In a recently decided case, the U.S. Supreme Court held that a job transfer may demonstrate adverse action even when the transfer does not result in a loss of pay or other benefit. A unanimous Court held in Muldrow v. City of...more
5/9/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
Starting on March 1, 2024, Columbus will join over 40 states, counties, and cities, including Cincinnati and Toledo, in prohibiting employers from asking applicants about wage rates or salary history. The Columbus ordinance’s...more
2/22/2024
/ Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Local Ordinance ,
Pay Gap ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour
On June 29, 2023 the U.S. Supreme Court issued a unanimous decision clarifying how employers should consider employee requests to accommodate religious practices. In Groff v. DeJoy,1 the Court held that in order to deny a...more
7/12/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
On May 18, 2023, the Equal Employment Opportunity Commission (“EEOC”) issued guidance for use of artificial intelligence (“AI”) in employment selection to comply with Title VII (“Title VII”), the federal law that protects...more
On October 19, 2022, the Equal Employment Opportunity Commission (EEOC) quietly released a new poster entitled “Know Your Rights: Workplace Discrimination is Illegal,” which informs employees of the federal laws prohibiting...more
On February 10, 2022, the U.S. Senate passed S. 2342, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, with strong bipartisan support. If signed by President Biden, the Act will end the use of...more
Bricker & Eckler’s annual “Hot Topics” seminar is going virtual this year! This series provides human resources professionals and in-house attorneys with insight into ongoing and emerging labor and employment issues.
We...more
10/6/2020
/ Best Practices ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
Labor Regulations ,
Medical Leave ,
Paid Leave ,
Reasonable Accommodation ,
Remote Working ,
Sick Leave ,
Unpaid Leave ,
Virus Testing ,
Wage and Hour ,
Webinars ,
Workplace Safety
On September 8, 2020, the Equal Employment Opportunity Commission (EEOC) published updated guidance on complying with the Americans with Disabilities Act (ADA) amidst the return to work effort during the COVID-19 pandemic....more
9/21/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Public Health ,
Reasonable Accommodation ,
Return-to-Work Agreements ,
Risk Management ,
Screening Procedures ,
Workplace Safety
In a 4-3 decision the Ohio Supreme Court recently held that the privacy of an at-will employee is not invaded when the employee is required to produce a urine sample while being monitored by a same-sex employer representative...more
In Logan v. MGM Grand Detroit Casino, released September 25, 2019, the United States Court of Appeals for the Sixth Circuit, which hears appeals from the federal district courts of Ohio, Michigan, Kentucky and Tennessee, held...more
On September 24, 2019, the United States Department of Labor (DOL) issued its final rule revising the overtime exemptions that cover employees designated as executive, administrative and professional – the so-called...more
9/28/2019
/ Bonuses ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Incentive Compensation ,
Minimum Salary ,
Minimum Wage ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Sales Commissions ,
Standard Duties Test ,
Wage and Hour ,
White-Collar Exemptions
On July 3, 2019, the National Labor Relations Board (NLRB) modified the legal framework in which an employer can anticipatorily withdraw its recognition from the union. Under well-established NLRB precedent, an employer could...more
7/29/2019
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Johnson Controls ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Unfair Labor Practices ,
Union Representatives ,
Unions ,
Withdrawal
JPMorgan Chase recently announced that it reached a tentative settlement in a class action suit by male employees who claim they were denied equal parental leave to bond with newborns.
...more
Ohio is in for some turbulence as it enters the world of legalized cannabis. The state’s medical marijuana program was to be fully implemented by September 8, 2018. ...more
9/7/2018
/ Adverse Employment Action ,
Collective Bargaining Agreements (CBA) ,
Decriminalization of Marijuana ,
Disability Discrimination ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Screening Procedures ,
State and Local Government ,
Workplace Safety