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,...
Labor & Employment
Gov. DeWine Signs the Employment Law Uniformity Act
On Jan. 12, 2021, Ohio Governor Mike DeWine signed House Bill 352, the Employment Law Uniformity Act, into law. This Bill, sponsored by Republican State Representative Jon Cross, is a long-awaited and employer-friendly change, which brings Ohio’s employment...
Proposed EEOC Guidance Protects Religious Institution Employers Against Employment Discrimination Claims
On Nov. 17, 2020, the Equal Employment Opportunity Commission (EEOC) published its proposed Compliance Manual on Religious Discrimination for public comment. If adopted, the guidance would update the Compliance Manual for the first time since July 2008. The Proposed...
Minor Leaguers Get a Win in FLSA Lawsuit Against MLB
In a lawsuit originating in 2014 captioned Senne, et al. v. Kansas City Royals Baseball, et al., thousands of minor league baseball players (the “Minor Leaguers”) allege that Major League Baseball and its teams (collectively, “MLB”) has failed to pay them a fair wage,...
Gap Board Diversity Lawsuit Demonstrates New Legal Risks for Employers
The Gap recently became the latest well-known company to be targeted with a derivative lawsuit by shareholders, alleging a lack of commitment to diversity. Underlying The Gap lawsuit are several key lessons. First, if a company makes a diversity pledge, it should be...
No Invasion of Privacy Following Direct-Observation Drug Tests
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...
Employee Handbook Policies Getting Greater Latitude From the NLRB
Ordinarily, we think of the National Labor Relations Board (“NLRB” or the “Board”) as the agency that regulates workplaces in which employees are represented by labor unions. However, in recent years, the NLRB has made it clear that the rules prohibiting employers...
Addressing Sexual Harassment in the #MeToo Era
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 Unemployment Regulations Relaxed in Response to COVID-19
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...
Assistance Available for Restaurants & Bars During Coronavirus Dine-In Ban
By Cary Zimmerman & Kyle Stroup After the Centers for Disease Control recommended canceling gatherings of 50 or more people, Ohio Governor Mike DeWine announced that all bars and restaurants would no longer be allowed to serve food or drinks in their dining rooms...