Can an Employee Take FMLA Leave to Care For a Sibling With a Serious Health Condition?

Employers of 50 or more employees must grant eligible employees up to 12 weeks of job-protected unpaid leave for certain qualifying circumstances, including “care for the employee’s spouse, son, daughter, or parent with a serious health condition”. The law does not mention other relatives, such as siblings, grandparents, aunts, uncles, nieces, nephews, or other relatives. […]

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Halloween: The “Ghosts” of Jury Trials Past

Jury trials are the principal method by which we resolve legal disputes parties cannot settle themselves through less formal methods.   Although alternative dispute resolution methods such as arbitration, mediation, summary trials, private trials, and the like are becoming increasingly important, jury trials in the federal and state courts remain the most important dispute-resolving method in […]

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6th Circuit Court of Appeals Finds that Offensive Conduct May Be Insufficient to Prove Hostile Environment

In the case of Michelle Bruce v. Meharry Medical College a female physician (Dr. Bruce) filed a lawsuit against her employer (the Medical College) alleging sex discrimination, a hostile work environment, and retaliation for reporting same. Dr. Bruce claimed that the college’s head of facilities, Dr. Ray, was dismissive of her and made belittling comments […]

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Court Interprets “Loser Pays’ Provision in Consumer Contract

In a recent case (GATHER v. WALL & ASSOCIATES, INC., et al, 2017 –Ohio-765, March 2, 2017, ), the Montgomery County Ohio Court of Appeals decided that, while an arbitration provision in a consumer contract  was not “procedurally unconscionable” under the Ohio Consumer Sales Practices Act (CSPA), a “loser pays” provision requiring the losing party […]

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DACA: What Employers Should Know

The Deferred Action for Childhood Arrivals (DACA) program was established by an Executive Order of President Obama. The purpose of the program was to provide temporary legal status and work authorization to undocumented people who initially entered the United States as children. To qualify for the program, qualified individuals had to submit to extensive background […]

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Hurricane Harvey Presents HR Issues For Employers

When confronted with a natural disaster employers may be forced to shut down and/or employees may be unable to report to work.  These circumstances raise issues regarding entitlement to pay. Under the Fair Labor Standards Act (FLSA), non-exempt employees must only be paid for all hours worked.  Thus, they are not entitled to pay during […]

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LNL Attorney Plays Pivotal Role In Confirmation of Columbus Blue Jacket Player Jack Johnsons’ Bankruptcy

Luper Neidenthal & Logan is proud to announce that attorney Christian Donovan, a shareholder at the firm, played a pivotal role in reaching the confirmation of a Chapter 11 Plan on November 23, 2016, while representing a creditor in the bankruptcy case of Columbus Blue Jackets player, Jack Johnson. Christian’s efforts led to the Plan […]

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Subrogated Insurance Carrier Can Pursue a Direct Action Against Uninsured Motorists Carrier

In a recent decision, the Perry County Common Pleas Court held that an employee health insurance plan can maintain a direct action against the insured’s automobile insurance carrier. In Perry County Health Plan v. State Farm, Case No. 15-CV-0219, the employee’s health plan paid medical expenses incurred by the insured arising from an automobile accident. […]

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Business Owners: Be Careful of Continuing Personal Guarantees

ALERT: Sit down with your business clients and immediately inventory any unrevoked personal guarantees that may be lingering out there . . . Generally, in Ohio, a personal guarantor of business debt is liable on a continuing guaranty unless he or she revokes the guaranty agreement in the mode specifically anticipated by the agreement. Importantly, […]

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