Ohio News & Analysis

  • 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.

  • DOL updates opinion on independent contractors for the gig economy

    Under the Trump administration, the U.S. Department of Labor (DOL) has taken a decidedly industry-friendly approach to the independent contractor analysis. If there was any doubt before, that was made clear by its recent issuance of a whopping 10-page opinion letter examining the nature of the relationship between a virtual marketplace company (think Uber) and the "gig" workers they employ (e.g., Uber drivers).

  • Supreme Court ruling raises stakes in Title VII claims

    If an employee files a timely Equal Employment Opportunity Commission (EEOC) charge, can she later raise new discrimination allegations after the filing deadline has passed? That's the issue addressed in a new decision from the U.S. Supreme Court. Spoiler alert: The answer is no, unless the employer—or more accurately, its attorney—doesn't notice. To understand the Court's ruling, it's helpful to understand the EEOC's role in discrimination claims.

  • Agency Action

    NLRB reveals rulemaking plans. The National Labor Relations Board (NLRB) in May announced its rulemaking priorities, which include proceeding with its rulemaking on a standard for joint employment. The Board's agenda also includes plans for rulemaking in the following areas: representation-case procedures; standards for blocking charges, voluntary recognition, and the formation of bargaining relationships in the construction industry; the standard for determining whether students who perform services at private colleges or universities in connection with their studies should be considered employees; and standards for access to an employer's private property.

  • Workplace Trends

    Think you've made a hire? Maybe not. A survey from staffing firm Robert Half shows that more than a quarter of workers (28%) have backed out of a job offer after accepting the position. Why would a jobseeker do that? The survey says 44% of those changing their minds backed out after receiving a better offer from another company. For 27%, a counteroffer from their current employer led to the change of heart. In 19% of the cases, the jobseeker reported hearing bad things about the company after receiving the offer. The cities where jobseekers are more likely to renege are San Diego, San Francisco, Chicago, Houston, Austin, and Miami.

  • ADA doesn't entitle employee to less stressful manager, 6th Circuit decides

    An employee diagnosed with posttraumatic stress disorder (PTSD) wasn't entitled by the Americans with Disabilities Act (ADA) to be transferred to work under a different and allegedly less stressful manager, the U.S. 6th Circuit Court of Appeals (whose rulings apply to all Ohio employers) recently ruled.

  • Employer provides parking pass but doesn't control route to work, so not liable for injury

    Providing employees with paid parking passes sounds like a great perk but may lead to exposure for workers' compensation claims. In a recent case, an employee injured while in a covered walkway connected to the workplace did not sustain a compensable injury because the employer didn't control the area where he was hurt, the Ohio Court of Appeals for the Eighth Appellate District ruled.

  • 6th Circuit upholds ex-Cleveland police officer's retaliation win

    An employee's complaint under Title VII of the Civil Rights Act of 1964 will be construed liberally so that the court may consider claims that are "reasonably related" to the allegations in the Equal Employment Opportunity Commission (EEOC) charge, the 6th Circuit recently ruled.