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News 2017-09-13T15:32:31-04:00

Supreme Court to Rule on Constitutionality of Union “Fair Share” Fees

On September 29, 2017, the U.S. Supreme Court agreed to hear the case of Janus v. American Federation of State, Municipal and County Employees, a case involving “fair share” agency fees paid by public sector employees who are not union members. Several states, including Ohio, allow a public employer whose employees were represented by a union to require those of its employees who did not join the union nevertheless to pay fees to it because they benefited from the union’s collective bargaining agreement with the employer. These fees are meant to finance collective bargaining negotiations over working conditions that benefit both union and non-union members. Mark Janus, an Illinois state employee, has asked the Court to overrule its prior decision in Abood v. Detroit Board of Education, 431 U.S. 209 (1977), which held that while public employees cannot be required [...]

October 17th, 2017|Categories: Latest News, Newsletter|

Court Finds a Harassing Supervisor Was Not Really a “Supervisor” under Title VII

On October 3, 2017, the U.S. Sixth Circuit Court of Appeals held that for a supervisory relationship to exist in Title VII discrimination cases, therefore making the employer vicariously liable, the alleged supervisor must be “empowered by the employer to take tangible employment actions against the victim.” The case is captioned Hylko v. Hemphill). In that case, the Plaintiff Hylko alleged his employer was liable because his supervisor harassed him. According to Hylko, his supervisor Hemphill began harassing him as soon as they started working together. Hemphill regularly asked Hylko about his sex life. These conversations made Hylko uncomfortable, but he went along because he believed that his "employment hinged on [Hemphill's] approval[.]" The harassment was also physical. Hemphill twice grabbed Hylko's buttocks, saying that Hylko had a "nice firm ass." Another time, Hemphill grabbed Hylko's penis in the elevator. [...]

October 17th, 2017|Categories: Latest News, Newsletter|

FLSA Overtime Rule is Off, For Now

On August 31, 2017, a federal judge from the U.S. District Court for the Eastern District of Texas struck down the controversial Obama-era Department of Labor (DOL) overtime rule that had been introduced in 2016. Through that rule, the DOL sought to expand the eligibility of employees who could earn “time-and-a-half” overtime pay for working in excess of 40 hours per week. Under the Fair Labor Standards Act (“FLSA”), workers who are paid on a salary basis of at least a minimum annual salary threshold, and who perform exempt job duties, are exempt from the eligibility for overtime pay. The current salary threshold is an annual salary of $23,660, or $455 per week. However, the DOL’s proposed regulations doubled the standard salary test—an annual salary of $47,476, or $913 per week. This meant millions of workers who were “exempt” from [...]

October 17th, 2017|Categories: Latest News, Newsletter|

New Ohio Workers’ Comp Laws Take Effect

Effective September 29, 2017, several changes to Ohio Workers’ Compensation Act took effect. These changes were the result of Sub. H.B. No. 27, the States Biennial Workers’ Compensation Budget Bill, which was passed on June 30, 2017. This article highlights some of those changes that should be of most interest to employers in evaluating their workers’ compensation liability. Statute of Limitations is Reduced to One-Year The time within which the employee must filed the claim based on injury or death, the “statute of limitations”, has been reduced to one year. Previously, the statute of limitations was two years. Opportunity to Settle Before Going to Court The new law adds a larger window within which the parties may try to settle the case before heading to Court. Under R.C. 4123.52, either the employer or the injured employee who is dissatisfied with [...]

October 17th, 2017|Categories: Latest News, Newsletter|

FHKAD Attorneys Win Jury Trial in U.S. District Court

Congratulations to FHKAD attorneys Daniel T. Downey and Melanie J. Williamson who recently won a jury trial in United States District Court in the Southern District of Ohio on behalf of two Butler County Sheriff’s Corrections Officers. Corey Williams v. Derrick Collins, et al., 1:15-cv-00337 (S.D. Ohio Aug. 17, 2017). Plaintiff, while in the process of being released from jail on an OR bond, began arguing and acting belligerently towards corrections staff. Plaintiff’s release from jail was temporarily halted and he was placed back in a holding cell to cool down. Plaintiff returned to the holding cell and took some of his release paperwork with him. Officers attempted to retrieve this paperwork from Plaintiff. Plaintiff repeatedly defied commands from officers to return the paperwork. Instead, Plaintiff aggressively lunged at one of the officers with a closed fist. The officer used [...]

October 17th, 2017|Categories: Latest News, Newsletter|
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