Posted in: Labor & Employment Services

'Ending Forced Arbitration of Sexual Assault and Sexual Harassment’ and Its Impact on Employers

March 30, 2022  President Biden recently signed significant legislation titled “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” (“the Act”) which prohibits forced arbitration for sexual assault and sexual…

Loose Lips Don’t Just Sink Ships, They May Cost Companies Their Union-Free Status

March 3, 2022  As anticipated, President Biden’s National Labor Relations Board (NLRB) has been openly active regarding support of unions and unionization. On February 1, 2022, NLRB General Counsel Jennifer Abruzzo (The General Counsel…

United States Supreme Court Blocks OSHA’s Vaccine Mandate for Large Private Employers, But Allows Vaccine Mandate for Health Care Workers

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January 14, 2022  On January 13, 2022, the United States Supreme Court blocked the Occupational Safety and Health Administration’s (OSHA) Vaccination and Testing Emergency Temporary Standard (ETS) for private employers with 100 or more…

Sixth Circuit Lifts Stay on Vaccine Mandate

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December 21, 2021 On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued its Covid-19 Vaccination and Testing Emergency Temporary Standard (ETS) that compels private employers with 100 or more employees to implement…

OSHA Issues Emergency Temporary Standard for COVID-19 Vaccination

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November 4, 2021  The Occupational Safety and Health Administration (OSHA) announced its Covid-19 Vaccination and Testing Emergency Temporary Standard (ETS) that requires many employers to implement mandatory COVID-19 vaccination policies…

Biden Announces Employee COVID-19 Vaccination Requirements for Large Private Sector Employers, Federal Contractors, and Most Healthcare Employers

September 14, 2021 On September 9, 2021, President Biden announced his six-pronged Path Out of the Pandemic COVID-19 Action Plan containing vaccination and testing requirements applicable to most federal, private, and healthcare employers.…

Return of Obama Era Employee Standards? Company Email and Handbooks for Union Organizing Under Biden

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September 13, 2021  All new presidential administrations lay out their agenda for prospective action for each respective executive agency.  On August 12, 2021, the General Counsel for the National Labor Relations Board (Board or NLRB),…

The EEOC Provides Further Clarification on COVID-19 Issues and Re-Affirms That Employers May Require Employees to Get Vaccinated

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June 3, 2021 On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) updated and expanded its technical assistance publication addressing COVID-19 issues arising under the federal equal employment opportunity laws.  In its updated…

Legislative Changes to Employee Benefits Law: Federal Funding for COBRA and Flexible Spending Account Relief

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May 14, 2021  In response to the coronavirus pandemic, Congress enacted several legislative changes to employee benefits law. The Consolidated Appropriations Act of 2021 (“CAA”) creates temporary special rules for health and dependent…

DOL Withdraws Final Independent Contractor Rule

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May 12, 2021 On May 6, 2021, the U.S. Department of Labor (“DOL”) withdrew the Fair Labor Standards Act (FLSA) independent contractor final rule which was approved earlier this year. In reaching this decision, the DOL explained that…

Ohio’s Revised Employment Discrimination Law Takes Effect: How Your Business Should Prepare

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April 15, 2021 The enactment of Ohio’s Employment Law Uniformity Act (“Act”) on April 15, 2021 has resulted in hundreds of new employment discrimination claims being filed in Ohio courts in recent days. In fact, on April 13, 2021, 63…

H.B. 352 Modifies Ohio’s Employment Discrimination Laws

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February 10, 2021  Ohio Governor DeWine recently signed H.B. 352, Employment Law Uniformity Act (the “Act”) into law. The Act significantly overhauls Ohio’s Fair Employment Practices Act under Ohio Revised Code 4112. The Act is set…

The Department Of Labor Issues Guidance Regarding the Compensability of Certain Travel Time for Employees Who Telework Part of the Day

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January 25, 2021 The Department of Labor (DOL) Wage and Hour Division (WHD) recently issued guidance, in the form of an opinion letter, addressing whether certain travel time for partial-day teleworkers is compensable time under the Fair…

The EEOC Confirms that Employers May Require Employees to Receive the COVID-19 Vaccine, with Exceptions

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January 12, 2021  On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated and expanded its technical assistance publication addressing issues arising under the federal equal employment opportunity laws implicated…

Coronavirus Relief Bill Signed Into Law

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December 29, 2020  On December 27, 2020, President Trump signed the Consolidated Appropriations Act, 2021 into law, which provides $900 billion in coronavirus relief and $1.4 trillion to fund the government.  Below is a summary of the bill’s…

FFCRA Is Set to Expire on December 31, 2020

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December 14, 2020  In March, Congress enacted the Families First Coronavirus Response Act (“FFCRA”) in response to the spread of the novel coronavirus and the illness it causes, COVID-19. Generally, the FFCRA requires public employers…

Department of Labor's Updated Temporary Rule on Families First Coronavirus Response Act

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September 14, 2020    On September 11, 2020, the United States Department of Labor (“DOL”) issued an updated temporary rule on the Families First Coronavirus Response Act (“FFCRA”). The updated temporary rule was anticipated…

OSHA Requires the Recording of COVID-19 Cases in the Workplace

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July 22, 2020  The Occupational Safety and Health Administration (OSHA) revised its earlier enforcement guidance on recording COVID-19 cases in the workplace. The updated guidance requires employers to investigate whether a particular case…

Title VII Protects Gay and Transgender Workers

June 15, 2020  In ruling on three cases before it in one opinion (Bostock v. Clayton County, Georgia; Altitude Express, Inc., et al. v. Zarda et al., as Co-Independent Executors of the Estate of Zarda; and R.G. & G.R. Harris Funeral…

EEOC Updates Its COVID-19 Guidance to Allow Employers to Test Employees for COVID-19

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April 28, 2020  On April 17, 2020, and April 23, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) released updates to its publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO…

Department of Labor Issues Regulations on Families First Coronavirus Response Act

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April 20, 2020  The United States Department of Labor (DOL) has issued temporary regulations interpreting the Families First Coronavirus Response Act (FFCRA). The temporary regulations cover many topics in 125 pages, and this client alert…

Department of Labor Issues Required Families First Coronavirus Response Act Poster

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March 25, 2020  On March 25, 2020, the United States Department of Labor (DOL) released its Families First Coronavirus Response Act (FFCRA) notice.  The required notice can be located here (please see first link under “Posters” section).…
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Force Majeure: Can COVID-19 Excuse Performance of Lease Obligations?

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March 23, 2020 COVID-19 (coronavirus) has brought with it a virtual tidal wave of legal questions. An important one: may a tenant invoke a force majeure (French for “superior force”) clause to avoid paying rent to a landlord in the event…
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Families First Coronavirus Response Act: What it Means for Employers

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Updated: March 25, 2020 On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (“FFCRA”) into law. The FFCRA contains two main provisions that address employee leaves – the Emergency Family and Medical…

Ohio Expands Unemployment Benefits to Address Evolving COVID-19 Situation

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March 16, 2020  Through Executive Order on March 15, 2020, Governor Michael DeWine announced an expansion of Ohio’s unemployment benefits to address the evolving COVID-19 situation.  Announced in conjunction with the state’s shutdown…
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Updated COVID-19 Guidance for Employers

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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…
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COVID-19 and the Workplace: The Employer Response Plan

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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…
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Careful, Texts on Personal Cell Phones About Employees Can Be Public Records

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The Ohio Court of Claims has confirmed that text messages between public officials using personal devices can be public records.  Although the question has previously been open to interpretation, this decision clarifies the answer and serves…
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Department of Labor Announces Final Overtime Rule

On September 24, 2019, the Department of Labor (DOL) announced its final overtime rule, setting the minimum salary threshold to qualify for the white-collar exemptions (executive, administrative, and professional) from minimum wage and overtime…
Parental Leave

Now is the Time to Revisit Your Parental Leave Policies

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At one time, it was common for employers to offer maternity leave to new mother employees, but not offer any leave to new father employees.  However, in 2015, the Equal Employment Opportunity Commission (EEOC) issued its most recent enforcement…
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Supreme Court Weakens Employer Procedural Defenses in Discrimination Claims

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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…
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A 1930s Labor Law with 21st-Century Consequences

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  One might think that the long-established Fair Labor Standards Act (FLSA), which governs minimum wages and overtime, would be easily understood by employers today. After all, it turned 80 years old in 2018. However, an uptick…
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Department of Labor Issues a Trio of Important Opinions for Employers

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…
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New Cuyahoga County Anti-Discrimination Commission May Cause Legal Issues for Employers

  A recent Cuyahoga County ordinance establishes a new and different forum for employees to seek redress for workplace discrimination claims. The ordinance, enacted by the county’s newly formed Commission on Human Rights, impacts…
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Department of Labor Issues New Overtime Rule

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On March 7, 2019, the Department of Labor (DOL) issued its new overtime rule, which proposes raising the minimum salary threshold to qualify for the white-collar exemptions from minimum wage and overtime pay requirements from $455 per week ($23,660…
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Return of the Final Overtime Rule

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2019 will likely be the return of the Overtime Rule, which was initially issued by the Obama-era Department of Labor (DOL) and later blocked by a federal district court judge in late 2016. That was after many employers spent considerable time…
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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…
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OSHA Clarifies Its Final Rule Regarding Employer Drug Testing Policies

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This fall, the Occupational Safety and Health Administration (OSHA) issued a memorandum clarifying its position on post-incident drug testing. In the memorandum, OSHA noted that drug testing used to evaluate the underlying cause of a…
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Supreme Court Clarifies Age Discrimination Law for Public Employers

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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…
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Immediate Impact – The Janus Effect in the Workplace

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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…
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Walter | Haverfield Attorneys Admitted to New York Federal Court

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Mark Fusco and Rina Russo, both Walter | Haverfield attorneys, were recently granted permanent admission to the Federal District Court for the Northern District of New York. The admission comes after a firm client requested that…
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NLRB’s New Employee Handbook Guidance

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“Disparaging or offensive language is prohibited.” “Employees may not engage in disrespectful conduct.” The above rules might seem reasonable to you or perhaps you have seen them in your own company’s employment policies.…
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Three steps employers must take when engaging in the interactive ADA process

Attorney Rina Russo explains the steps employers must take when responding to an employee’s request for an extended leave of absence from work. Her article appears in the Council of Smaller Enterprises’ (COSE) e-newsletter, “Mind…
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Supreme Court Denies Review of Extended Leave of Absence Decision

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    The U.S. Supreme Court will not review an appellate court decision which held that a leave of absence from work lasting several months is not a reasonable accommodation under the Americans with Disabilities Act (ADA). That…
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NLRB's Joint Employer Ruling Put on Hold

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  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…
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Top 10 Tips for Managing Staff Member Use of Social Media

The numbers are ever-increasing: Facebook currently reports 2.01 billion users; LinkedIn has 500 million members; Twitter comes in at 330 million users; and YouTube reports approximately 5 billion views per day. Social media is not going…
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Confidential Settlements of Sexual Harassment Claims are No Longer Tax Deductible

  In response to the recent wave of sexual harassment allegations and the #MeToo movement, the 2017 Tax Cuts and Jobs Act includes a provision some call the "Harvey Weinstein tax." Specifically, the law amends the Internal Revenue…