Ohio News & Analysis

  • Employer cannot rely solely on its health professional's cursory physical exam

    A federal court in Ohio refused to rely solely on a less-than- thorough functional capacity evaluation (FCE) performed by an employer-selected healthcare provider when there was evidence the provider's conclusions were inconsistent with the disabled applicant's abilities.

  • Mentoring women in the #MeToo era—avoidance is not the answer

    Would it surprise you if I said that almost half of male managers are uncomfortable participating in a common work activity with a woman, such as working alone with or mentoring them? What if I said that one in six male managers hesitate to mentor women? Or that senior-level men are 3.5 times more likely to hesitate to have a work dinner with a junior-level woman than a junior-level man? These are all statistics resulting from a #MeToo backlash survey conducted by Leanin.org. Notably, the percentage of males uncomfortable working alone with a female colleague has doubled since the #MeToo and Time's Up movements.

  • 'I honestly believe you were dishonest'—defending against suspected FMLA abuse

    An employee uses intermittent Family and Medical Leave Act (FMLA) leave for chronic migraines. Facebook suggests he is enjoying a monster truck rally. You, as the employer, have a strong suspicion he is abusing his FMLA leave. Is it safe to terminate him?

  • DOL says FMLA leave mandatory for employees and employers

    After more than 25 years, you might think questions regarding proper interpretation of the Family and Medical Leave Act (FMLA) would be settled. It's a highly regulated law, and it provides employers far more detail and clarity than they get with most other labor and employment laws.

  • Should you be an HR leader?

    Whether you are a salesperson or a CFO, you should be thinking about the people in your organization. You may think, "I'm in sales, why should I care about the people in my organization?" or "I'm the CFO, numbers are my thing, not people," but you are dead wrong. It's part of your job to think about your organization and its employees.

  • Tips to ensure you are prepared for a deposition

    For an HR professional, giving a deposition is a lot like visiting the dentist. You know it's necessary, but you probably aren't looking forward to it. You may be asked questions you don't want to answer (like how often you actually floss). And finally, consistently responsible practices should reduce your stress levels about the event, make it go a lot smoother, and prevent worse problems in the future.

  • Agency Action

    NLRB chair claims joint-employment comment review not outsourced. Responding to concerns from congressional Democrats, National Labor Relations Board (NLRB) Chair John F. Ring says his agency is not outsourcing the review of public comments on the joint-employer standard. In March, Ring wrote a letter to Bobby Scott, chair of the House Committee on Education and Labor, and Frederica S. Wilson, chair of the House Subcommittee on Health, Employment, Labor & Pensions, saying the Board has not outsourced the substantive review of comments on its Notice of Proposed Rulemaking on what constitutes joint employment. Instead, he said the NLRB decided "to engage temporary support on a limited, short-term basis to perform the initial sorting and coding of the public comments." He said the process ensures confidentiality protections are in place, and the Board's professionals will perform the first substantive review of the comments.

  • Workplace Trends

    NFIB speaks out against predictive scheduling laws. The National Federation of Independent Business (NFIB) issued a statement in March in opposition to state and local laws requiring employers to provide hourly workers their work schedules weeks in advance. The organization said such laws aren't always possible or realistic for small businesses. "It severely limits owners' control over their scheduling decisions and urgent business needs," the statement said. The organization pointed to laws in Oregon, Seattle, and San Francisco and said the unpredictability of staff needs in certain industries like construction and hospitality raises concerns. "The laws not only prevent employers from adjusting to market changes, bad weather, or other demands outside their control, but they also prevent employees from picking up additional work hours at a moment's notice or requesting unanticipated time off," the statement said.

  • Demotion for failed drug test isn't disability discrimination

    A federal court in Ohio has reaffirmed that employers may take adverse employment actions based on failed drug tests and an employee's admission of illegal drug use.

  • 6th Circuit upholds broad attorneys' fees provision in noncompete

    A recent decision by the U.S. Court of Appeals for the 6th Circuit (whose rulings apply to all Ohio employers) underscores the importance of not only having well-drafted noncompetition and nonsolicitation provisions, but also the importance of strategically drafted attorneys' fees provisions.