The Sixth Circuit Court of Appeals has made it clear that employers and employees cannot contractually shorten deadlines for employees to file federal anti-discrimination claims. The Sixth Circuit’s ruling in Thompson v. Fresh Products LLC covers employers in Ohio,...
In a split decision, the Supreme Court of Ohio found last week that workers who consent to drug testing cannot later raise an invasion of privacy claim against their employer. In reversing the lower court, the Court found employee privacy interests did not outweigh...
TRANSCRIPT: It's a very challenging time for employers dealing with allegations of sexual harassment in the #MeToo era. There's two different types of sexual harassment. There's what's called quid pro quo sexual harassment, which is somebody's really being asked to...
Ohio bars, restaurants, gyms, fitness centers, recreation centers, bowling alleys, indoor water parks, movie theaters and trampoline parks have all been ordered to restrict operations or to close indefinitely in response to the coronavirus outbreak. These businesses...
Congress is working to pass legislation to help support individuals and employers who are impacted by the coronavirus outbreak. On Monday, March 16, lawmakers unanimously approved a revamped multibillion-dollar coronavirus relief package. The Families First...
With almost 650 confirmed cases of coronavirus across the U.S., KJK Labor & Employment attorneys Rob Gilmore and Lyndsay Ross outline six steps all employers should take to protect themselves and keep employees safe and happy. The coronavirus (or COVID-19) has...
The Ohio Board of Professional Conduct issued an advisory opinion last month stating that attorneys working as in-house counsel may not be restricted by non-competition agreements. The Board confronted the issue of whether an in-house lawyer may execute an employment...
On December 17, 2019, the National Labor Relations Board (NLRB) overruled its previous 2014 decision in Purple Communications, 361 NLRB 1050 (2014), which allowed employees to use their work email for union business. Purple Communications specifically held that an...
On December 12, 2019, the U.S. Department of Labor announced its first significant update to the “regular rate” requirements under the Fair Labor Standards Act (FLSA) in more than 50 years. These “regular rate” requirements are important and tell employers what to...
This is an update of KJK’s previous article, Proposed Department of Labor Rule Could Have Significant Impact on Businesses. On September 24, 2019, the Department of Labor announced its final new rule regarding the overtime exemptions of the Fair Labor Standards Act...