As the debate over the meaning of "joint employer" continues to rage at both the NLRB and in the federal courts , Ohio has jumped...

Ohio has a specific statute that protects injured workers from retaliation after filing a workers’ compensation claim. O.R.C. 4123.90 stat...

Every now and again I get a question from a client to which I don’t know the answer, or the answer surprises me. It doesn’t happen that of...

If a picture tells a thousand words, then how many does a video tell? Last week, the 6th Circuit affirmed the dismissal of a retaliation cla...

Earlier this week, FedEx announced that it would pay an astounding $228 million to settle claims that it had misclassified drivers as indep...

One of the benefits of my new firm is that it exposes me to new practice areas. Case-in-point, workers’ comp, which I could not previously o...

The history of the workplace intentional tort as an exception to the state workers’ compensation system has  a long and tortured history in ...

Office Space is one of the great movies about the modern workplace. One of its key plot lines involves sad sack employee Milton Waddams, wh...

Last week, I discussed the bounds of the “honest belief rule” as a defense to a discrimination claim. Yesterday, in Seeger v. Cincinnati Be...

Ever heard of the phrase “sustained remunerative employment?” In the world of workers’ compensation, it means that if you are earning money,...

For the uninitiated, a no-fault attendance policy terminates an employee who accumulates a pre-designated number of absences, regardless of ...

Ohio Revised Code section 4123.90 prohibits employers from taking any adverse action against an employee who files a claim, or institutes, ...

Ohio has a specific statute against workers’ compensation retaliation— R.C. 4123.90 . It prohibits an employer from retaliating against an e...

In Baker v. Windsor Republic Doors (6th Cir. 3/8/11) , the plaintiff claimed that his employer retaliated against him in violation of the A...

In two anticipated opinions, the Ohio Supreme Court has finally found an intentional tort statute that passes muster under Ohio’s constituti...

Many companies require employees to submit to drug tests after suffering a workplace injury. The rationale is simple – intoxication is one o...

If you don't want it read by your spouse, seen by your boss, considered by a jury, or splashed on the front page of the newspaper, do no...

Every once in a while you come across a case that just makes you shake your head in disbelief. State ex re. Lynch v. Indus. Comm. is such a...