Ohio Employer Law Blog

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Jon Hyman

Emily MacLoud

Latest from Ohio Employer Law Blog

Ohio Employer Law Blog

Coronavirus Update 8-11-2020: States should follow Illinois’ lead in making it a felony to assault an employee over a mask rule

By Jon Hyman

August 11, 2020

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Elmo, Big Bird, Cookie Monster … and assault? Sesame Place is the latest employer to have an employee assaulted for trying to enforce a mask rule. It joins more likely suspects such as Target, WalMart (which has said that for the protection of its employees it will not require them to enforce mask rules), and McDonald’s (of which 44% of its employees report being physically of verbally assaulted by a non-mask-wearing customer). Illinois is…

Ohio Employer Law Blog

Coronavirus Update 8-10-2020: Indians quarantine of pitcher Zach Plesac is a teachable moment in handling irresponsible employees during this pandemic

By Jon Hyman

August 10, 2020

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The Cleveland Indians have sent pitcher Zach Plesac back to Cleveland from their current run of road games for breaking the team’s COVID-19 protocols. According to Cleveland.com, MLB security personnel caught the pitcher returning to the team’s hotel early Sunday morning after he had gone out with friends. The team has its own coronavirus code of conduct, which in part required Plesac to obtain permission before leaving the hotel. According to ESPN, the…

Ohio Employer Law Blog

Coronavirus Update 8-7-2020: Errata — CDC changes guidance on when someone can break COVID-19 isolation

By Jon Hyman

August 7, 2020

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Neil deGrasse Tyson once said, “I love being wrong because that means in that instant, I learned something new that day.” Earlier this week, I learned something new. In discussing who pays for employment-related COVID-19 tests, I noted that CDC guidelines recommend that a positive employee not return to work for either of: 1) it’s been at least 10 days since symptoms first appeared; three days with improved respiratory symptoms; and three days fever…

Ohio Employer Law Blog

Coronavirus Update 8-6-2020: Congress must pass the Save Our Stages Act #saveourstages

By Jon Hyman

August 6, 2020

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Today I’m taking a brief detour from the employment-law implications of COVID-19 to discuss an issue near and dear to my heart—the devastating impact COVID-19 has had on independent music venues. I am urging you to contact your Representative and Senators to implore them to pass the Save Our Stages Act. I love live music. I love discovering new bands in a small, sweaty club. I love bonding with my daughter at a concert. I love…

Ohio Employer Law Blog

Coronavirus Update 8-5-2020: Who pays for employer mandated COVID-19 tests?

By Jon Hyman

August 5, 2020

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The inevitable has happened. One of your employees has tested positive for COVID-19. You do what you’re supposed to do. You clean and sanitize your workplace. You communicate with your other employees to let them know that you’ve had someone test positive. You reinforce all of your coronavirus safety rules, protocols, and procedures. And you require the COVID-positive employee to isolate and not return to work per CDC guidelines. Those guidelines recommend that a positive…

Ohio Employer Law Blog

Coronavirus Update 8-4-2020: NY federal judge invalidates key parts of FFCRA regulations

By Jon Hyman

August 4, 2020

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Yesterday, a New York federal judge issued an order invalidating several key aspects of the Department of Labor’s regulations interpreting the paid sick leave and expanded FMLA provisions of the Families First Coronavirus Response Act. Judge J. Paul Oetken of the United States District Court for the Southern District of New York found that the DOL exceeded its authority in enacting each of the following of the DOL’s regulatory interpretations of the FFCRA: That an…

Ohio Employer Law Blog

Coronavirus Update 8-3-2020: How have employers responded to COVID-19?

By Jon Hyman

August 3, 2020

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A recent survey of businesses reveals a variety of trends about COVID-19 in the workplace. Nearly 6 out of every 10 employers has had an employee test positive for COVID-19 (double the number from April). 92 percent require on-site employees to wear masks in common areas and mandate physical distancing. 93 percent have enhanced cleaning protocols. More than 1 in 2 are taking employees’ temperatures and performing other daily health screenings, while only 2 percent…

Ohio Employer Law Blog

Coronavirus Update 7-31-2020: 41,214 reasons not to fire employees who request FFCRA leave

By Jon Hyman

July 31, 2020

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A San Jose, California, manufacturer has reached an agreement with the Department of Labor’s Wage & Hour Division to pay 17 employees $41,214 for wrongly denying their requests for paid coronavirus sick leave under the Families First Coronavirus Response Act. Specifically (and much worse than that description sounds), the employer terminated each of the 17 employees after they requested paid leave under the FFCRA. According to the DOL, “The employer’s action resulted in a violation…

Ohio Employer Law Blog

Coronavirus Update 7-30-2020: Ohio needs to fix its unemployment system, 𝗻𝗼𝘄

By Jon Hyman

July 30, 2020

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The State of Ohio has temporarily frozen its Pandemic Unemployment Assistance benefits, as the Ohio Department of Jobs & Family Services investigates what it believes are more than 275,000 fraudulent claims that have flooded the system. The CARES Act created Pandemic Unemployment Assistance (PUA) for individuals who are self-employed, seeking part-time employment, or who otherwise would not qualify for regular unemployment benefits because of a coronavirus related reason. News 5 Cleveland spoke to Kimberly Hall,…

Ohio Employer Law Blog

Coronavirus Update 7-29-2020: SAFE TO WORK Act would offer employers a significant shield from employee COVID-19 lawsuits

By Jon Hyman

July 29, 2020

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Earlier this week, Senate Republican introduced their $1 trillion COVID-19 economic stimulus package. Among other proposals the bill contains the SAFE TO WORK Act [pdf], which would provide employers a significant shield from liability for lawsuits related to coronavirus exposure by requiring gross negligence or willful misconduct that actually causes a personal injury before liability could attach. Employers would receive significant protections from employment-related COVID-19 lawsuits brought by employees. If passed, the law would…

Ohio Employer Law Blog

Blog Authors

Coronavirus Update 8-11-2020: States should follow Illinois’ lead in making it a felony to assault an employee over a mask rule

Coronavirus Update 8-10-2020: Indians quarantine of pitcher Zach Plesac is a teachable moment in handling irresponsible employees during this pandemic

Coronavirus Update 8-7-2020: Errata — CDC changes guidance on when someone can break COVID-19 isolation

Coronavirus Update 8-6-2020: Congress must pass the Save Our Stages Act #saveourstages

Coronavirus Update 8-5-2020: Who pays for employer mandated COVID-19 tests?

Coronavirus Update 8-4-2020: NY federal judge invalidates key parts of FFCRA regulations

Coronavirus Update 8-3-2020: How have employers responded to COVID-19?

Coronavirus Update 7-31-2020: 41,214 reasons not to fire employees who request FFCRA leave

Coronavirus Update 7-30-2020: Ohio needs to fix its unemployment system, 𝗻𝗼𝘄

Coronavirus Update 7-29-2020: SAFE TO WORK Act would offer employers a significant shield from employee COVID-19 lawsuits

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