Entries by Max V. Rieker

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Paycheck Protection Program Recipients: Be Prepared to Justify Your Need for Funding

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? […]


Supreme Court Clarifies Age Discrimination Law for Public Employers

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 […]

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Immediate Impact – The Janus Effect in the Workplace

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 […]

Medical Marijuana in the Workplace – An Employer’s Dilemma

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 […]


Supreme Court Weakens Employer Procedural Defenses in Discrimination Claims

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 […]

Will the Real Employer Please Stand Up

  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 […]

Major Change to Employee Handbook Requirements

  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 […]