Ohio Employer Law Blog
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Friday, October 31, 2014

WIRTW #343 (the “trick or treat” edition)

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True confession—I do not like Halloween. I never did. As a kid, I tolerated the holiday because it brought a bounty of candy. As I aged out ...
Thursday, October 30, 2014

EEOC files historic lawsuit challenging biometric testing by employers

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It’s no secret that health insurance costs are out of control. To help combat this surge, many employers have turned to biometric testing fo...
Wednesday, October 29, 2014

Court of appeals decision highlights risk of (mis)classifying employees

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I once handled a wage-and-hour investigation in which the employer, before retaining my services, hired an HR consultant to help classify it...
Tuesday, October 28, 2014

The times they are a changin’ for LGBT discrimination

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Last week, the The U.S. Office of Special Counsel announced a landmark determination that the Department of the Army engaged in “frequent, p...
Monday, October 27, 2014

Does social media hold the cure for your malingering, hooky playing employees?

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In one of the better earlier episodes of The Office , the Assistant to the Regional Manager, Dwight Schrute, thinks that one of his co-work...
Friday, October 24, 2014

WIRTW #342 (the “family photo” edition)

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Photo by Jenny Gildea Photography (who I cannot more highly recommend). Here’s what I read this week: Discrimination “How Can We Accom...
Thursday, October 23, 2014

“He liked breasts” is never an appropriate response to a harassment complaint

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Ruby Blackmon claimed that for a ten-month period, her second-level manager inappropriately stared at her breasts three to 10 times per day,...
Wednesday, October 22, 2014

“Honest belief” isn’t a defense to an FMLA claim, says federal court

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The honest-belief rule is one of most effective shields available to employers in discrimination cases: As long as an employer has an ho...
Tuesday, October 21, 2014

Cop caught sleeping on the job awarded $1M in ADA lawsuit — what could this employer have done differently?

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A federal jury awarded nearly $1 million to a former police officer, allegedly fired after sleeping on duty. According to the McPherson Sen...
Monday, October 20, 2014

What if…? Internet use as a disability

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Last year I reported on the possibility that Internet use could become an ADA-protected disability. Now, we have one of the first documente...
Friday, October 17, 2014

WIRTW #341 (the “impeachment by blog” edition)

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I’ve been blogging for more than seven years, and I’ve never had opposing counsel try to impeach one of my clients with something I’ve writt...
Thursday, October 16, 2014

When #Ebola impacts your workplace

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If you employ people at Cleveland Hopkins Airport, Frontier Airlines in Cleveland, or Kent State University, congratulations, you’re among t...
Wednesday, October 15, 2014

Two all-beef patties, special sauce … and a noncompete?

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While the law of noncompete agreements is state-specific, generally you need three things to enforce such an agreement: reasonableness as t...
Tuesday, October 14, 2014

Do personality tests pass the ADA-compliance test?

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The ABA Journal (hat tip: Overlawyered ) is reporting that the EEOC is investigating whether several well-known companies are violating the...
Monday, October 13, 2014

“Faithfully” considering performance obligations in employment contracts

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Ken Adams, writing at his always insightful blog, Adams on Contract Drafting , comments on the use of terms such as “faithfully” to describe...
Friday, October 10, 2014

WIRTW #340 (the “punting” edition)

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The federal court that recently announced its intent to dismiss the EEOC v. CVS severance agreement case has finally issued its written op...
Thursday, October 9, 2014

Are post-work security checks compensable? #SCOTUS and Integrity Staffing Solutions v. Busk

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Yesterday, the Supreme Court heard oral argument in its first employment law case of this term, Integrity Staffing Solutions v. Busk . To w...
Wednesday, October 8, 2014

Sexual discrimination vs. sexual favoritism

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The Employment Matters blog recently posted about a 10th Circuit case that upheld the dismissal of a sex discrimination case that alleged s...
Tuesday, October 7, 2014

Don’t fire employees on the heels of a cancer diagnosis

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You can’t escape the fact that October is Breast Cancer Awareness Month . Pink is everywhere. Women are wearing pink everything. Buildings a...
Monday, October 6, 2014

For want of a well-placed pickle: will your termination pass the red-face test?

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Have you ever refused to eat at fast food sandwich because the pickles were off? Not “off” as in omitted, or “off” as in taste, but “off” as...
Friday, October 3, 2014

WIRTW #339 (the “iWork” edition)

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What’s it like to work for the richest and most admired company in the world? Boy Genius Report writes that being an Apple employee might n...
Thursday, October 2, 2014

BREAKING NEWS: U.S. Supreme Court to take up issue of workplace religious accommodation

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It’s day one for the U.S. Supreme Court’s 2014-2015 term, and the Court has already made big employment law news. The Court has accepted th...

Add “no loitering” to the list of potentially unlawful work rules, per the #NLRB

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It’s no secret that the NLRB is waging a war against facially neutral employment policies. You can add “no loitering” rules to its list of v...
Wednesday, October 1, 2014

EEOC wastes its scarce resources by filing lawsuits without claimants

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The National Law Journal reports that Texas Roadhouse has sued the EEOC, demanding background on the agency’s prior age discrimination suit...
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