Critical employer law reforms move forward in Ohio House

Yesterday, Ohio House Bill 2, favorably reported out of the House Economic Development, Commerce, and Labor Committee. This is the important first legislative step to getting this bill passed and enacting necessary changes to Ohio’s employment discrimination law. HB 2 now moves onto consideration by the full House.

You can read all of the details at the Ohio Chamber’s All for Ohio Blog, including the key provisions of the legislation, and, most importantly, why the bill’s opponents shifted their stance to “neutral.” With opposition moving out of the way, I am cautiously optimistic that HB 2 will become law this legislative session. Stay tuned.

The 9th nominee for the “worst employer of 2017” is … the harassment ignorer

I was going to blog this morning about President Trump’s firing of FBI Director James Comey, and how, if you’re a CEO, and your company is investigating you for some misconduct (or even worse, potential illegal activity) related to your job, it’s bigly not good to fire the person leading the investigation, no matter the excuse you trump up.

Instead, however, today’s nominees are Target Corporation and MarketSource, (which operates mobile-phone kiosks in Target stores). Why do they make my list? Take a look at Abdel-Ghani v. Target Corp. (8th Cir. 5/5/17) [pdf].

Celebrating a decade of the Ohio Employer’s Law Blog

This is why it matters who runs the NLRB

In NLRB v. J. Weingarten, Inc., the U.S. Supreme Court held that employees covered by a collective bargaining agreement may request the presence of a union representative during an investigatory interview that the employee reasonably believes may result in disciplinary action. In the 42 years hence, the Board has vacillated on the issue of whether Weingarten rights also extend to non-union employees. For example, in 2000, in Epilepsy Foundation of Northeast Ohio [pdf], the Clinton-era Board found that employees in non-union settings have Weingarten rights to a coworker representative during investigatory interviews. More recently, however, the Bush-era Board, in IBM Corp., concluded the exact opposite, that, in light of certain policy considerations, the Board would no longer find that employees in non-union workplaces have the right to a coworker representative.

Which brings us to 2017.

WIRTW #460 (the “my favorite week of the year” edition)

This week is my favorite week of the year, because five nights from now I’ll be standing front and center at the Beachland Ballroom watching the Old 97’s. Yes, I know I’m a fanboy. And you know what? I don’t care. I’ve come to grips with it. I can’t wait to hear live for the first time most of their latest release, Graveyard Whistling, including this destined to be classic, “Jesus Loves You”.


Come see what all the fuss is about. Tickets are only $20, and, for now are still available, but will sell out before the lights dim Wednesday night. And, if you’re not in Cleveland, please support these guys by checking them out when they come through your town, this spring, summer, or beyond.

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Update: Earlier this week, the House passed the Working Families Flexibility Act. Much of the press surrounding this bill frames it as a law that will take away overtime pay from employees. Click here to read why this spin is flat out wrong (hint: an employer cannot force comp time on any employee, and an employee must agree, in writing, to accept comp time in lieu of overtime pay).

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Here’s what I read this week:

6th Circuit says you can’t spell “cat’s paw” without F-M-L-A

It’s been six year since the Supreme Court decided, in Staub v. Proctor Hosp., which validated the “cat’s paw” as a valid theory of liability in discrimination cases. The “cat’s paw” seeks to hold an employer liable for the discriminatory animus of an employee who played no role in the decision, but nevertheless exerted some degree of influence over the ultimate decision maker.

An open issue in Staub‘s wake is whether other employment laws also apply the cat’s paw. For example, what about the FMLA? In Marshall v. The Rawlings Co. (4/20/17), the 6th Circuit concluded that the cat’s paw does apply in FMLA retaliation cases.

10 key elements of any data security policy to safeguard your company

Yesterday, I told you that small businesses (less than 250 employees) suffered 31 percent of last year’s cyberattacks. What can you do to best protect your business (of any size) to repel an attack? Let me introduce you to the Data Security Policy, an essential component of any employee handbook now, and likely forever.

What should an effective Data Security Policy contain? Consider 1) consulting with a knowledgeable cybersecurity attorney; and 2) including these 10 components (c/o me, Travelers, and the U.S. Small Business Association):