Ohio Employer Law Blog
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Friday, August 29, 2014

WIRTW #334 (the “these go to 11” edition)

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Today is my 11th anniversary. I love my wife. That is all. Here’s the rest of what I read this week: Discrimination Gee Whiz! Sexual Har...
Thursday, August 28, 2014

What does the ADA have to say about employer inquires about prescription drugs

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Employers with employees working in safety-sensitive positions have an obligation to ensure that their employees are not impaired while enga...
Wednesday, August 27, 2014

Hear what I had to say on @WCPN about #BanTheBox

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Yesterday, WCPN’s The Sound of Ideas was kind enough to invite me to speak about criminal background checks in employment and the “Ban the ...
Tuesday, August 26, 2014

Facebook firing causes unfair labor practice double play for NLRB

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In Triple Play Sports Bar & Grille [pdf] , the NLRB unanimously concluded that an employer unlawfully fired two employees for their off...
Monday, August 25, 2014

Listen to me on WCPN tomorrow morning (8/26) from 9–10, discussing “Ban the Box”

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If you’re near a radio tomorrow morning from 9 – 10, tune to 90.3 FM, WCPN, to hear me on The Sound of Ideas . The topic of the day is “Ban...

The difference between alcoholism and drunk under the ADA

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A few months ago, I had to fly to Houston for a hearing. After the flight took off, I witnessed the most impressive bit of alcohol consumpti...
Friday, August 22, 2014

WIRTW #333 (the “firsts” edition)

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Big week of firsts for the Hyman family. First week at a new job for me . First week of third grade for Norah. And, it was the first day of ...
Thursday, August 21, 2014

Cop loses big ADA verdict on a finding of no disability

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When is a disability not a disability? When an employer fires a difficult employee based on his inability to get along with his co-workers, ...
Wednesday, August 20, 2014

When the cat’s paw strikes retaliation

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What happens when a decision-maker acts with an innocent motive, but unwittingly carries out the retaliatory motive of a subordinate? Does t...
Tuesday, August 19, 2014

Even the lone wolf can establish protected concerted activity with today’s NLRB

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In Fresh & Easy Neighborhood Market (8/11/14) [pdf] , the NLRB held that an employee engaged in protected concerted activity merely by ...
Monday, August 18, 2014

Announcing a new beginning at Meyers Roman

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And to make an end is to make a beginning. ― T.S. Eliot According to my blogging service, this is my 2,000th post. While this milestone ...
Friday, August 15, 2014

WIRTW #332 (the “carpe diem” edition)

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There are lots of snippets of Robin Williams I could play. I chose this one . I'll see everyone Monday with some huge news.   Here’s th...
Thursday, August 14, 2014

When retaliation stands the test of time

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Often when we consider the issue of temporal proximity in a retaliation case , we examine it from the standpoint of whether temporal proximi...
Wednesday, August 13, 2014

Do not force employees to work during FMLA leave

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With technology making work-from-home more and more feasible, it is easier and easier for employees to work while "out" on an FMLA...
Tuesday, August 12, 2014

Apparently, “information security” is now an unfair labor practice

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In Fresh & Easy Neighborhood Market (7/31/14) [pdf] , the NLRB examined the following “Confidentiality and Information Security” policy...
Monday, August 11, 2014

You might want to reconsider if you send your FMLA forms via regular mail

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One of the very first things a lawyer learns in law school is the “mailbox rule.” This rule simply states that if a letter “properly direct...
Friday, August 8, 2014

WIRTW #331 (the “Rosie” edition)

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According to a recent report jointly published by the Pew Research Center and the Imagining the Internet Center , almost half (48%) of techn...
Thursday, August 7, 2014

More on anticipatory pregnancy discrimination

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Every so often, I write a post that rankles some feathers. Yesterday’s was one such post. Recall that yesterday I discussed a case in which...
Wednesday, August 6, 2014

Beware the “anticipatory pregnancy” claim

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In Cadenas v. Butterfield Health Care II, Inc. (N.D. Ill. 7/15/14) , a federal court asked the question of whether an employer could termin...
Tuesday, August 5, 2014

LinkedIn’s $6M FLSA settlement provides a good lesson to employers (updated)

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LinkedIn will pay nearly $6 million in back pay and liquidated damages to 359 current and former employees following a Department of Labor i...
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