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Ohio Supreme Court Allows Limits on Maternity Leave

June 24, 2010

The Ohio Supreme Court recently ruled that it is not gender discrimination for an employer to deny maternity leave to a worker after approximately eight months of employment. The Court found that where a company employment policy requires a minimum term of service before any employee is eligible for leave, that policy is not direct evidence of sex discrimination under Ohio’s civil rights statutes as long as the policy is uniformly applied to all employees. Read More...

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Same Court + Same Police Uniform = Different Result as to Compensability for

April 01, 2008

Under the Fair Labor Standards Act (FLSA) time spent performing preliminary or postliminary activities are non-compensable. 29 U.S.C. §254. However, the US Supreme Court held in IBP Inc. V. Alvarez, 546 U.S. 21 (2005), that time spent on activities which are "integral and indispensable" to the performance of principle activities are compensable under the FLSA. In the span of four (4) months the United States District Court for Northern District of California addressed this issue as applied to the donning and doffing of police uniforms yielding opposite results. Read More...

Caution: Smoking May be Hazardous to Your Career

April 01, 2008

Generally, employees who smoke at work have no reason for concern so long as they are not in violation of a specific work rule or the Ohio Smoke Free Workplace Act. However, the recent actions of Whirlpool may have employees who smoke thinking twice before lighting up at work. Whirlpool, in Evansville Ind., suspended 39 employees in mid-April who were observed smoking on the employer's premises. The suspensions were not for smoking, but rather lying on their health insurance enrollment application. Each of the suspended employees had previously attested that they did not use tobacco in exchange for a discount on their premiums. Read More...

Job Related Discrimination Charges Soar in 2007

April 01, 2008

According to a press release issued by the Equal Employment Opportunity Commission (EEOC), private sector discrimination charges rose 9% from 75,768 in 2006 to 82,792 in 2007. This represents the largest annual increase in charges filed in 15 years. The EEOC's statistics also show that it recovered $345 million in monetary relief. These charges resulted in 336 lawsuits being filed with 116 involving multiple claimants and/or employees affected by discriminatory policies. Considering the drastic increase in charges filed, employers are well advised to stay ever vigilant in the drafting, implementing and enforcement of workplace policies and procedures. Below is a brief summary of the major categories as reported by the EEOC. Read More...

Noteworthy News

April 01, 2008

Noteworthy News at DHF Law. Read More...

Schedule of Events

April 01, 2008

Schedule of Events at DHF Law. Read More...

The Ohio Bureau of Workers' Approves First Premium Rate Decrease.

April 01, 2008

On March 28, 2008, the Ohio Bureau of Workers' Compensation (BWC) approved a five-percent overall premium rate decrease for private employers, effective July 1, 2008. This marks the first premium rate decrease for Ohio's private employers since 2001. Read More...

Benjamin S. Albrecht Named Partner

July 15, 2008

Downes, Hurst & Fishel, LLP is pleased to announce that Benjamin S. Albrecht has been named Partner in the firm. Read More...

Court Extends Immunity To Corrections Facility

July 15, 2008

An Ohio Court held a jail immune from lawsuit in a case recently defended by DH&F. The Delaware County Court of Common Pleas has ruled that a corrections facility is not liable for injuries sustained by an inmate who was performing community service while incarcerated. Read More...

Ethics Commission Cautions Against Nepotism In Summer Hires

July 15, 2008

At its May 29, 2008 meeting, the Ohio Ethics Commission issued a bulletin reminding public officials about the restrictions in Ohio's Ethics Law against hiring family members and as a reminder about hiring for summer jobs. Read More...

Leglislative Watch: New Rule Affecting CDLs

July 15, 2008

NEW RULE AFFECTING CDLs: On June 25, 2008, the U.S. Department of Transportation issued changes to its mandates on drug testing of some employees. Read More...

Remember To Watch The Clock In Discrimination Claims

July 15, 2008

DH&F attorney Lori Torriero recently defended an employer against a discrimination charge, and wants to remind employers to watch the clock. Read More...

The "Proof" Is In The Record

July 15, 2008

The Ohio Supreme Court recently issued a decision against a public agency in a public records lawsuit. In State ex rel. Cincinnati Enquirer v. Jones-Kelley (2008), 2008-Ohio-1770, the Ohio Supreme Court created a "rule of thumb" for establishing the burden of proof: when applying an exception to disclosure, each record must stand on its own. The Jones-Kelley decision is a good lesson for public offices that attempt to overuse exceptions to Ohio's Public Records Act. Read More...

Workers' Compensation Year-In-Review

July 15, 2008

According to the Ohio Industrial Commission's 2007 Production Activity report, the BWC recorded more than 199,000 new injury, occupational disease, and death claims last year. The Industrial Commission is the agency that hears appeals of BWC orders and conducts hearings on other issues. Our office is most often asked to represent employers in hearings before the Industrial Commission. This is the phase where a hearing is held regarding an issue in the claim. Read More...

2008 SERB Academy Announcement

October 01, 2008

The State Employment Relations Board will conduct the 2008 SERB Academy on October 21-22, 2008 at the Kings Island Resort and Conference Center located in Mason, Ohio. Read More...

ADA Amendments Will Open Litigation Flood Gates

October 01, 2008

Reinforce your flood walls employers! The litigation flood gates have just been opened. On September 11, 2008, the U.S. Senate overwhelmingly passed the American with Disabilities Act ("ADA") Amendments Act of 2008. The U.S. House had already passed similar legislation this year. President Bush is expected to sign the Act into law within the next couple of weeks. The Act will become effective on January 1, 2009. So, what does this mean for employers? Plenty!! Read More...

Express Time Limit Renders Arbitrator Without Jurisdiction

October 01, 2008

Express Time Limit Renders Arbitrator Without Jurisdiction The Twelfth District Court of Appeal recently held that an Arbitrator's assumption of jurisdiction was "unlawful" as the grievance filed was outside of the express time limit provided by the parties' collective bargaining agreement. City of Fairfield v. Am. Fedn. Of State, Cty., & Mun. Emps., Ohio Council 8, 2008 Ohio 3891 (12th Dist. App. Aug. 4, 2008), unreported. More importantly, the Court did not accept the Arbitrator's reasoning that he exercised proper jurisdiction because the alleged actions by the employer constituted a "continuing violation." Read More...

Fake Doctor's Excuses And A Whole Lot More

October 01, 2008

This probably will not come as a surprise to many of you, but it is now possible to get fake doctors excuses on the internet. A quick web search turned up at least seven sites that offer fake doctor's notes for employees and students in the United States. Some of these websites offer a whole lot more. Read More...

In Case You Have Not Heard

October 01, 2008

At Downes, Hurst & Fishel, LLP, we help clients prevent, minimize and solve conflicts by taking a proactive approach. Read More...

Ohio Supreme Court Reaffirms Immunity for Public Officials

October 01, 2008

Two cases that were recently decided by the Ohio Supreme Court that re-affirm a county children's services agency's statutory immunity in cases when a child is harmed after the agency has become involved. Read More...

Police Handcuffed By Sick Leave Policy

October 01, 2008

A recent injunction issued by the United States District Court for the Southern District of Ohio serves as a reminder to employers of the critical importance of well crafted polices that avoid overly broad mandates. In the case of Lisa Lee et al. v. City of Columbus, Ohio et al., Case No. 2:07-cv-1230 (Opinion & Order June 24, 2008). The City of Columbus Police Department was enjoined from enforcing its sick leave policy as to Plaintiffs. However, the Court recently certified this matter as a class action; thus the injunction will, most likely, be expanded. Read More...

Status Of Residency Statute

October 01, 2008

Ohio Revised Code §9.481 was enacted by the Ohio General Assembly and took effect on May 1, 2006. The statute specifically prohibits any political subdivision from requiring its employees to reside in any area of the state. The only exception is that those employees who are required to respond in the event of an emergency or disaster may be required to reside within the county in which the political subdivision is located or in any adjacent county. Read More...

Supreme Court Eliminates 'Class of One' Theory

October 01, 2008

Supreme Court Eliminates "Class Of One" Theory In Public Sector Employment Cases Read More...

Court Finds that Concilator Exceeded his Authority in Awarding a Specific Health Insurance Plan

January 01, 2009

The Licking County Court of Common Pleas recently issued a decision that will impact the issue of health insurance in collective bargaining for Counties. The case, involving the Licking County Sheriff’s Office and the Teamsters, addressed the interpretation of O.R.C. §305.171(A). The Court granted the County’s motion to vacate the Conciliator’s award with respect to health insurance. The Court specifically found that the Conciliator exceeded his authority by awarding a health insurance plan that was not acceptable to the Commissioners. Licking County Sheriff’s Office v. Teamsters local Union No. 284, Case no. 08-cv-01461 (Licking County, 11/17/08). Read More...

Downes Named "Super Lawyer" Ellsworth Named "2009 Rising Star"

January 01, 2009

Granville resident Jonathan J. Downes, of Downes, Hurst & Fishel was recently named a "Super Lawyer" in the Labor and Employment practice area in the publication, Ohio Super Lawyers 2009, a recognition he has held since 2004. Read More...

Duty to Bargain

January 01, 2009

Recently, the State Employment Relations Board ("SERB") addressed the issue of whether an employer engages in bad-faith bargaining by unilaterally eliminating health insurance benefits of union employees where no collective bargaining agreement ("CBA") is in effect and the Union has sought redress in court. In re SERB v. City of Cleveland, Case No. 2007-ULP-050214. SERB found that the City of Cleveland did not commit such an unfair labor practice when it unilaterally eliminatedhealth insurance benefits as the Union had abandoned the collective bargaining process. Id. Read More...

Ensuring I-9 Compliance

January 01, 2009

The I-9 form is the Employment Eligibility Verification Form required by the Immigration and Naturalization Services (INS) to verify an employee's identity and eligibility to work. All employees must complete this form and provide original identifications to their employers. The I-9 was revised on December 6, 2007. Employees hired after this date should have completed the new, revised I-9 form (which contains a "revision date" on the form itself) If employees did not sign the new form I-9, employers should have them do it now and include a cover letter explaining that this was done as part of an internal audit in order to comply with the I-9 requirements. Be sure to staple the old form I-9 to the new, signed form I-9 and cover letter. Read More...

FMLA Changes Are Here!

January 01, 2009

In 2008, President Bush signed into law the National Defense Authorization Act (“NDAA”) which amended the Family and Medical Leave Act (“FMLA”) as it relates to military family leave. The NDAA mandates that employees may use up to 26 weeks of FMLA leave during a twelve month period in order to care for a next of kin who is a military service member suffering from a “serious illness” received in the line of duty. It also provides the FMLA’s standard 12 weeks of leave during a twelve month period for a “qualifying exigency” related to an immediate family member’s call to active duty in the military. The NDAA charged the Department of Labor (“DOL”) with defining “qualifying exigency” through the DOL’s power to regulate under the FMLA. Read More...

New Term in Elected Office; Time to Designate Your Unclassified Positions

January 01, 2009

Newly elected and re-elected state and county office holders have a 60 calendar day window from the date they take office to designate clerical and administrative support positions that would otherwise be in the classified service as unclassified positions. (Employees in unclassified positions do not have civil service protections and serve at the pleasure of the appointing authority.) The number of positions the elected official can designate varies somewhat, but an individually elected county official, other than a county commissioner, can designate four clerical and administrative support personnel. The Board of County Commissioners can designate up to four positions and each individual commissioner can designate an additional position, for a total of seven such positions under the County Commissioners. Read More...

Ohio Prohibits Employment Discrimination on the Basis of “Military Status”

January 01, 2009

On December 20, 2007, H.B. 372 was signed into law by Governor Strickland. The law became effective March 18, 2008 and afds “military status” to the list of protected classes under Ohio’s discrimination law, Chapter 4112 of the Ohio Revised Code. Read More...

Start Planning for GINA Compliance

January 01, 2009

The Federal Genetic Information Non- Discrimination Act ("GINA") was passed in May 2008. The law becomes "effective" on November 21, 2009. GINA applies to employers with 15 or more employees, including employment agencies, labor organizations, and insurance carriers. The law makes it unlawful to discriminate against persons based upon "genetic information" which suggests a predisposition to chronic diseases. Read More...

Welcome Aboard

January 01, 2009

Downes, Hurst and Fishel, LLP, would like to announce the addition of two new employees, Cassie Ponder who has joined our team of legal secretaries, and Daniel Lynch as our newest law clerk.

Facta Red Alert

August 07, 2009

By November 1, 2009, covered entities must be in compliance with the “Red Flags” Rule established by an amendment to the Fair and Accurate Credit Transactions Act of 2003 (“FACTA”). The rule mandates that covered entities develop programs which identify and respond to suspicious patterns or activities signaling identity theft. Who is a covered entity? Covered entities are financial institutions and creditors with covered accounts. “Creditors with covered accounts” included in this definition are nonprofit and government entities that defer payment for goods or services because these Read More...

Hot Corner: Important Issues To Know --- Cobra Subsidy Payment Refunds

August 07, 2009

Pursuant to the 2009 Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) Amendments, employers must follow specific procedures in order to receive credit or reimbursement for subsidy payments made to an employee after an involuntary termination. Prior to the 2009 Amendments, an eligible employee was required to pay the entire cost of continuing his/her health insurance coverage. Now the eligible employee is responsible for paying the initial 35%, the remaining 65% is paid by the employer for 9 months of the employee’s eligible period for COBRA benefits. The Employer will be reimbursed for its share of the cost by reporting its subsidy payments to the Internal Revenue Service. More specifically: (1) Employers will be able to reduce Read More...

Legislation Passed To Allow County Furlough Days

August 07, 2009

House Bill (“HB”) 1 signed on July 17, 2009, grants county appointing authorities the ability to establish mandatory cost savings programs for the state fiscal years 2010 and 2011 for county exempt employees. These cost savings programs include mandatory furlough days called “cost savings days.” A “county exempt employee” is a permanent fulltime or permanent part-time county employee who is not subject to a collective bargaining agreement.   Similar to their state counterparts, county appointing authorities have the final Read More...

Oral Testing For Promotions – Affirmative

August 07, 2009

Recently, an arbitrator affirmed an employer’s use of oral testing for promotion purposes. Clark County Sheriff’s Office and Fraternal Order of Police, Ohio Labor Council, Inc., FMCS no. 080709-03833-8 (Arbitrator Dissen, June 1, 2009). Essential to the Arbitrator’s holding was the fact that the Union failed to demonstrate that the procedure was “inherently unfair or unreasonable or that it is so poorly designed that it will produce arbitrary, capricious, or irrational results.” As oral testing can provide insight into a candidate’s ability to analyze and process information, it can be a valuable assessment tool for employers. Read More...

Order Of Layoff In Sheriff’s Office Declared Proper

August 07, 2009

Recently an arbitrator upheld the order in which employees were laid off within their classification as selected by the Sheriff. Allen County Sheriff’s Office and FOP, Labor Council, Inc., FMCS 09-01894 (Smith, July 14, 2009).   The issue before Arbitrator Smith was whether the order of layoff set forth in the Agreement (i.e. temporary, part-time, probationary, fulltime) applied within each classification or across the entire Sheriff’s Office. The Agreement specifically provided that when a layoff is necessary the layoff “shall be initially by classification” in accordance with each employee’s classification seniority. Due to lack of funds, the Sheriff took Read More...

Public Employer Eyes Are Watching You

August 07, 2009

The increasing popularity of “Web 2.0” technology among mainstream Americans has increased liabilities facing employers. “Web 2.0” technology is roughly defined as the “second generation of internet development” which is characterized by advancements in communication, information sharing, and user development. Instead of companies and web developers controlling the content of the websites, the user controls the content. This user-control has led to the development of blogs, social networking websites, and “virtual worlds.” From an employment context, this is an extremely dangerous development because of how easy it is for employees to upload information under a cloak of anonymity. Employers run the risk of having their employees Read More...

Public Records Update: Databases, Investigations And Disclosure

August 07, 2009

Recent Ohio case law indicates that Ohio courts are limiting access to public records, perhaps in an effort to protect public offices from the potential damage of allowing unrestricted access to databases and internal investigation reports. In State v. Rivas, the Ohio Supreme Court held that a printed transcript accurately reflects the contents of a database, and therefore satisfies a criminal defendant’s discovery request for documents and tangible evidence which are material to the preparation of his defense. (See State v. Rivas (2009), 2009 Ohio 1354). Read More...

The First Amendment: Employers Strike Back! State Trooper In The KKK: Not Okay.

August 07, 2009

A Nebraska Appeals Court recently upheld the termination of a Nebraska State Trooper for being a member of the Knights Party, a Ku Klux Klan-affiliated organization. See Nebraska State Patrol v. Robert Henderson and the State Law Enforcement Bargaining Council, 762 NW 2d 1 (Neb. 2009). The decision affirms the vacating of the Arbitrator’s Award that had found the State Patrol lacked “just cause” in terminating the trooper. The trooper was terminated after an internal investigation revealed his KKK activities, including participation in online discussions on the organization’s website. Read More...

Title VII Retaliation Provision Protects All Who “Oppose”

August 07, 2009

Following the U.S. Supreme Court’s decision in Crawford v. Metro. Gov’t of Nashville & Davidson County, employees who participate in a workplace discrimination investigation, are now protected by the anti-retaliation provisions of Title VII. Crawford v. Metro. Gov’t of Nashville & Davidson County, 129 S. Ct. 846 (2009). Prior to the Court’s decision, only employees who instigated an investigation were protected. Vicky Crawford, along with two other females, was terminated by her Human Resources Director soon after being interviewed regarding allegations of sexual harassment against the same Director. Following her termination Read More...

We Will Be There…

August 07, 2009

Downes Fishel Hass Kim LLP will be presenting at the Ohio Council for County Officials’ House Bill 1 Seminar on August 21, 2009. This Seminar is free, however, it is limited to County Elected Officials, Staff and related County Agencies that fall under the umbrella of the office of the County Commissioner. If you desire more information regarding this seminar, please contact Amanda Jones at (614) 220-7985. Read More...

July Newsletter Update - Reimbursement for COBRA Subsidy Payments

August 11, 2009

Downes Fishel Hass Kim LLP would like to make the following clarification to its recent July Newsletter. With respect to reimbursement for COBRA subsidy payments, public employers are reimbursed in the same manner as private employers. An employer is entitled to subtract its COBRA subsidy payments (65% of total cost for COBRA coverage) from the amount of income and other taxes it withholds on behalf of its employees. Internal Revenue Service Form 941 has been adjusted to add lines for these COBRA subsidy payments. If you have any questions regarding this change, please do not hesitate to contact our Office. Read More...

Construction Corner: Ohio Supreme Court Issues Two Prevailing Wage Opinions

November 03, 2009

Within a span of seventeen days the Ohio Supreme who worked off-site at Gene’s metal Court issued two rulings pertaining to Ohio’s fabrication plant who claimed to be paid less Prevailing Wage Law. First, the Court held that than the prevailing wage. The Union filed a Union’s written authorization to represent one suit as an interested party on behalf of the contractor employee did not confer interested one employee it represented and all party status on any other contractor employee and employees at the work site. The Court denied that employees working offsite are not entitled the Union’s claim holding that it was only an to prevailing wage. Sheet Metal Workers’ Inter. Assoc. v. Gene’s Refrigeration Heating and Air Cond., 122 Ohio St. 3d 248 (2009). Second, Ohio’s Prevailing Wage Law is triggered when public funds are spent to construct a public improvement which must be constructed by a public authority or benefit a public authority. Northwestern Ohio Building and Const. Trade Counc Read More...

Denial of Paid Leave to Testify Declared Proper

November 03, 2009

Recently, an arbitrator upheld the denial of an employee’s request for paid court leave for time spent testifying as a witness in a non-work related civil case of a co-worker. Lawrence County Department of Job and Family Services and Ohio Council 8 AFSCME, AFL-CIO Local 3319, FMCS 09-01800 (Goldberg, September 17, 2009). The issue before Arbitrator Goldberg was whether Grievant should be paid for time spent in court as a witness pursuant to a subpoena in a non-work related civil case involving a co-worker. The collective bargaining agreement provided that employees are to be paid for time spent as a witness subpoenaed to testify in an action which “is not of a personal nature.” The disputed contract language came into existence in the first contract between the parties and has never been altered. During this time, six (6) employees filed grievances over being denied paid court leave. All of the grievances were settled. Only one of the six received paid court leave as a p Read More...

Furlough Follow-Up

November 03, 2009

Our July newsletter contained an article regarding the recently enacted State Budget Bill, House Bill (“HB”), 1 signed on July 17, 2009. The focus of that article was the mandatory cost savings program permitting counties to implement mandatory furlough days referred to as “cost savings days” (“CSDs”) for all employees not subject to a collective bargaining agreement. This article discusses some of the variations in which CSDs may be implemented. A county appointing authority has significant flexibility in how it implements the mandatory CSDs. The decision is solely within the discretion of the appointing authority based on legitimate operational considerations. Since there is flexibility in how this program is implemented, each appointing authority should review its own particular needs as it determines how to proceed. The following are some variations concerning the ways in which the program may be implemented: Appointing authorities can implement the co Read More...

H1N1: Are You Prepared For The Year Of The Pig?

November 03, 2009

The mainstream media is continually announcing that the H1N1 flu is here. H1N1, commonly referred to as “swine flu,” is a new influenza. According to the Center for Disease Control (“CDC”) this new virus was first detected in people in the United States in April 2009. Since that time the swine flu On your mark... has spread significantly. Get set...Go! With flu season nearly upon us, now is the time for Employers to take preventative measures to lessen the potential impact on their business and to have a plan in place in the event the swine flu infiltrates their workplace. The CDC recommends that you take the following steps to lessen your chances of contracting swine flu: Cover your nose and mouth with a tissue when you cough or sneeze. Throw tissues in the trash after you use it. Wash your hands often with soap and water. If soap and water are not available, use an alcohol-based hand rub. Avoid touching your eyes, nose or mo Read More...

Health Insurance Showdown: Fifth District Confirms that Union Cannot Usurp Board of County Commissioner’s Right to Contract for Healthcare

November 03, 2009

The Fifth Appellate District recently vacated a conciliation award that required a Sheriff’s Office to add another health care insurance carrier to provide employees with the option of choosing a county plan or an alternate plan proposed by the Union. Licking County Sheriff’s Office v. Teamsters Local Union No. 637 (Sept. 10, 2009), Licking App. No. 2008CA00152, unreported. The issue that prompted the conciliation was a disagreement on health insurance plans for Sheriff’s Office employees. The Licking County Sheriff’s Office and the Teamsters were parties to collective bargaining agreements. During contract negotiations the parties were unable to reach an agreement on the issue of health insurance plans. The Union sought to replace the current county plan with a plan known as the Michigan Conference of Teamsters Welfare Fund. Ultimately, the parties proceeded to conciliation to resolve the health insurance issue. The conciliator adopted the Union’s proposal giving the em Read More...

May we have your attention, please...

November 03, 2009

Downes Fishel Hass Kim LLP is proud to announce the addition of Edmund F. Brown as an associate to our firm. Edmund received his law degree from the University of Pittsburgh School of Law, and his Bachelor of Arts in Journalism from The Ohio State University, where he was a member of OSU’s Big Ten and Sugar Bowl Champion football team in 1998. Prior to joining the firm, Edmund served as a staff attorney for both the Ohio School Boards Association and the Ohio Legislative Service Commission, as well as Solicitor for the Village of Saint Paris, Ohio. Edmund is also certified as a National Football League Players Association (NFLPA) contract advisor. Read More...

Political Subdivision Immunity: Third District Confirms that “Operation of a Motor Vehicle” Does Not Include Supervision of Passengers

November 03, 2009

On September 28, 2009, the Third Appellate District overturned a trial court decision that refused to dismiss a case against a County Board of Developmental Disabilities under Ohio’s political subdivision tort immunity statute, R.C. 2744 et seq. See Miller v. Van Wert County Board of MRDD et al., case no. 15-08-11. Generally, political subdivisions are immune from claims of negligence subject to a few exceptions. One such exception is when an employee of a political subdivision negligently operates a motor vehicle. The issue in Miller was whether a bus driver’s failure to remove a developmentally disabled student from a parked school bus for five (5) hours constituted “negligent operation of a motor vehicle” and therefore an exception to the County’s statutory immunity from tort liability. The trial court held that plaintiffs may be able to establish a claim for relief under the facts of the case. Relying on the Ohio Supreme Court’s recent decision in Doe v. Marington Lo Read More...

To Disclose or Not Disclose

November 03, 2009

The Ohio Supreme Court recently upheld an appellate court decision to compel a Judge to disclose a doctor’s summary assessment and to award attorney’s fees. Additionally, the Court reversed the appellate court’s denial of the award of attorney’s fees for preparing and responding to the Judge’s Motion to Vacate. State ex rel. Miller v. Brady, Slip Opinion No. 2009 Ohio 4942. In May 2008, a consultation summary assessment of Rosanna Miller’s father was filed in a guardianship case in the Logan County Probate Court. On the same day, Judge Michael Brady ordered that the assessment could not be copied or released and that it could only be reviewed in the presence of court officers. Miller made a public records request for copies of the assessment which Judge Brady effectively rejected by failing to respond within a reasonable time. Miller filed suit seeking a Writ of Mandamus to compel Judge Brady to make the assessment available for inspection under the Public Records Act, R Read More...

Uninsurable = Unemployed

November 03, 2009

An Arbitrator recently upheld the discharge of an employee who became uninsurable after refusing a breathalyzer test when he was pulled over for driving under the influence. City of Wadsworth and Mizen, (Howard D. Silver, July 27, 2009). Grievant was a Power Line Crew Leader with the City of Wadsworth. The Power Line Crew Leader position required insurability under the City’s insurance plan and possession of a valid commercial driver’s license (“CDL”). Grievant was arrested off-duty for driving under the influence. At the time of arrest, Grievant refused to submit to a breathalyzer test. This refusal resulted in a one year automatic license suspension (“ALS”) and the suspension of the Grievant’s CDL. The City ultimately discharged the employee for failure to maintain insurability as required by the City’s insurance policy and the collective bargaining agreement. The Arbitrator found that the employee was discharged for just cause consistent with the parties’ collective b Read More...

COBRA Premium Assistance Extended

January 26, 2010

On December 21, President Obama signed the 2010 Defense Appropriations Act, which extends the eligibility period for COBRA premium assistance for an additional two months and the maximum period for receiving the subsidy for an additional six months.  Read More...

FMLA Military Leave Extended

January 26, 2010

On October 28, 2009, President Obama signed into law the National Defense Authorization Act (“NDAA”) of 2010.  This NDAA amended the FMLA by expanding both qualifying exigency leave for military families and covered servicemember leave for members of the military, as well as providing leave for pre-existing conditions aggravated in the line of duty.  Read More...

Get Out Your Wallets!! Costly Penalty for Incorrect or Missing I-9 Forms for New Year

January 26, 2010

President Obama has increased the funding to Immigration Control and Enforcement, which means that ICE will be conducting more audits to ensure that employers have current I-9 forms for all employees.  An I-9 form ensures that an employee is authorized to work in the United States and it must be filled out by each employer for every employee.  Read More...

H1N1 Update: New Guidance From DOL & EEOC

January 26, 2010

On October 24, 2009, President Obama signed a proclamation declaring the 2009 H1N1 influenza pandemic a “national emergency.”  More locally, the CDC reports influenza activity levels across the State of Ohio as “widespread.”  In light of the continuing severity of H1N1 and its affects on employment, the Federal Department of  Labor (“DOL”) and the Equal Employment Opportunity Commission (“EEOC”) have recently released guidelines to assist employers in dealing with the swine flu.  Read More...

Many Clerk of Courts Employees No Longer Exempt From Collective Bargaining

January 26, 2010

A recent State Employment Relations Board (“SERB”) ruling greatly narrows the scope of the exception that exempts clerk of courts employees from collective bargaining.  Teamsters Local Union No. 348 and Clerk of Courts, Stow Municipal Court District (Ct. 29, 2009), SERB Case No. 2008-REP-03-0047.  Chapter 4117 of the Ohio Revised Code provides that all “public employees” are entitled to representation for collective bargaining purposes.  There are several exceptions to that rule.  One exception in the Act excludes “employees of the clerk of courts who perform a judicial function.”   Read More...

More Technology, More Problems

January 26, 2010

The popularity of online forms of speech, such as blogs and message boards, is increasing.  On occasion, an employee’s posting of a comment or information on an online forum has led to discipline or termination for breach of the employer’s expected standard of conduct. Read More...

New ADA Regulations In the Works

January 26, 2010

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Note from SPBR to Elected Officials: No Means No

January 26, 2010

Under Ohio Revised Code Section 124.11(A)(8), elected officials, and certain other public officers, boards and commissions, are permitted to exempt up to four clerical and administrative support employees from the classified civil service.  Classified employees are entitled to certain job protections but unclassified employees serve at the pleasure of the employer. Read More...

Ohio Supreme Court to Rule on Controversial Maternity Leave

January 26, 2010

In DFHK’s April 20, 2009 newsletter, the Ohio Court of Appeals’ recent decision in Nursing Care Management of America, Inc. v. Ohio Civil Rights Commission 181 Ohio App.3d 632, 2009-Ohio-1107 (5th Dist. 2009) was discussed.  In that case, the Court of Appeals concluded that a company engaged in unlawful pregnancy discrimination when it terminated a pregnant employee during her probationary period.    Read More...

Reminder - Update Department of Labor Posters!

January 26, 2010

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By Changing Your Health Insurance Benefits, Are You Committing an Unfair Labor Practice?

April 28, 2010

The State Employment Relations Board issued a ruling in the case of SERB v. City of Reynoldsburg that may grant employers more flexibility when making certain changes to health insurance benefits.  The SERB decision also contains some significant language concerning health insurance coverage that may be useful in fact-finding and conciliation.  SERB v. City of Reynoldsburg, SERB no. 2010-003 (2010) Read More...

Construction Corner: Ohio Supreme Court Holds that Employer's Penalties for Violation of Ohio Prevailing Wage Law are Mandatory

April 28, 2010

On March 2, 2010, the Ohio Supreme Court ruled that when a court finds that a contractor failed to pay workers the prevailing wage on a public improvement project, the contractor must pay not only the amount of the plaintiffs’ underpaid wages, but also the penalties set forth in R.C. § 4115.10(A), unless the violation falls under one of two exceptions set forth in R.C. § 4115.13(C). Bergman v. Monarch Constr. Co., Slip Opinion No. 2010-Ohio-622.  Read More...

Effect of Healthcare Reform on Employers

April 28, 2010

Amid the controversy of healthcare reform, many employers are asking themselves, “What does healthcare reform mean to me?  Will I be required to provide health coverage for my employees?  How will this affect my bottom line?”  The recent reform impacts employers in important ways.  Many of the provisions in the Acts affect employers differently based upon their size.  Here is a summary of many of the ways in which healthcare reform could impact you:  Read More...

Ohio Attorney General Issues Opinion on County Correctional Facilities Housing Out-of-State Prisoners

April 28, 2010

On February 9th, the Ohio Attorney General (OAG) issued Opinion 2010-04, at the request of the Butler County Prosecuting Attorney, addressing whether Ohio Revised Code § 9.07 authorizes a board of county commissioners to contract with an out-of-state jurisdiction to house out-of-state prisoners in a county correctional facility and, if so, whether R.C. § § 341.21 limits the types of out-of-state prisoners that may be housed in a county correctional facility. Read More...

Supreme Court Finds State's Use of a Garrity Statement Before Grand Jury or During Trial Preparation is Improper

April 28, 2010

On March 3, 2010, the Ohio Supreme Court ruled that, under the U.S. Supreme Court’s decisions in Garrity v. New Jersey and Kastigar v. United States, when a public employer compels an employee under threat of firing to make a statement in an administrative proceeding: * the state may not make any direct or derivative use of the employee’s statement in a criminal proceeding against the employee; * the state makes derivative use of the employee’s statement when it presents to a grand jury testimony from a witness to the statement and when the prosecutor reviews the employee’s statement in preparation for trial; and * when the state fails to prove that it did not make any use of the employee’s statement in obtaining an indictment, the indictment must be dismissed. Read More...

Unbalanced Conciliation Award Fuels Economic Crisis

April 28, 2010

Some conciliators are continuing to force public employers to foot the bill for hefty wage increases, despite the debilitating economic conditions that most counties in Ohio are facing.  In Ohio Patrolmen’s Benevolent Association v. Wayne County Sheriff, a SERB conciliator recently adopted the union’s proposal and awarded a unit of sergeants, deputies, and lieutenants a 3.5% wage increase over three years, a longevity pay increase, and an increase in the wage differential for sergeants.  The conciliator relied on the fact that the sheriff’s office did not demonstrate the lack of ability to finance the union’s demands.  Read More...

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Ohio Government Finance Officers Association

September 15, 2010

Jonathan J. Downes has been invited to present at the Ohio Government Finance Officers Association’s 2010 Annual Conference.  Jonathan will be presenting on September 15, 2010, at 11:15 a.m. on Current Trends in Collective Bargaining.  The conference is being held from September 15 - 17, 2010, at the Hilton Columbus at Easton. Read More...

Columbus Unemployment Insurance Seminar

September 29, 2010

Downes Fishel Hass Kim LLP would like to announce that Jonathan J. Downes will be speaking at the Columbus Unemployment Insurance Seminar, sponsored by Lorman Education Services.  Jonathan will be presenting on September 29, 2010.  Please check back for updated information as the seminar date approaches. Read More...

Lorman Education Services

September 29, 2010

Lorman Education Services has invited Jonathan J. Downes to present on the topic of “Overview to Ohio Unemployment Law Eligibility of Benefits” on September 29, 2010.  Location of the seminar will be the Holiday Inn Hotel Suites, Columbus Airport.  Suggested participants of this seminar are H.R. professionals, business owners, payroll professionals and attorneys. Read More...

Ohio Prosecuting Attorneys Association

December 02, 2010

Jonathan J. Downes will be presenting on the topic of Collective Bargaining Updates and Unfair Labor Practice at the Ohio Prosecuting Attorneys Association Annual Meeting, on December 2 and 3, 2010.  This presentation will be held at the Hyatt on Capitol Square, Columbus, Ohio. Read More...

Sterling Education Services Inc.

December 07, 2010

Termination Best Practices will be the topic discussed by Cheri B. Hass at a seminar sponsored by Sterling Education Services Inc.  This presentation will take place December 7th, 2010, in Columbus, Ohio.  An impressive team of attorneys who specialize in all aspects of labor and employment law at both the state and federal level will be presenting on issues “beyond the basics” including Health Care Reform and wage and hour classification crack down.  For registration information, visit sterlingeducation.com. Read More...