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Latest from Ohio Employers Law Blog

Yesterday morning, NBC News released the complete report into its months long investigation of Matt Lauer. I was astounded by NBC’s transparency. It is extraordinarily rare for a private company to release an internal investigative report of one of its employees. In fact, it runs counter to conventional wisdom that harassment investigations should be kept as confidential as possible under the circumstances. Perhaps the combination of NBC’s status as a news agency and the high…
Today’s opinion is a lesson straight out of the school of hard knocks. No matter how sympathetic the plaintiff or how harrowing his plights, the law is the law and sometimes it’s just not on his side. When an opinion starts with this quote, you know that the plaintiff is not going to have a good day. What happened in Sepúlveda-Vargas v. Caribbean Restaurants, LLC (1st Cir. 4/30/18) to garner this tough life lesson from…
Ohio’s medical marijuana program is set to be fully operational by September 2018. Ohio will join 28 other states, and the District of Columbia, in which doctors can legally prescribe marijuana to treat certain medical conditions. Ohio’s medical marijuana law does not require that employers accommodate employees’ lawful use of medical marijuana. It also permits employers still to maintain drug testing policies, drug-free workplace policies, and zero-tolerance drug policies. Yet, with the lawful use of…
Today’s nominee for the Worst Employer of 2018 is Seasons 52, a national, Orlando-based restaurant chain. Last week, it agreed to pay $2.85 million to settle a nationwide class age discrimination lawsuit brought by the EEOC. The lawsuit included significant direct evidence of age discrimination. The EEOC’s lawsuit sought relief for applicants age 40 and older that had been denied front-of-the-house and back-of-the-house positions at 35 Seasons 52 restaurants around the country.  During the course…
Never in my life did I think that I’d ever attend a biker rally. Yet, three weeks from tomorrow, I’ll be in Sandusky, at Ohio Bike Week. Why? I’ll be watching Norah and her bandmates warming up the crowd for 80’s hair band Great White. If you’re attending, please say hi. I’ll be the one without the motorcycle. Here’s what I read this week. Discrimination TechnologyHR & Employee RelationsWage & HourLaborOSHA & Safety…
I’ve spent a lot of time over the past 16 months discussing bad employers—those that so mishandled employees that they earned a spot on my list of America’s Worst Employers. Today, I thought I’d take a look at the brighter side—an employer that handled a tricky employee issue correctly.Jablonski v. WalMart (9th Cir. 4/26/18) concerns an issue that often confounds employers and presents many opportunities for mistakes that lead to difficult lawsuits—the sick…
I’m thinking of starting a religion “Onionhead” teaches people to direct their emotions in a truthful and compassionate way. It is central to the teachings of the Harnessing Happiness Foundation, a 501c3 nonprofit organization dedicated to emotional knowledge and intelligence, conflict resolution, and life handling skills. Onionhead is also central to a religious discrimination lawsuit brought by the EEOC against United Health Programs of America and its parent, Cost Containment Group. The aunt of the…
Three female associates at Morrison & Foerster have filed an alleged $100 million class-action sex discrimination lawsuit against the firm. They claim that their employer “mommy tracks” lawyer moms working at the firm by denying them opportunities for advancement and higher pay. According to the lawsuit [pdf] (care of the ABA Journal): Morrison & Foerster discriminates against Plaintiffs and other female attorneys, especially pregnant attorneys and women with children, with respect to compensation and…
Give me a head with hair, long beautiful hairShining, gleaming, steaming, flaxen, waxenGive me down to there hair, shoulder length or longerHere, baby, there, momma, everywhere, daddy, daddyHair, hair, hair, hair, hair, hair, hair, hairFlow it, show it, long as God can grow it, my hair – “Hair” Friday’s tongue in check post about the beauty of baldness got me thinking about hair and employment law. Or, more to the point, can an employer run…
I need to get something off my chest. An albatross I’ve carried since my teenage years. I’ve been crushed by the weight of success, intelligence, and sheer masculinity. And now science has finally, and thankfully, provided a rational explanation for my years of pain. Men with bald heads are often seen as more dominant and successful by everyone around them, according to a study of the University of Pennsylvania.  The american scientist Albert E.…