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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.
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