On September 24, 2019 the U.S. Department of Labor (DOL) announced a final rule to make 1.3 million American workers eligible for overtime pay under the Fair Labor Standards Act (FLSA). The final rule updates the earnings thresholds necessary to exempt executive, administrative, or professional employees from the FLSA’s minimum wage and overtime pay requirements, […]
An Ohio federal court has addressed a reasonable accommodation conflict at The Ohio State University. The facts were as follows: A sophomore at OSU, Madeline Entine, was diagnosed with depression, anxiety, obsessive-compulsive disorder and posttraumatic stress disorder. She also suffered from debilitating panic attacks. She was recognized as having a disability under the Americans with […]
Ohio is among the 49 states that recognize the at-will employment relationship (Montana is the lone exception). In Ohio an employee may be terminated for any reason that is not unlawful or for no reason, just as an employee may quit for any reason or no reason. However, there are several exceptions to this doctrine […]
When preparing to involuntarily terminate an employee, employers should consider the risk factors that may dictate the use of a separation agreement. For example: Is the employee in a protected class (age, race, religion, color, sex, national origin, mental or physical disability, veteran status)? Has the employee recently engaged in protective activity (such as taking […]
The Notice of Proposed Rulemaking announced by the Department of Labor on March 7 ,if implemented, will raise the threshold for overtime eligibility so that employees will have to earn at least $35,308 a year ($679 a week) in order to be exempt from overtime pay for any hours worked over 40 in a workweek. […]
Patients with one of 21 specified medical conditions may obtain a doctor’s recommendation for marijuana use in the forms of edibles, oils, patches or vaporizers. The conditions are: AIDS, ALS, Alzheimer’s disease, cancer, chronic traumatic encephalopathy, Crohn’s disease, epilepsy or another seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, pain that is […]
Every year employers struggle to cover for employees who are out sick with the flu, as well as germ control when sick employees come to work and spread their germs. Although mandatory flu vaccines are lawful, employers must make sure that their policy allows for exceptions to avoid running afoul of federal or state antidiscrimination […]
The Americans with Disabilities Act (ADA) requires employers to provide a reasonable accommodation to allow a qualified individual with a disability to perform the essential functions of his/her job unless an accommodation would impose an undue hardship on the employer. A “qualified individual” is defined as a person who can perform the essential functions of […]
The 6th Circuit Court of Appeals has ruled that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on a person’s transgender or transitioning status. The case at issue involved an individual (Anthony Stephens) who was born male and who worked at a funeral home in Michigan. Stephens advised the owner of […]
In this era of “me too”, “time’s up” and growing harassment challenges, it is imperative that employers check their anti-harassment policies and clearly communicate them with descriptions of behaviors that may constitute harassment and examples. Although recent media coverage has focused on sexual harassment, policies should also prohibit conduct that may be based on age, […]
