OH – ManagEase

October Updates

October 30, 2019/0 Comments/in HR Alerts /by ManagEase

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This Short List addresses the following topics:

OFCCP Releases new FAQs on Independent Contractors, Compliance Evaluations, and AAP
Ninth Circuit: ERISA Claims May be Arbitrated
California: PAGA-only Claims May Not Seek Unpaid Wages
Petaluma, CA: Minimum Wage Increases on January 1, 2020
Colorado: Courts Are Not Required to Blue Pencil Noncompetition and Nonsolicitation Agreements
Massachusetts: Counting 1099-MISC Workers for Paid Family Medical Leave
New Jersey: Hairstyles are Protected under the Law Against Discrimination
Bernalillo County, NM: Enacts Wellness Act
New York: Hairstyles are Protected under the State Human Rights Law
Toledo, Ohio: Salary History Inquiries Banned
South Carolina: State Supreme Court Abolishes Common Law Marriage
Dallas and San Antonio, TX: Paid Sick Leave Update

September Updates

September 27, 2019/0 Comments/in HR Alerts /by ManagEase

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This Short List addresses the following topics:

REMINDER! EEO-1 Component 2 Reporting is Due September 30th
DOL Says DOT Drivers Sleeping in Berths While Off-Duty is Unpaid Time
2nd Circuit: Collectively Bargained Arbitration is Governed by the Scope of the Agreement
9th Circuit: The Dynamex Independent Contractor Test Does Not Apply Retroactively – For Now
New Noncompete Restrictions in Maine, New Hampshire, and Rhode Island
Arizona: Mini-COBRA and Bona Fide Associations Updates
California: Hairstyles Soon to Be Protected From Discrimination
Emeryville, CA: Small Independent Restaurant Minimum Wage Hold Repealed
Florida: Unemployment Compensation Protections for Domestic Violence Victims
Indiana: Direct Sellers are Exempt from Minimum Wage Rules
Iowa: Enacts Negligent Hiring Protections for Employers
Louisiana: Electronic Notice to Employees Permitted for Group Health Insurance Plans
Kansas City, MO: Enacts Salary History Inquiry Ban
New Hampshire: Child Labor Hours Restricted
New York: Paid Family Leave Benefit Schedule Update
New York: Whistleblower’s Immigration Status is Protected
Ohio: Motor Carrier Drivers Excluded from Definition of “Employee”
Pittsburgh, PA: Paid Sick Leave is Revived by State Supreme Court
Vermont: Expunged Records Make Criminal Convictions Vanish
Virginia: Updates to Minimum Wage Exemptions and Nondisclosure Agreements
West Virginia: Effect of Expunged Criminal Convictions

Sixth Circuit: Work Restrictions Do Not Equate to a Disability Under the ADA

August 12, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with MI, KY, OH, and TN Employees

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June 7, 2019

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In Booth v. Nissan North America, Inc., the Sixth Circuit stated that just because an employee has physical work restrictions does not equate to being “disabled” under the Americans with Disabilities Act (ADA). A person is disabled under the ADA if they have a (1) “physical or mental impairment that substantially limits one or more major life activities,” (2) “a record of such impairment,” or (3) is “regarded as having such an impairment.”

Cincinnati, OH: Salary History Inquiries Now Prohibited

April 11, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with Cincinnati, OH Employees

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March 13, 2020

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(888) 378-2456

On March 12, 2019, a new ordinance amended the Cincinnati, Ohio city code to make it unlawful for employers to ask job applicants about prior salary history or current earnings, among other provisions, with few exceptions. Like other states and localities implementing similar prior salary history bans, this measure is intended to address discriminatory pay practices that are perpetuated by basing an applicant’s salary on historical compensation data.

Sixth Circuit: Off-Duty Law Enforcement Misclassified as Independent Contractors

March 7, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers of KY, MI, OH, or TN Employees

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February 12, 2019

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(888) 378-2456

In Acosta v. Off Duty Policy Services, Inc., the Sixth Circuit applied the six-factor “economic reality” test to determine whether off-duty officers were misclassified as independent contractors for purposes of the Fair Labor Standards Act (FLSA). There, the employer provided private security services using off-duty, sworn police officers, as well as nonsworn workers. The workers were allowed to accept or reject work assignments, were provided basic equipment, but had to supply their own vehicles and uniforms. The sworn officers typically wore their officer uniforms and used their patrol vehicles, while the nonsworn workers had to use their own police-style vehicle.

Sixth Circuit: Full-Time Work is Not an Essential Job Function Under the ADA

August 6, 2018/0 Comments/in HR Alerts /by ManagEase

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Employers with KY, MI, OH, and TN Employees

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July 17, 2018

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(888) 378-2456

In Hostettler v. College of Wooster, the Sixth Circuit Court of Appeal recently determined that an employer could not make full-time work an essential function of a job so as to justify failing to accommodate an employee under the Americans with Disabilities Act (ADA). There, the employee suffered from post-partum depression and, based on her physician’s instruction, obtained approval to work part-time. However, her supervisor felt that the employee’s part-time work schedule burdened others in the department. When the employee submitted an updated medical certification requiring continued part-time employment, the supervisor terminated her based on her inability to return full-time.

Sixth Circuit: Do Volunteers Have an Expectation of Compensation?

June 8, 2018/0 Comments/in HR Alerts /by ManagEase

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All Employers with KY, MI, OH, TN Volunteers

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April 16, 2018

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In Acosta v. Cathedral Buffet, the Sixth Circuit recently clarified the definition of a volunteer. There, a buffet restaurant, a for-profit corporation operated by Grace Cathedral, used volunteers to service patrons in addition to regular employees. The faith leader at Grace Cathedral told church members that God was calling on them to volunteer at the buffet, and that failing to do so was tantamount to a sin under the church’s doctrine. As a result of the church’s strategies, many members did volunteer. Employees and volunteers performed the same restaurant-related tasks; however, volunteers were not paid for their time.

Sixth Circuit: Transgender and Transitioning Status Discrimination Prohibited Under Title VII

April 3, 2018/0 Comments/in HR Alerts /by ManagEase

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Employers with MI, OH, KY, and TN Employees

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March 7, 2018

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(888) 378-2456

On March 7, 2018, the Sixth Circuit Court of Appeals became the first federal appeals court to state that transgender and transitioning employees are protected under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on specific protected categories. Further, the circuit court stated that “sincerely held religious beliefs” do not shield employers from Title VII discrimination claims.

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