Ohio News & Analysis

  • Military service laws require more than just granting time off work

    A recent decision by the U.S. Court of Appeals for the 6th Circuit (whose rulings apply to all Ohio employers) highlights that an employer can be sued for violating the Uniformed Services Employment and Reemployment Rights Act (USERRA) and analogous Ohio law based on statements by managerial employees that reflect a bias against taking leave for military service, even though the employer never denied a single request for such leave.

  • Ohio cities bar questions about salary history

    Following Cincinnati's adoption of a similar law in March 2019, on June 26, Toledo became the latest in a small but growing list of states and municipalities that have prohibited employers from asking prospective employees about their past compensation. Citing concerns about the perpetuation of pay discrimination against women—especially minority women—the legislation bars Cincinnati and Toledo employers with 15 or more employees from asking job applicants for their salary history.

  • Employers can wield the power of LCAs

    The 6th Circuit recently ruled that an arbitrator abused his authority by ordering the reinstatement of an employee who was terminated for being absent from work because of car trouble, because he had entered into a "last-chance agreement" (LCA) with his employer just a few months before his final absence.

  • Individual coverage HRAs probably not option for 2020

    On his very first day in office, President Donald Trump issued an Executive Order instructing federal agencies to lessen the Affordable Care Act's (ACA) burden on the organizations and individuals who were subject to its requirements. More than two years later, the ACA is limping along, but the Trump administration is still working to carry out that order.

  • How to identify and minimize employee burnout

    You may have seen reports recently that the World Health Organization (WHO) has classified employee burnout as a diagnosable medical condition. While that's not exactly accurate, the group has expanded its definition of the term in its latest edition of the International Classification of Diseases.

  • Agency Action

    DOL takes more steps to advance apprenticeships. The U.S. Department of Labor (DOL) has announced a Notice of Proposed Rulemaking (NPRM) along with monetary awards in its continuing effort to expand apprenticeships. In the announcement, the DOL said the NPRM would establish a process for the agency to advance the development of high-quality, industry-recognized apprenticeship programs (IRAPs). A 2017 Executive Order created the Task Force on Apprenticeship Expansion, which developed recommendations on how to best expand the apprenticeship model. The new NPRM reflects key recommendations from the task force. The DOL also announced awards totaling $183.8 million to support the development and expansion of apprenticeships for educational institutions partnering with companies that provide a funding match component. The agency also will make available an additional $100 million for efforts to expand apprenticeships and close the skills gap.

  • Workplace Trends

    Tight labor market tops HR concerns, survey says. Attracting talent has surpassed regulatory compliance as the top HR concern, according to the 2019 Paychex Pulse of HR Survey, released on June 24. More than two-thirds of HR leaders reported difficulty finding and hiring quality candidates, up from 59% last year. When asked specifically about challenges related to hiring, HR professionals most often cited finding qualified candidates (49%), retaining their best employees (49%), and finding candidates who fit their company culture (42%). The survey reported that as a result of those challenges, HR teams are increasingly willing to train job candidates who may not check all the boxes for required skills. The survey showed 85% of HR leaders would be willing to train and upskill an underqualified candidate, and 78% said their organizations have already benefited from upskilling underqualified workers.

  • Employee's criticism of exec's high salary can be protected activity

    It's well-established under the National Labor Relations Act (NLRA) that employees have the right to discuss their wage rates among themselves and that any employer policy prohibiting them from doing so is unlawful. But, what about discussing a senior executive's salary? A recent National Labor Relations Board (NLRB) decision involving an Ohio-based employer addresses the question.

  • 6th Circuit lets Ohio retaliation claim proceed to trial

    A former Chipotle Mexican Grill employee who filed a lawsuit blaming her termination on race discrimination in the workplace can go forward with her retaliation claim, according to a recent decision by the 6th Circuit (whose rulings apply to all Ohio employers).

  • Employee's work restrictions don't necessarily establish a disability, 6th Circuit rules

    An employee could not succeed on his disability discrimination claim because his work restrictions resulting from a neck injury didn't rise to the level of a protected disability, the 6th Circuit recently ruled.