Ohio Employer Law Blog
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Wednesday, November 30, 2011

Booze, Sex and HR: maintain perspective; accept corporate responsibility

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In the spirit of the holiday party season, Mike VanDervort made the following challenge on his blog, The Human Race Horses: On November 30,...
Tuesday, November 29, 2011

RIP Patrice O'Neal

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Earlier today, it was announced that comedian Patrice O'Neal passed away. He succumbed to complications from a stroke he suffered last m...

Supreme Court to hear case on scope of outside sales exemption (and hopefully scope of DOL’s power)

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Do you employ outside salespeople (pharmaceutical reps, for instance)? If so, then you are going to want to pay attention to what will trans...
Monday, November 28, 2011

“SAY IT! SAY IT!” Yelling as an essential function

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Did you know that the ability to yell at one’s students is an essential function of a teacher? According to Johnson v. Cleveland City School...
Wednesday, November 23, 2011

WIRTW #202 (the “thankful” edition)

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I learned something new yesterday. I learned, from my kindergartener, that the first Thanksgiving feast lasted three days. I am thankful t...
Tuesday, November 22, 2011

Sympathy for the Devil (as religious discrimination)

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I haven’t always been a lawyer. During a previous life (high school and college), I spent weekends and summers as a bar mitzvah DJ, a nursin...
Monday, November 21, 2011

A new era dawns—my first post at Fistful of Talent

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Today’s post is a little different. It's the first I’ve ever written that is not being debuted on my own blog. Today is my first endeavo...
Friday, November 18, 2011

WIRTW #201 (the “Mickey Mouse” edition)

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The news has been pretty somber this week, with the sexual abuse of children dominating the headlines. So, I thought we needed a light-heart...
Thursday, November 17, 2011

I’m begging you … have a social media policy

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Last week, SHRM released the results of its 3rd survey on Social Media in the Workplace [pdf] . SHRM polled 532 randomly selected HR profes...
Wednesday, November 16, 2011

Who owns social media accounts? (part 2)

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Last Monday, I asked the following question: “What happens to an employee’s social media account when the employee leaves a company?” The v...
Tuesday, November 15, 2011

Don’t ignore common sense when conducting workplace investigations

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Light night, I tuned in with curiosity for Bob Costas’s interview with Jerry Sandusky . That curiosity turned to stunned outrage when Sandus...
Monday, November 14, 2011

Tell them to their face: firing employees (a lesson from State College, PA)

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Frank Roche, writing at his KnowHR blog , made the following observation the morning after Penn State announced that it had fired Joe Patern...
Friday, November 11, 2011

WIRTW #200 (the “bicentennial” edition)

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This week offered a lot of potential themes from which I could pick for today’s “WIRTW”: Joe Paterno (come back Monday for my thoughts on th...
Thursday, November 10, 2011

Regulating workplace photography? Think again, says one federal court

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This time next week, I’ll be in San Diego presenting on workplace social media issues at the 2011 Human Resources & Employer Compliance ...
Wednesday, November 9, 2011

Progressive discipline might not be mandatory, but it makes sense

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In Fulton v. ODJFS (11/3/11) [pdf] , the employee argued that he was entitled to recover unemployment compensation because his employer fai...
Tuesday, November 8, 2011

Employers cannot “ostrich” harassment allegations

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By now, you’ve likely read or heard about the disturbing sexual abuse scandal involving Jerry Sandusky, Penn State’s former defensive coordi...
Monday, November 7, 2011

Who owns social media accounts—the employer or employee?

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What happens to an employee’s social media account when the employee leaves a company? One British court has answered this question by orde...
Friday, November 4, 2011

WIRTW #199 (the “Occupy” edition)

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I spent the first half of last week in Denver. I took the opportunity of a free Monday morning to walk the city. In front of the Colorado St...
Thursday, November 3, 2011

Unsubstantiated allegations cannot create protected activity (at least according to one Ohio court)

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In Veal v. Upreach LLC (10/20/11) , an employee claimed that her employer terminated her in retaliation for her contacting the EEOC. The co...
Wednesday, November 2, 2011

Do you know what an employment lawsuit costs?

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My manifesto—the Employer’s Bill of Rights—continues to generate links (thanks Kris Dunn and Walter Olson ) and comments . One commenter as...
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