Ohio Employer Law Blog

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Jon Hyman

Emily MacLoud

Latest from Ohio Employer Law Blog

Ohio Employer Law Blog

The ADA never requires an employer to create a position as a reasonable accommodation

By Jon Hyman

December 9, 2019

Randona Johnson took a medical leave from his position as a process coach at a Ford assembly plant to deal with back pain, hypertension, and depression. After five months of leave, Ford moved Johnson to inactive status, with no active position at the plant. Two months later, Johnson reapplied for his old job and requested certain accommodations for his various disabilities. According to Ford, however, the assembly plant had no openings at that time, as…

Ohio Employer Law Blog

WIRTW #579 (the “blank slate” edition)

By Jon Hyman

December 6, 2019

Next Saturday, December 14, Norah and her Fake ID bandmates will be traveling west to Elyria, Ohio, to play Blank Slate, a very cool all ages, all inclusive, and substance free club. Tickets are only $5 if you buy them in advance (here) or $7 at the door. Here’s what I read this week. Discrimination HR & Employee Relations Technology Wage & Hour OSHA & Safety…

Ohio Employer Law Blog

Does it violate the ADA to work an employee in excess of a work restriction?

By Jon Hyman

December 5, 2019

Rita Morrissey is a licensed practical nurse who worked for 15 years for The Laurels of Coldwater, a skilled nursing and rehabilitation center. In 2012, she injured her back outside of work, and submitted a note to her employer from her primary care physician limiting her to no more than 12 hours of work per shift. Coldwater refused the accommodation, telling Morrissey that it would not accommodate any medical condition that did not stem from a…

Ohio Employer Law Blog

Do you know how to calculate the “regular rate of pay” for your employees? (hint: probably not)

By Jon Hyman

December 4, 2019

The Fair Labor Standards Act requires that employers pay their non-exempt employees one and one-half times the “regular rate of pay” for any hours worked in excess of 40 in any work week. For an employee paid a straight hourly rate, this calculation is simple and straight forward. A $10 per hour employee earns an overtime rate of $15 per overtime hour. Easy peasy. Often times, however, employees aren’t just paid a straight hourly rate. Uh…

Ohio Employer Law Blog

The 20th nominee for the “worst employer of 2019” is … the malignant mogul

By Jon Hyman

December 3, 2019

The 20th (and final) nominee for the Worst Employer of 2019 is Alki David, heir to the Coca-Cola bottling fortune and owner of several media firms. The evidence? This week, a jury awarded over $58 million to a female employee who accused him of thrusting his pelvis into her face, simulating oral sex, moaning, and zipping up his pants and walking away saying, “Thanks, M.K.” It’s the third massive sexual abuse verdict leveled against…

Ohio Employer Law Blog

As sure as today is Cyber Monday, your employees are shopping from work

By Jon Hyman

December 2, 2019

Today is Cyber Monday, the biggest online shopping day of the holiday season. In fact, it is estimated that today will be the biggest online shopping day ever, with over $9.4 billion in sales. And, guess what? Given that most of those doing the shopping will be spending the majority of their prime shopping hours at work, from where do you think they will be making most of their Cyber Monday purchases. Consider these …

Ohio Employer Law Blog

WIRTW #578 (the “credibility” edition)

By Jon Hyman

November 22, 2019

Yesterday, the NFL upheld the indefinite suspension of Cleveland Browns’ defensive lineman Myles Garrett, who last week assaulted Pittsburgh Steelers’ quarterback Mason Rudolph on the field with his helmet. At his suspension hearing, Garrett attempted to mitigate his misconduct by claiming that Rudolph had used a racial slur on the field. Garrett’s problem? It was the first time he had raised that claim in the week following the incident. He didn’t raise it on the…

Ohio Employer Law Blog

“Hairstyle discrimination” laws: a solution in search of a problem

By Jon Hyman

November 21, 2019

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I fully embrace the irony of a local news broadcast holding me out as the expert on hair discrimination. 👨🏻‍🦲 Irony notwithstanding, here I am on last night’s 6 o’clock news discussing why we don’t need to ban workplace hairstyle discrimination. (Big thank you to WEWS’s Mike Brookbank for reaching out and for the interview.) We do not need to enact laws to prohibit conduct that existing laws already prohibit. Title VII already prohibits race, national origin,…

Ohio Employer Law Blog

Is your business prepared for a cyber attack? (probably not, but I can help.)

By Jon Hyman

November 20, 2019

I’d like to share three scary cybersecurity statistics with you. 60 percent of small businesses fail within 6 months of a cyber attack. 72 percent of small businesses rate their ability to mitigate cyber risks, vulnerabilities and attacks as other than highly effective. 90 percent of data breaches are caused by human error. These numbers mean that most of you reading this post work for a company that is not doing nearly enough to mitigate…

Ohio Employer Law Blog

It’s not realistic to expect employees not to discuss politics at work, but it is to require them to do so professionally

By Jon Hyman

November 19, 2019

According to a recent survey conducted by SHRM [pdf], American workers cannot hide from politics at work. 42% of U.S. employees say they have personally experienced political disagreements at work 44% say they have witnessed political disagreements at work 34% believe that their workplace is not inclusive of differing political perspectives 12% report they have personally experienced political affiliation bias or discrimination based on their political views 56% state that political discussions at work…

Ohio Employer Law Blog

Blog Authors

The ADA never requires an employer to create a position as a reasonable accommodation

WIRTW #579 (the “blank slate” edition)

Does it violate the ADA to work an employee in excess of a work restriction?

Do you know how to calculate the “regular rate of pay” for your employees? (hint: probably not)

The 20th nominee for the “worst employer of 2019” is … the malignant mogul

As sure as today is Cyber Monday, your employees are shopping from work

WIRTW #578 (the “credibility” edition)

“Hairstyle discrimination” laws: a solution in search of a problem

Is your business prepared for a cyber attack? (probably not, but I can help.)

It’s not realistic to expect employees not to discuss politics at work, but it is to require them to do so professionally

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