Ohio Employment Law Matters

Insight on the latest in labor, employment, affirmative action, and website accessibility law.

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Latest from Ohio Employment Law Matters

The Department of Labor unveiled its final rule updating the salary threshold for so-called “white collar” exempt employees. The final rule, effective January 1, 2020, raises the salary threshold to qualify for one of the “EAP” exemptions to $35,568 per year or $684 per week. The current threshold is $23,660 per year. The Obama administration had proposed a $47,476 cutoff, which was struck down in a court challenge. Recall that the EAP exemptions are the…
Proof that your business is never too small to be noticed by the federal (or state) Department of Labor: a small dental surgery practice was investigated for unpaid overtime violations. The Department of Labor determined that 13 employees were paid their regular hourly rate for all hours worked—regardless of whether they worked more than 40 hours in a workweek. Overtime should have been paid when the employees exceeded 40 hours in a workweek at a…
Never fear. Some employees have no shame and will lie about anything–even a fake dying spouse. As Newsweek reported last week, https://t.co/d9NpMTGiFS?amp=1, an executive at Ford Models allegedly made up a story about a dying husband in order to get released from her non-compete. She asked to go to Canada to care for her husband and consult. Instead, she took a job with a rival in Manhattan. Ford Models is now suing her. To…
You’ve had an employee blow a deadline or miss the mark on a project or presentation. But you’re avoiding providing feedback. Key Tips for Delivering Feedback: Prompt but not “in the moment” Constructive and with intention Treat it as a conversation Focus on details Don’t Over-explain or sugarcoat it Provide action items Prompt Give the feedback promptly. Don’t wait until the employee’s annual review to tell him/her about it. He/she will have no time to…
For all of the federal contractors and subcontractors, OFCCP released new compliance guides on posting and notice, recordkeeping for Section 503 and VEVRAA, and general guidance. As a reminder, OFCCP has other guidance on its website to assist contractors, see: Compliance Assistance Guides Page. It is always a good idea to be prepared for a potential audit and work with your affirmative action plan vendor and legal counsel.…
A local diner in Florida scheduled an applicant for an interview for a server position. When she disclosed her pregnancy, they told her not to come to the interview. Her boyfriend took to social media and posted a screenshot of the written Facebook messenger discussion between the diner and his pregnant girlfriend (side). His posting resulted in media attention and local outcry. Long time patrons of the establishment threatened boycotts. http://www.fox13news.com/news/local-news/lakeland-diner-denies-woman-interview-because-she-is-pregnant The diner posted to…
Cannabidiol (known as “CBD”) is a compound naturally found in marijuana and hemp. For commercial use, it usually is extracted from hemp and combined with oil for vaporizing. It also can be found in creams and other products. It is being marketed as a treatment for pain, inflammation, anxiety, insomnia, epilepsy, and other illnesses. In 2018, the federal farm bill removed hemp and CBD from the coverage of the Controlled Substances Act’s Schedule I drug…
The Democratic House of Representatives passed a $15 per hour nationwide minimum wage. Given the composition of the Presidency and the Senate, it i is unlikely to go anywhere this year. On Thursday, July 18, 2019, H.R. 582, the “Raise the Wage Act” passed 231-199, mostly along party lines. The Congressional Budget Office (“CBO”) estimated that enactment of a $15 per hour minimum wage would raise wages for 17 million workers and lift 1.3 million…
In a big win for employers, a three-judge panel of the Sixth Circuit struck back against the notion that, under the 2008 expansion of the ADA, nearly every medical condition requiring work restrictions is a qualifying disability. Instead, the Court held that an employee must show that he or she is limited in performing a class or a broad range of jobs to show a limitation in the major life activity of working. Michael Booth…
Website accessibility seems to be a topic that companies choose to ignore until it is too late. Is your website compliant, and does it need to be? Jamie LaPlante, a frequent lecturer across the country on the issue of website and app accessibility, outlines the legal background, statutory coverage, application of the ADA to websites and apps, standards for accessibility, recent law and the consequences of the failure to comply. Public Accommodations Law – Background…