Ohio employers with plans to enforce non-compete agreements may have to think again in light of a recent Ohio Appellate Court decision. In Kross Acquisition Co. v. Groundworks Ohio, 2024-Ohio-592, the Court of Appeals upheld a lower court’s refusal
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Can Employers Request the Retroactive Termination of TTD? The Supreme Court of Ohio Says Yes They Can!
On March 5, 2024, in State ex rel. Dillon v. Indus. Comm., Slip Opinion No. 2024-Ohio-744, the Supreme Court of Ohio overruled its prior authority in State ex rel. Russell v. Indus Comm., 82 Ohio St.3d 516 (1998), which…
Texas Judge Blocks Enforcement of Pregnant Workers Fairness Act Against the State of Texas
On February 27, Judge James Hendrix from the United States District Court for the Northern District of Texas ruled that the federal government cannot enforce the Pregnant Workers Fairness Act (“PWFA”) against the state of Texas as an employer.
The…
NLRB New Joint Employer Rule Put on Hold . . . Again
In a move that gave hope to many business groups, a federal judge in Texas temporarily blocked a controversial new National Labor Relations Board “joint employer” rule on February 22. The new rule, which had been set to take effect…
Reminder For Employers To Be Aware of State and Local Pay Equity Laws
Approximately 21 states and several municipalities have enacted laws that prohibit inquiries by employers into the salary history of applicants. These laws are based primarily on the arguments that: 1) salary history does not accurately reflect an applicant’s qualifications and…
New Year, New OSHA Reporting Requirements: What OSHA’s Final Injury and Illness Tracking Rule Means for Employers
On January 1, 2024, a new Occupational Safety and Health Administration (“OSHA”) Rule took effect: the Final Rule to Improve Tracking. OSHA has long required employers to track and maintain records regarding workplace injuries and illnesses. Since 2016, OSHA…
Independent Contractor Classification: Out with the New and Back in with the Old
On January 9, 2024, the Department of Labor (the “DOL”) announced its final rule defining “independent contractors” under the Fair Labor Standards Act (the “FLSA”). Displacing the 2021 two-factor Trump Administration rule, the Biden Administration’s Final Rule returns to the…
The Voluntary Abandonment Defense: A Ghost of Christmas Past?
As an update to our prior client alert addressing the enactment of R.C. §4123.56(F), there has been a recent decision in State ex rel. Butler v. Indus. Comm., 10th Dist. Franklin No. 22AP-274, 2023-Ohio-3774 holding that a claimant is no longer required…
The Impact of Ohio’s Legalization of Recreational Marijuana on the BWC’s Drug-Free Safety Program
Frantz Ward’s Labor & Employment Group has previously written about the Ohio Bureau of Workers’ Compensation’s treatment of marijuana in its Drug-Free Safety Program (DFSP) following the legalization of medical marijuana in 2016. The legalization of cannabis for certain medical…
Employers Beware: Verbal Demands To Supervisors Can Result In Recognition Of A Union
We previously reported in August on the National Labor Relations Board’s decision in Cemex Construction Materials Pacific, NLRB Case No. 28-CA-230115, 327 NLRB No. 130 (August 25, 2023), wherein the Board overruled long-standing precedent and adopted a new scheme…