On December 14, 2017, the National Labor Relations Board overturned a controversial 13-year precedent and issued a major decision relating to the legality and enforceability of certain employee handbook rules for employers nationwide. This decision is likely to have far-reaching impact on the employer – employee relationship. With this NLRB action, a major constraint […]
The National Labor Relations Board’s recent noteworthy decision to reverse the joint-employer standard will likely impact a variety of industries and businesses nationwide. That decision centers around the case of Hy-Brand Industrial Contractors, Ltd. On December 14, 2017, the NLRB ruled that two or more entities will be considered joint employers only if there […]
The National Labor Relations Board (NLRB) recently reversed the joint-employer standard, and Walter | Haverfield attorney Max Rieker wrote about the change for the Council of Smaller Enterprises (COSE). His article was published in COSE’s e-newsletter, “Mind Your Business.”
“The past year has brought with it endemic and unsettled political questions in the world of labor and employment law – with more to come in 2018,” writes Walter | Haverfield attorney Max Rieker for Crain’s Cleveland Business.
Just when U.S. employers thought they could rely on a tighter, more favorable test for the determination of joint employer liability, the National Labor Relations Board’s joint employer saga lingers on – for now. In December 2017, the NLRB reversed its prior Browning-Ferris Industries joint employer rule. The old Browning-Ferris rule was perhaps the […]
On May 21, 2018, the Supreme Court limited the rights of millions of employees to bring class action cases against their employers in employment disputes involving mandatory arbitration clauses. The landmark ruling delivers a sharp setback for groups of employees who wish to band together to file wage and hour claims against their employer. […]
The Supreme Court’s June 27, 2018 Janus v. AFSCME decision may prove to be the most significant labor law case in half a century. The 5-4 case outlaws mandatory “fair share” fees for public employees who refuse membership in unions. Early post-Janus analysis indicates that the ruling is having a severe financial impact on public […]
On November 6, 2018, the U.S. Supreme Court unanimously ruled that the Age Discrimination in Employment Act (ADEA) applies to all government employers, regardless of the number of people they employ. In issuing its decision (Mt. Lemmon Fire District v. Guido), the court eliminated this longstanding area of confusion for smaller public employers. When the […]
Although the implementation of Ohio’s medical marijuana enterprise continues to advance at a steady pace, Ohio case law lags behind. New rules that address medical marijuana in the workplace are in their infancy. That puts extra burden on employers, particularly in safety-sensitive industries, to establish or revise policies as needed and before problems occur. Because […]
On March 14, 2019, the Department of Labor issued three important new opinion letters that address Family and Medical Leave Act (FMLA) and Fair Labor Standards Act (FLSA) compliance. While not actually law, these letters express the DOL’s official opinion and constitute important guidance on how the law applies to certain circumstances. The FMLA letter […]
Until recently, the federal courts of appeals had been deeply split on the question of whether workers’ obligation to file a claim with the Equal Employment Opportunity Commission (EEOC) or similar state agencies prior to suing their employers is a procedural or jurisdictional obligation. As the U.S. Supreme Court explained, this is an important distinction […]
March 10, 2020 As COVID-19 (coronavirus) spreads into Ohio, it’s important for employers to be prepared in their response to employees who are sick and be ready for the impact of the virus on the workplace. According to the Centers for Disease Control and Prevention (“CDC”), typical COVID-19 symptoms include fever, cough, and shortness of […]
March 15, 2020 The coronavirus (COVID-19) crisis is evolving on a daily basis. On March 11, 2020, the World Health Organization (WHO) has declared the outbreak a pandemic. Government agencies, businesses, and employers are all struggling to react as effectively as possible. This guidance is based on currently known information surrounding COVID-19 and is subject […]
This article was updated as of 5/6/2020. Now that the funds from the Small Business Administration’s (SBA) Paycheck Protection Program (PPP) have started flowing to eligible applicants, businesses have two primary concerns: (1) was it a mistake to apply for a PPP forgivable loan, and (2) how can businesses maximize the forgiveness of those loans? […]
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