Ohio Physician, Susan Keating Anderson discussed the important role of social media policies in today's medical workplaces.
February 2011
In her article, "Why Background Checks Are a Necessary Evil," which appeared on February 25, 2011 in the on-line HR publication, TLNT.com, Patricia F. Weisberg cautioned employers to be cognizant of the law when conducting background checks on prospective employees.
January 2011
In an article posted on the HR website, TLNT.com, Jeremy J. Sharp indicated that companies looking to reduce health care costs should invest in corporate wellness programs in 2011. Entitled, "Corporate Wellness Programs: Are They a Wise Investment for Employers?," this piece appeared on-line on January 21, 2011.
December 2010
In his article, "Is Your Facebook Status a Protected Activity Under Federal Labor Law?," posted on TLNT.com on December 15, 2010, Darrell A. Clay discussed the recent NLRB action against American Medical Response of Connecticut, Inc. and its possible implications for companies' employee internet policies.
November 2010
In her article, "What Every Employer Needs to Know to Avoid an 'Office Party Gone Wrong'," published on November 22, 2010 by TLNT.com, Patricia F. Weisberg advised employers on how to host enjoyable holiday office parties while, at the same time, minimizing their liability for employees' actions at these company-sponsored events.
October 2010
On October 27, 2010, an article by William R. Hanna appeared in the on-line HR publication, TLNT. In this piece, titled "The FMLA Challenge: Reinterpreting the Law for a Diverse World," Bill discussed several recent legislative amendments and administrative interpretations pertaining to the Family and Medical Leave Act (FMLA), many of which resulted from public officials' efforts to address issues concerning families affected by military service and by diverse or "non-traditional" families.
September 2010
Patricia F. Weisberg advised employers on the legality of unpaid internship programs in her article, "Internship Crackdown: What You Must Do to Comply with the Law," which appeared on September 28, 2010 in the on-line HR publication, TLNT.
Autumn 2010
Susan R. Hartung addressed the topic of adolescent "bullying" in an article entitled, "The Law," published in Your Teen magazine. In her piece, Susan discussed measures which schools must take in order to comply with Ohio law on this issue, and she advised parents to work with school administrators in order to halt this form of harassment.
August 2010
On August 27, 2010, an article by Mark S. Floyd was posted in the on-line publication, Corporate Compliance Insights. In this piece, titled "Use Compliance Audits, Compliance Plans to Avoid Complacency," Mark provided advice on how corporate HR departments can best assure compliance with rules and regulations in today's ever-changing regulatory and legislative landscape.
In his article, "Ohio Supreme Court: Employers Are Not Required to Grant Maternity Leave," posted on-line in the HR publication, TLNT, Morris L. Hawk discussed the Court's recent decision and its impact upon employers in the case of McFee v. Nursing Care Mgt. of Am., Inc.
July 27, 2010
In an online article published by TLNT, titled "ENDA is Coming - and Employers Need to Start Thinking About it Now," Bill Hanna discussed the potential ramifications for employers should Congress pass the pending Employment Non-Discrimination Act.
June 21, 2010
In her article, "New Initiatives Mean More Employee Complaints, More Employer Burdens," which appeared in the new online publication, TLNT, Patricia F. Weisberg discussed several new programs initiated by the U.S. Department of Labor and commented upon their implications for employers.
May 2010
Michael Schmeltzer cautioned employers about terminating an injured employee under the auspices of a "no restrictions" policy in his article, "Understand the Pitfalls of Dismissing Injured Employees," which has been archived by Workplace HR & Safety in its "HR Email Report."
April 2010
In the online publication, Workforce Management, Patricia Weisberg addressed some of the challenges facing employers when deciding whether to implement "voluntary" wellness programs in the workplace, in her article, "Wellness Programs: Legal Requirements and Risks."
December 2009
Crain's Cleveland Business, "The Interview" (re: employers' potential liability at holiday parties), by Patricia Weisberg
"Training - Your Best Friend or Worst Enemy?," by Christine Cossler
July/August 2009
In the July/August 2009 issue of the magazine, Cities & Villages, the article, "Continuous Challenges: Compensatory Time in The Public Sector," written by Marc Bloch addressed the challenges facing public sector employers which use 'comp time' as a means of compensating employees for statutory overtime hours.
Spring 2009
Your Teen magazine, "Consequences for Parents as Social Hosts," by Patricia Weisberg
April 2009
In the article, "Be wary of free choice act ramifications," published in the April 13, 2009 issue of Crain's Cleveland Business, Marc Bloch reflected upon the impact of the 1984 Ohio Collective Bargaining Act and its potential parallels with the proposed federal Employee Free Choice Act.
February 2009
Eric Johnson's article, "Dusting Off the Employee Handbook," discusses the need to keep your company manuals up to date due to the constant changes in employment laws.
January 2009
Patricia Weisberg discussed the laws and regulations governing minors in the workplace in the article, "Teen Employment: Laws and Regulations That Parents Should Know," published in the Winter, 2009 issue of Your Teen magazine.
In the January 6, 2009 issue of the online magazine Workplace HR & Safety, Patricia Weisberg warns that employers must tread carefully when offering health insurance incentives to participating workers, in her article entitled, "Navigating the Legal Minefield of Employee Wellness Programs."
December 2008
Eric Johnson advised employers on the ramifications of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) in an on-line article posted by the Ohio State Bar Association, entitled "Employers Must Pay Attention to Expanded Reach of Americans with Disabilities Act."
October | September 2008
In the September/October, 2008 issue of Cities & Villages magazine, William R. Hanna discussed the ever-changing legal landscape governing the relationship between employers (including municipalities) and their employees who are serving in the military, in the article entitled, "Update: New Legal Developments Affect Employers with Employees In The Military."
In the premier issue of YourTeen magazine, Patricia F. Weisberg discussed three important changes to Ohio law which impact parents and their teenage drivers, in her article entitled, "Restrictions in Ohio for Teen Drivers."
May 2008
In an article which was published in the May 16, 2008 issue of the Cleveland Jewish News, Nancy A. Noall discussed the problem of substance abuse in the workplace and offered advice to businesses considering the implementation of "substance abuse" policies. See Article
Newsletters
January 2012
"NLRB Delays Notice Posting Requirements," by Patricia F. Weisberg
December 2011
"Ohio's Minimum Wage Will Increase January 1, 2012," by Patricia F. Weisberg
October 2011
"Effective Date for Posting NLRB Notice Extended Until January 31, 2012," by Patricia F. Weisberg
August 2011
"Employers Now Required to Post Notice of Employee RIghts to Join a Union"
June 2011
"New Notice Deadlines, Model Notices for Medicare Part D," by Jeremy J. Sharp
"June 30th Deadline for Amendments to Cafeteria Plans," by Jeremy J. Sharp
May 2011
"Supreme Court Decision Underscores Importance of Maintaining Plan Documents and Summary Plan Descriptions for Employers," by Jeremy J. Sharp
"OT Liability? There's An Application For That..." by Jeremy J. Sharp
March 2011
"Summary of Changes to the Collective Bargaining Process for Public Employers," by Eric J. Johnson
"Proposed Amendments to the Ohio Collective Bargaining Laws for Public Employers and Employees," by Christopher L. Gibbon
February 2011
"Supreme Court Recognizes Third-Party Right To Pursue Retaliation Claims Under Title VII," by Eric J. Johnson
January 2011
"IRS Delays Effective Date of Nondiscrimination Rules for Insured Group Health Plans," by Jeremy J. Sharp
December 2010
"New GINA Regulations May Necessitate Revisions to Employer Medical Certification Forms," by Jeremy J. Sharp
October 2010
"IRS Form W-2 Reporting for Employer-Provided Health Care Delayed," by Jeremy J. Sharp
"Ohio's Minimum Wage Will Increase January 1, 2011," by Patricia F. Weisberg
July 2010
"DOL Issues A Fact Sheet on Breaks for Nursing Mothers," by Nancy A. Noall and Michael Schmeltzer
June 2010
"The Ohio Supreme Court Rules That Employers Are Not Required to Grant Maternity Leave to Pregnant Employees," by Morris L. Hawk
"Employees Injured Off-Site and On Breaks May Still Be Entitled To Workers' Compensation Benefits," by Michael Schmeltzer
"Child Labor Revised Regulations Effective July 2010," by Patricia F. Weisberg
May 2010
"You're HIREd! New Law Provides Tax Benefits for Hiring Unemployed Workers," by Susan R. Hartung
"Unpaid Internships: Are They Legal?" by Patricia F. Weisberg
April 2010
"COBRA Subsidy Extended - Again - Through May 31, 2010"
"The Ohio Supreme Court Upholds Statute Limiting Intentional Tort Lawsuits," by Michael J. Spisak and Michael Schmeltzer
"Breastfeeding Moms Given Federal Protection in the Workplace," by Nancy A. Noall and Michael Schmeltzer
March 2010
"COBRA Subsidy: Clarification of the March 2010 Extension," by Patricia F. Weisberg
"COBRA Subsidy Extended Through March 31, 2010," by Patricia F. Weisberg
February 2010
"Employers Must Exercise Caution When Applying Their Policies to Employees with Any History of Illness, Injury or Serious Medical Conditions," by Michael Schmeltzer
January 2010
"Gender-Specific Vulgarities Sufficient To Establish A Claim For Sexual Harassment Even If The Comments Are Not Directed At Plaintiff," by Morris L. Hawk and William R. Hanna
"Recent Updates on COBRA Subsidy Extensions"
December 2009
"COBRA Subsidy Extended Through February 28, 2010," by Patricia F. Weisberg
"The NLRB's Definition of a "Perfectly Clear" Successor Is Often Quite Murky," by Nancy Noall
"Ohio's Minimum Wage Won't Rise in 2010"
November 2009
"More Changes in the FMLA", by Patricia Weisberg and Michael Schmeltzer
October 2009
"EEOC Releases New Equal Employment Opportunity Poster"
"Employers Can't Contract Away Liability for Discriminatory Acts," by Heather R. Baldwin Vlasuk
September 2009
"EEOC Publishes Proposed Rules Implementing the Amendments to the Americans with Disabilities Act," by Morris L. Hawk
"EEOC Slaps Employers with Lawsuits for Failing to Alter Medical Leave and Termination Policies for Disabled Employees," by Nancy A. Noall and Michael Schmeltzer
August 2009
"Breast-feeding Moms Have to Follow the Rules at Work," by Michael Schmeltzer
April 2009
April 2009
United States Supreme Court Upholds Arbitration Clause In Collective Bargaining Agreements For Age Discrimination Claims
March 2009
Article Update - COBRA Subsidy
February 2009
New COBRA Continuation Subsidy
January 2009
Revised FMLA Regulations Require New Practices
October 2008
Expanded Reach of ADA Will Require Increased Attention By Employers
July 2008
Seven Sick Days are Coming - Ohio's Healthy Families Act
June 2008
Keep Your Employees - And Your Business - Healthy
Law Will Ban Employers From Making Employment Decisions Based Upon Genetic Information.
April 2008
Spring 2008
Location, Location, Location: Understanding FMLA Liability For Contract and Temporary Employees.
Employment Practices Liability Insurance
Winter 2008
FMLA: Expanded for Military Families
Fall 2007
OHIO’S MINIMUM WAGE WILL INCREASE JANUARY 1, 2008
June 2007
Employee Free Choice Act Temporarily Stalls in Senate But is Likely to Resurface
The "Employee Free Choice Act" Could Revolutionize Union Organizing Campaigns
May 2007
New Challenge to Required use of Paid Leave During FMLA
November 2006
Client Alert on Employment Law - On Issue 5, "What do employers need to do to comply with Ohio's "Smoke Free Workplace Act" and Issue 2, "The success of Issue 2 creates a constitutional amendment replete with new employer responsibilities".
October 2006
Traps For The Unwary: Drafting Severance Agreements And Releases That Will Stand Up In Court
January 2006
Department of Labor Issues Regulations Addressing USERRA Rights and Responsibilities.
Fall 2004
Walter & Haverfield attorney, Morris L. Hawk, explains the Department of Labors new regulations setting forth the “white-collar exemptions” to the overtime requirements of the Fair Labor Standards Act, effective August 23, 2004. Since his article in the Fall of 2004, the amendment to the appropriations bill blocking funding for the enforcement of these new regulations has been dropped. This means the new regulations are fully enforceable and employers should take steps to ensure their employees are properly classified as either exempt or non-exempt from the overtime requirements of the FLSA.
April 2004
This client briefing explains the Ohio Supreme Court decision that allows employers more flexibility when requiring employees to sign noncompetition agreements. If you are an Ohio employer with questions about the enforceability of your company's noncompetition agreements, read this article in its entirety.
March 2004
Ohio's New Concealed Weapons Law And What It Means For Employers
Effective April 8, 2004, Ohio residents are allowed to carry concealed firearms. Do you know what your rights and responsibilities are as an employer? In this client briefing, W&H Partner Patricia F. Weisberg explains this new law and what you can do to prohibit employees or third parties from bringing weapons onto your premises.
A member of the firm's Employment and Labor Law Group , Patti regularly counsels employers in understanding and complying with state and federal employment laws. She is available to answer your questions regarding this concealed weapons law or to help you put your policies in writing.
