Ohio – 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

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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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.

February Updates

February 6, 2019/0 Comments/in HR Alerts /by ManagEase

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This Short List addresses the following topics:

REMINDER: Post Form 300A in the Workplace
Upcoming Changes to H1-B Applications
Recent OSHA Updates
Department of Labor Penalty Increases
California: Human Trafficking Required Posting Available; DE 2588 Form Updated
California: Labor Commissioner Publishes Blacklisted Port Trucking Companies
Daly City, CA: Minimum Wage Increases on February 13rd
Fremont, CA: Minimum Wage Increases to $13.50 per Hour and Beyond
Michigan: New Employee Protections for State Contractors and Workers
Missouri: Delegation Clauses in Arbitration Agreements Must Be Enforced
New Mexico: State Fair Pay for Women Act Applies to Public and Private Employers
New York: Paid Family Leave Benefit Increases
Ohio: Franchisors are Not Joint Employers
Pennsylvania: Employers Must Protect Electronic Employee Information
Philadelphia, PA: Minimum Wage Increases for City Workers and Contractors

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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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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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.

Sixth Circuit: Arbitration Provisions Prohibiting Concerted Protected Activity are Unenforceable

July 11, 2017/0 Comments/in HR Alerts /by ManagEase

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

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May 26, 2017

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In National Labor Relations Board v. Alternative Entertainment, Inc., the Sixth Circuit court joined the Seventh and Ninth circuits in holding that mandatory arbitration provisions that contain class action waivers are unenforceable under the National Labor Relations Act (“NLRA”). The Second, Fifth, and Eighth circuit courts took the opposite opinion.

Ohio: New Bill Limits Employer Control of Guns at Work

March 6, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers with OH Employees

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March 19, 2017

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Effective March 19, 2017, Senate Bill 199 will now limit an employer’s ability to control the presence of guns at the worksite. Specifically, the Bill allows licensed gun owners to keep firearms in their own vehicles while parked on private employer property. It also allows licensed owners to bring concealed handguns into airport, institutes of higher education, and some government buildings under certain, specific conditions.

Sixth Circuit Sets Standard for Employer Constructive Knowledge of Overtime Hours Worked

July 5, 2016/0 Comments/in HR Alerts /by ManagEase

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All Employers with Kentucky, Michigan, Ohio and Tennessee Employees

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May 19, 2016

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The Sixth Circuit recently stated in Craig v. Bridges Bros. Trucking LLC. that an employer has constructive knowledge of an employee working overtime if it would have discovered the overtime by “exercising reasonable diligence.” The plaintiff, Donna Craig, was a bookkeeper for Bridges who processed payroll, including her own compensation. Craig frequently worked over 40 hour weeks and recorded her hours worked in time sheets, including overtime. However, Bridges only paid Craig overtime once. Craig alleged that Bridges told her she was not eligible for overtime. On the other hand, Bridges argued that Craig should have known she was eligible for overtime, and that the company was unaware that Craig worked overtime.

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