Total Articles: 32
Ogletree Deakins • February 05, 2020
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.
Jackson Lewis P.C. • January 26, 2020
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.
Ogletree Deakins • September 24, 2019
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.
Littler Mendelson, P.C. • August 05, 2019
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
Ogletree Deakins • June 30, 2019
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.
Ogletree Deakins • April 09, 2019
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).
Ogletree Deakins • April 02, 2019
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.
Fisher Phillips • March 27, 2019
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.
Littler Mendelson, P.C. • March 17, 2019
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
Jackson Lewis P.C. • March 14, 2019
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.
Ogletree Deakins • February 21, 2019
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.
Fisher Phillips • January 25, 2019
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:
Ogletree Deakins • November 07, 2018
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.
Goldberg Segalla LLP • August 06, 2018
Unlike most licensed professions, the practice of law can significantly restrict an attorney’s geographic mobility.
Jackson Lewis P.C. • February 28, 2017
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.
Jackson Lewis P.C. • January 11, 2017
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.
Jackson Lewis P.C. • January 05, 2017
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?
Ogletree Deakins • December 21, 2016
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.
Jackson Lewis P.C. • August 11, 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.
Jackson Lewis P.C. • July 31, 2016
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.
Littler Mendelson, P.C. • June 14, 2016
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.
Fisher Phillips • May 17, 2016
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?
Jackson Lewis P.C. • December 17, 2015
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).
Fisher Phillips • January 07, 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.
Fisher Phillips • November 01, 2013
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.
Ogletree Deakins • October 18, 2012
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.
Ogletree Deakins • July 09, 2012
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.
Ogletree Deakins • May 27, 2011
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 â€œtortsâ€ 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.
Ogletree Deakins • April 01, 2011
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.
Ogletree Deakins • June 24, 2010
Lenght of service leave requirements.
Ogletree Deakins • September 08, 2008
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.
Ogletree Deakins • November 02, 2007
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.”