The National Labor Relations Board (NLRB) has ruled that a Minnesota Home Depot Store broke the law by telling an employee to remove a “BLM” marking from their work apron. The NLRB has recently decided in Home Depot USA, Inc. and Antonio Morales Jr that conditioning...
Labor & Employment
U.S. Department of Justice Sues the NCAA: When Will College Athletes Start being Paid?
To quote a popular singer from our college days, David Gray, “it’s all over bar the shoutin’” for the NCAA, colleges, and TV networks taking advantage of college athletes. Whether it’s further litigation, federal legislation, market forces, unionization, Jim...
Back to the Future: The Department of Labor Issues Its New Rule on Independent Contractors
The Department of Labor has long labored to rein in the practice by some employers of labeling workers as independent contractors instead of employees to avoid the requirements under the Fair Labor Standards Act (FLSA) to pay minimum wage and overtime. It has now...
Current Considerations About COVID-19 in the Workplace
The COVID-19 Public Health Emergency officially ended on May 11, 2023, when the Department of Health and Human Services allowed the federal Public Health Emergency for COVID-19 to expire, but people are still getting COVID-19, and some of them are getting seriously...
Recreational Marijuana Use Becomes Legal in Ohio: Here is What Employers Need to Know
On November 7, 2023, Ohio voters passed An Act to Control and Regulate Adult Use of Cannabis (the Act), making Ohio the 24th state to legalize recreational adult use of marijuana. While Ohio and its Department of Commerce is far from retail sale or distribution of...
NLRB Makes Good on Its Promise to Challenge Non-Competes
In her Memorandum issued on May 30, 2023, General Counsel Abruzzo announced her belief that non-competes should be discouraged, if not outright prohibited, as they chill employees’ rights to concerted activity in violation of Section 7 of the National Labor Relations...
Building a Culture of Workplace Safety: Insights from a Labor & Employment Attorney
Key Takeaways Building a culture of workplace safety requires a holistic and sustained effort, involving all employees, proper training, and a commitment to transparency and improvement. In this current landscape, ensuring a secure and hazard-free environment is not...
NLRB Targets Non-Competes in Ohio
The National Labor Relations Board (NLRB) has been on a mission to curtail the use of non-compete and related restrictive agreements in employment contracts across the United States. The federal agency has continued its crusade in Ohio by virtue of a recent action...
NLRB Finalizes Rule Broadening Joint Employer Test: What Employers Need to Know
Key Takeaways The National Labor Relations Board (NLRB) has recently finalized a rule broadening the joint employer test. The new rule replaces a 2020 policy that excused joint employers from bargaining unless workers could demonstrate that the joint employer had...
Ohio’s One Fair Wage Petition and Its Implications
Introduction In the pursuit of economic fairness, Ohio finds itself at a crossroads with the One Fair Wage petition (One Fair Wage), a movement aiming to amend Article II, Section 34a of the Ohio State Constitution to increase the minimum wage. As with any significant...