Preventing Harassment and Dealing With It

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, […]

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Reacting in an Identity Theft Crisis

Identity theft affects 17.6 million people in the United States each year, at a cost of $15.4 billion in 2014. Eighty-six percent of identity theft victims experienced the fraudulent use of existing account information, such as credit card or bank account information. Most victims did not know how the offender obtained their information. The Fair […]

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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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