join our network! affiliate login  
Custom Search
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More

Total Articles: 36

Ohio’s “Stay Safe” Order Effective May 1, 2020—What it Means for Employers

On Thursday, April 30, 2020, Ohio’s Director of the Department of Health, Dr. Amy Acton, signed a “Stay Safe” Order, which lifts certain restrictions from Ohio’s prior “Stay-at-Home” Orders. The Order sets out a plan to start reopening the Ohio economy with some limitations and continued restrictions. The Order went into effect at 11:59 p.m. on April 30, 2020, and remains in full force and effect until 11:59 p.m. on May 29, 2020, unless Ohio’s governor decides to amend or rescind the Order.

Ohio’s New Stay-Safe Order Permits More Businesses to Reopen; Masks, Daily Symptom Checks Required

Ohio Governor Mike DeWine released a new “Stay Safe Ohio” Order that outlines the first phase in the state’s “Responsible Restart Ohio” plan to fully reopen the state.

Ohio Issues Stay-At-Home Order; Non-Essential Businesses Ordered to Close

Ohio Governor Mike DeWine has announced a new Order that mandates all individuals to stay at home unless they are engaged in “essential work or activity.” The Order goes into effect at 11:59 p.m. on March 23, 2020, and expires at 11:59 p.m. on April 6, 2020.

Ohio Stay At Home Order, Effective March 23 – What It Means for Employers

On Sunday, March 22, 2020, Ohio Governor Mike DeWine announced that Ohio’s Director of the Department of Health, Dr. Amy Acton, signed an Order requiring all Ohio residents to “stay at home or at their place of residence,” except as allowed by the Order. The Order goes into effect at 11:59 p.m. on March 23, 2020, and remains in effect until 11:59 p.m. on April 6, 2020, unless modified by Dr. Acton.

Ohio Appellate Court Finds Overly Broad Arbitration Agreement Unenforceable

In Thomas v. Hyundai of Bedford, No. 108212 (January 23, 2020), the Eighth District Ohio Court of Appeals held that an arbitration clause in an employment contract was substantively and procedurally unconscionable because it sought to include as arbitrable all conceivable claims between the parties, even those outside the employment relationship. The Eighth District’s decision serves as a reminder of the benefits of well-tailored arbitration agreements.

Ohio Eighth District Court of Appeals Reverses Enforcement of Employment Arbitration Agreement

The Ohio Eighth District Court of Appeals reversed enforcement of an employment arbitration agreement on January 23, 2020, holding that the agreement was both substantively and procedurally unconscionable because it required the parties to submit to arbitration all claims arising among them, even those unrelated to the employment relationship.

Ohio Supreme Court Restricts Wrongful-Discharge Claims by Probationary Public Employees

The Supreme Court of Ohio recently confirmed that public employees in their probationary periods are not entitled to the same protections with regard to employment termination that tenured civil servants enjoy. In Miracle v. Ohio Dept. of Veterans Servs., Slip Opinion No. 2019-Ohio-3308, the court held that Ohio Revised Code (R.C.) sections 124.27(B) and 124.56 do not express a clear public policy to support probationary public employees bringing wrongful-discharge claims against their employers.

Toledo Becomes Second Ohio City to Pass Salary History Ban

On July 5, 2019, Toledo, Ohio Mayor Wade Kapszukiewicz signed the Pay Equity Act to Prohibit the Inquiry and Use of Salary History in Hiring Practices. The ordinance generally prohibits employers (including the employer’s agents, and job placement or referral agencies) located within the City of Toledo that employ 15 or more employees within Toledo, from inquiring1 about, screening or relying upon the salary history of a job applicant in making an employment offer.2

Toledo City Council Passes Ordinance Prohibiting Salary History Inquiries

On June 26, 2019, the Toledo City Council approved Ordinance 173-19, titled “Pay Equity Act to Prohibit the Inquiry and Use of Salary History in Hiring Practices in the City of Toledo.” The law prohibits employers from inquiring about or using an applicant’s salary history to screen job applicants, in deciding whether to offer employment, or in determining salary, benefits, or other compensation during the hiring process. The Toledo pay equity act also bans employers from refusing to hire or otherwise retaliating against a job applicant for failing to disclose his or her salary history.

Will Ohio Become the 17th State to Allow Residents to Carry Concealed Guns Without a License?

Ohio may become the 17th state to allow individuals to carry concealed guns without a permit. Currently, in the state of Ohio, in order to obtain a concealed handgun license, which is valid for 5 years, an Ohio resident must submit an application to the county sheriff, pay an initial $67 fee (or $91 if the applicant has been an Ohio resident for less than 5 years), pass a federal background check, and complete the minimum educational requirements, including a total of 8 hours of training (at least 2 of which must be in-person training).

Cincinnati City Council Passes Ordinance Prohibiting Salary History Inquiries

In a thinly veiled attempt to steal the spotlight from Cleveland, the new destination city for the National Football League, on March 13, 2019, the Cincinnati City Council passed Ordinance No. 83-2019, titled Prohibited Salary History Inquiry and Use, barring employers from inquiring about or relying on job applicants’ salary histories. It is scheduled to become effective in March 2020, and it applies to private employers with 15 or more employees in the city of Cincinnati.

Cincinnati Joins Growing Number of Jurisdictions Banning Salary History Queries

Cincinnati City Council has passed Ordinance No. 0083-2019 barring employers from asking applicants for their salary history. The city becomes the latest of a growing number of jurisdictions to adopt a salary history ban on employers. In addition to Cincinnati, salary history bans exist in the cities of Atlanta, Chicago, Kansas City, Louisville, New Orleans, New York City, Philadelphia, Pittsburgh, and San Francisco. Several counties have also passed similar bans.

Cincinnati Bans Salary History Inquiries

On March 12, 2019, Cincinnati, Ohio passed an ordinance1 prohibiting employers from asking applicants about their salary history or current earnings. It is the latest large jurisdiction to pass such a measure, following several localities in New York that have recently passed similar ordinances.2

City of Cincinnati Passes Ordinance Prohibiting Salary Inquiry and Use

The City of Cincinnati has become the latest jurisdiction to adopt an ordinance prohibiting employers from asking about or relying on the prior salary history of prospective employees in setting starting pay.

Is Telecommuting a Reasonable Accommodation in Ohio?

In the recently issued decision in McDaniel v. Wilkie, the U.S. District Court for the Northern District of Ohio considered whether telecommuting constitutes a reasonable accommodation under the Americans with Disabilities Act (ADA). The short answer is that it can constitute a reasonable accommodation if it would enable an employee to satisfactorily perform the essential functions of his or her position and does not impose an undue burden on the employer.

Ohio Limits Joint Employment Status For Franchisors

Ohio recently amended its definition of “employer” in order to limit the joint employer status of franchisors. Effective March 20, 2019, franchisors will not be considered joint employers with their franchisees unless one of the following conditions is met:

Cuyahoga County, Ohio Employer of Four or More? Ordinance Expands LGBTQ Protections

Employees in Cuyahoga County, Ohio, now enjoy more expansive protections against discrimination than they do under Ohio and federal law. On September 25, 2018, the Cuyahoga County Council passed County Ordinance No. O2018-0009, entitled “An Ordinance enacting Chapter 206.13: Commission on Human Rights and Title 15: Anti-Discrimination to ensure equal opportunity and treatment for all citizens of Cuyahoga County.” The ordinance affords protective rights on the basis of two previously unprotected characteristics: sexual orientation and gender identity.

Lawyers on a Short Leash: Bar Admission Restrictions

Unlike most licensed professions, the practice of law can significantly restrict an attorney’s geographic mobility.

Ohio Legislature Proposes Major Reform of Ohio Employment Discrimination Law

The Ohio employment discrimination statute may be in for substantial changes. A bill aimed at comprehensive reform of Ohio’s employment discrimination statute (R.C. § 4112) has been introduced Ohio Legislature.

Ohio Limits Local Workplace Laws, Expands Concealed Carry Rights of Licensed Gun Holders

A new Ohio law mandates uniformity of laws across the state affecting wage-hour, paid sick and safe leave and other fringe benefits, and scheduling of employee work hours. Senate Bill 331 expressly prohibits cities and counties from adopting laws in these areas that differ from those enacted at the state and federal level. Senate Bill 331 goes into effect on March 20, 2017.

Ohio Means Business: New Law Prohibits Cities and Counties From Enacting Paid Sick Leave, Predictive Scheduling, and Minimum Wage Laws

Imagine you operate multiple business locations in Columbus, Ohio where 3 counties comprise the city proper and as many as 11 counties comprise the larger Columbus Metropolitan Area. Now imagine that each of those counties adopts their own local ordinance requiring paid sick leave as well as advance notice (and extra pay) to employees before you can change their work schedule. Perhaps a few of the counties also enact an increased minimum wage of $15 an hour –much like the proposal to increase the minimum wage that was supposed to be voted upon in Cleveland in May of 2017. Would you want to continue to do business in Columbus or would you curtail your growth in that city and look for a more employer friendly home for your future business locations?

Ohio Governor Signs Guns in Trunks Law

Soon many Ohio employers will no longer have the right to ban firearms from all company property. On December 19, 2016, Governor John Kasich signed Senate Bill 199, which prevents employers from prohibiting concealed handgun license holders from storing firearms in their locked vehicles when parked on company property. The law does not affect employers’ ability to otherwise exclude firearms from their premises.

Ohio's Employer-Friendly Medical Marijuana Law Takes Effect September 6, 2016

Ohio’s new medical marijuana law becomes effective on September 6, 2016, although it may take up to two years for implementing regulations to be written and for dispensaries and the patient registry to become operational. House Bill 523, the “Ohio Medical Marijuana Control Program,” allows people with certain medical conditions, upon the recommendation of a physician, to purchase and use medical marijuana. Qualifying medical conditions include AIDS, amyotrophic lateral sclerosis (ALS), Alzheimer’s disease, cancer, Crohn’s disease, epilepsy or seizure disorders, multiple sclerosis, chronic or intractable pain, Parkinson’s disease, and PTSD, among others.

Cleveland Law Allows Transgender Employees to Use Restroom Associated With Gender Identity

Companies in Cleveland, Ohio, now must permit transgender employees and patrons to use the bathrooms, showers, locker rooms, and dressing facilities associated with the individual’s gender identity or expression.

Ohio Becomes the Latest State to Legalize Marijuana for Certain Medical Uses While Avoiding Constitutional Ballot Initiatives

Last year, Ohio legislators found themselves caught in the middle of a media firestorm created by various pro-legalized marijuana groups who were politically savvy and financially funded enough to place multiple proposed constitutional amendments on Ohio’s November 2015 election ballot.

Boards Of Education Beware: Ohio Supreme Court Closes Door On Open Meeting Loopholes

Because public body meetings are required to be open to the public in Ohio, just exactly what constitutes a “meeting” of a public body has long been a matter of some debate, especially as means of communication have expanded dramatically in recent years. Can Board members send and receive private email communications to each other on school matters? Can a Board President conduct straw polls of individual members in one-on-one telephone conferences? Can Board members tweet about public matters when she is followed by a majority of other Board members? Can an email be sent by the Superintendent to other Board of Education members seeking input from each?

Ohio Federal Court Rejects Challenge to Application of Companionship Exemption to Home Health Aide

Last week, an Ohio, a federal judge held that a home health aide failed to demonstrate that she performed general housework unrelated to the care of her patients, and therefore qualified as a provider of companionship services under the Fair Labor Standards Act’s previous formulation of the “companion” exemption. As such, the home health aide was not entitled to the minimum wage or overtime. Foster v. Americare Healthcare Servs., Inc., 2015 U.S. Dist. LEXIS 166550 (S.D. Ohio Dec. 11, 2015).

Ohio's Minimum Wage Increases In 2014

Ohio is starting 2014 with an increase to its minimum wage. On January 1, 2014, Ohio raised its minimum wage ten cents, from $7.85 to $7.95 per hour. Tipped employees hourly minimum wage increased five cents, from $3.93 to $3.98.

How The New "SharedWork Ohio" Law Will Affect Employers

This summer, Ohio Gov. John Kasich signed into law "SharedWork Ohio," an initiative designed to help workers and employers alike by preventing layoffs. The "SharedWork Ohio" program gives Ohio employers new flexibility to keep their workforce intact when experiencing a downturn in business.

Positive Legislative Change in Ohio—Reduced Statute of Limitations for Actions Based on Written Contracts

Ohio historically had one of the longest statutes of limitations for written contracts—weighing in at 15 years. However, the limitations period was recently reduced from 15 years to 8 years.

Tort Reform Applies to Claims Under Ohio Civil Rights Act

On July 3, 2012, the Ohio Supreme Court directed the Eighth District Court of Appeals to apply the Ohio Supreme Court’s ruling in Havel v. Villa St. Joseph, 131 Ohio St.3d 235 (2012) that, upon motion of a party, Ohio Revised Code § 2315.21(B) requires a trial court to bifurcate claims for compensatory and punitive damages, to a retaliation claim asserted under Ohio Revised Code § 4112. See Luri v. Republic Servs., Inc., et al., Slip Opinion No. 2012-Ohio-2914. While this ruling may appear rather inconsequential at first blush, it suggests that the Ohio Supreme Court has now, at least implicitly, sanctioned the application of Ohio’s tort reform, specifically Ohio Revised Code § 2315.21, including its cap on punitive damages, to claims brought under the Ohio Civil Rights Act.

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 eAuthority (June 2010).

Lenght of service leave requirements.

Ohio Healthy Families Act Will Not Appear On November Ballot.

Ohioans will not vote in November on whether certain Ohio employers must provide seven sick days annually to their employees. The Ohio Healthy Family Campaign, the coalition of more than 220 organizations including the Service Employees International Union (SEIU) that had backed the Ohio Healthy Families Act, will ask Secretary of State Jennifer Brunner to remove the proposed legislation from the Ohio November 4th ballot. Proponents of the Ohio Healthy Families Act acquired enough signatures last month to get the proposed legislation on the November ballot.

Ohio Civil Rights Commission Says Maternity Leave Must Be Twelve Weeks.

The Ohio Civil Rights Commission recently announced dramatic amendments to the state’s pregnancy discrimination regulations. (Ohio Adm. Code 4112-5-05). Until now, employers only had to allow a “reasonable period of time” for pregnancy leave. “Reasonable period of time” has been interpreted in many different ways and the period of leave granted varied from employer to employer. Under the new amendments, a minimum of twelve weeks of unpaid leave must be provided for “pregnancy, childbirth, and related medical conditions.” In addition, at the end of the leave the employee must be reinstated to “her original position or to a position of like status and pay, without loss of service credits or other benefits.”
  • No Subtopics.
tempobet tipobet giriş