Total Articles: 10
Ohio Workers' Compensation Class Action Notice: Should You Stay In Or Opt Out?
A class action lawsuit is currently pending in the Court of Common Pleas for Cuyahoga County, Ohio, on behalf of certain employers doing business in Ohio. The case alleges that the Bureau of Workers' Compensation (BWC) charged excessive workers' compensation premium rates to employers who were not able to participate in Ohio's group rating program (referred to as "non-group-rated").
Ohio Minimum Wage Increases Effective January 1, 2012
Ohio's minimum wage is scheduled to increase on January 1, 2012 to $7.70 per hour for non-tipped employees and to $3.85 per hour for tipped employees. Ohio's current minimum wage is $7.40 per hour for non-tipped employees and $3.70 for tipped employees. The increased minimum wage will only apply to employers who gross more than $283,000 per year.
Ohio Minimum Wage Rate to Increase on January 1, 2012
As 2011 winds down, employers are reminded that effective January 1, 2012, Ohio’s minimum wage rate will increase by 30 cents per hour, from $7.40 to $7.70. Tipped employees, who are paid one-half the minimum wage, will see an increase from $3.70 to $3.85 per hour, excluding tips. Ohio employers with annual gross receipts exceeding $283,000 in 2011 must pay the Ohio minimum wage. Employers should adjust their pay practices accordingly, as well as update their compliance posters. Updated versions of the posters are available on the Ohio Department of Commerce’s website.
Ohio Supreme Court Clarifies the “Clarity” Element of Wrongful Discharge in Violation of Public Policy Claims
The Ohio Supreme Court recently issued its second opinion this year addressing the tort of wrongful discharge in violation of public policy. In this case, the court clarified that: “[t]o satisfy the clarity element of a claim of wrongful discharge in violation of public policy, a terminated employee must ‘articulate a clear public policy by citation to specific provisions in the federal or state constitution, federal or state statutes, administrative rules and regulations, or common law.’”
Ohio Supreme Court Expands Claims for Wrongful Termination in Violation of Public Policy
A thorn in the side of many Ohio employers is the claim for wrongful termination in violation of public policy. The basic concept of wrongful termination in violation of public policy is an exception to “termination at will,” in that employers cannot terminate an at-will employee if the termination would violate “public policy.” There are obvious violations of public policy such as terminating an employee who reports tax fraud to the IRS, or reports an employer's criminal law violation to police. But other potential claims are less obvious. It is these less obvious ones that often show up in complaints and leave employers vulnerable.
Punitive Damages Cap Applies to Statutory Employment Cases, All the Luri(d) Details
In April 2005, Ohio enacted tort reform through Senate Bill 80, which substantially changed the landscape of personal injury law in Ohio as it provided a number of new provisions in an attempt to establish reasonable guidelines for awards of punitive damages. One of these changes was the imposition of statutory damages caps and with these changes came many questions, including whether employment cases would be defined as “torts” and be included in the reform provisions. Ohio employers have been particularly anxious as to the answer because it had the potential to dramatically impact verdicts in the state.
Ohio Governor Signs Bill Reducing the Collective Bargaining Rights of Ohio Public Employees
On March 31, 2011, Ohio Governor John Kasich signed Senate Bill 5 into law. The new law significantly reduces the collective bargaining rights of nearly half a million public employees throughout Ohio, including teachers, firefighters and police officers. Below are a few key points of interest.
Ohio Minimum Wage Rate to Increase January 1, 2011
Effective January 1, 2011, Ohios minimum wage rate will increase by 10 cents per hour, from $7.30 to $7.40. Tipped employees, who are paid half the minimum wage, will see an increase from $3.65 to $3.70 per hour (excluding tips). Ohio employers with annual gross receipts exceeding $271,000 in 2010 must pay the Ohio minimum wage. Employers should adjust their pay practices accordingly, as well as update their compliance posters. Updated versions of the poster are available on the Ohio Department of Commerce website.
Lawyer Steals Documents, Destroys Evidence, Lies Under Oath...And Gets Disbarred
A recent Ohio Supreme Court case serves as a reminder that misconduct undertaken by departing employees can lead to more than just civil liability; it can lead to professional sanctions as well. In Disciplinary Counsel v. Robinson, the Ohio Supreme Court considered the shocking conduct of David Jerome Robinson. Robinson worked for a law firm and its lobbying subsidiary and signed an employment agreement that required him to maintain the confidentiality of all business information. When he sought to move on to greener pastures, Robinson removed seven boxes of materials while the rest of his law firm was at a retreat in Pennsylvania. A few weeks later he was terminated, and not long after that, he was sued by his former firm for breach of contract.
Ohio Requires Military Family Leave for Employers With 50 or More Employees.
Effective July 2, 2010, Ohio employers with 50 or more employees will be required to provide two weeks of unpaid leave for an employee who is the spouse, parent, or a person who has or had custody of a member of the uniformed services when that member is deployed or injured. Under the Ohio Military Family Leave Act, the requirement for such leave applies without regard to whether the employer has 50 employees within 75 miles of the worksite, as distinguished from the coverage threshold under the Family and Medical Leave Act (FMLA).
