On April 16, 2024, in the case of Muldrow v. St. Louis, the United States Supreme Court unanimously ruled that Title VII of the Civil Rights Act of 1964 prohibits discriminatory job transfers, even if the transfer does not...more
4/26/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
Yesterday, the U.S. Department of Labor (DOL) released its final rule on the Fair Labor Standards Act, which raises the salary thresholds for the FLSA’s overtime exemptions. Under the FLSA, all employees of covered employers...more
In January 2023, the Federal Trade Commission (FTC) published a proposed rule that would invalidate existing non-competition agreements and prohibit employers from entering into new non-competition agreements, with very...more
Beginning on March 1, 2024, the City of Columbus will ban consideration of salary and wage history during the hiring process for all employers in the City with fifteen or more employees. In so doing, Columbus joins a growing...more
This week on the #HealthLawHotSpot, host Ericka Adler is joined by fellow Roetzel shareholder Karen Adinolfi for an important discussion on navigating the rise in political discussion, antisemitism, islamophobia and other...more
Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much.
Consistent with...more
11/9/2023
/ Adverse Employment Action ,
Decriminalization of Marijuana ,
Department of Transportation (DOT) ,
Drug Testing ,
Drug-Free Workplace Act ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Recreational Use ,
Wage and Hour ,
Zero Tolerance Policies
On Thursday, January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule that would invalidate existing non-competition agreements and prohibit employers from entering into new non-competition agreements,...more
In what is likely to be just the first of many court challenges to private employer COVID-19 vaccination requirements, a United States District Court judge in Kentucky refused to stop a hospital from requiring its employees...more
While as a general rule, employers can mandate the COVID vaccine, or any vaccine, as a condition of employment, there are many caveats to this rule that make this issue anything but simple. Host Ericka Adler, Roetzel...more
Upon taking office, President Biden issued an executive order directing the Occupational Safety and Health Administration (“OSHA”) to decide by March 15 whether an emergency temporary standard was needed relative to COVID-19,...more
Last summer, the United States Supreme Court issued its decision in Bostock v. Clayton County, Georgia, which held that the protected classification of “sex” under Title VII included sexual orientation and gender identity....more
Against the backdrop of the 2020 United States Supreme Court case of Bostock v. Clayton County, and with a Democratic president and majority in both houses of Congress, the Democratic majority in the House of Representatives...more
Shortly after his inauguration, President Biden directed the Occupational Safety and Health Administration (OSHA) to consider an Emergency Temporary Standard to address issues relative to the spread of the COVID-19 virus in...more
While one approach for employers wishing to have a widely COVID-vaccinated workforce is the provision of incentives to employees to get the vaccine, questions have arisen about how much of an incentive is too much so as to...more
On January 29, 2021, the Occupational Safety and Health Administration issued guidance stating employers should still require employees who have received the COVID-19 vaccine to continue to wear masks and follow other...more
Marty Walsh, two-term Mayor of Boston and nominated for Secretary of Labor by President Biden, has moved closer to a hearing on his confirmation in front of the Senate, having completed the initial vetting and administrative...more
President Biden has ordered the Occupational Safety and Health Administration (OSHA) as well as the Mine Safety and Health Administration to evaluate whether a need exists for emergency temporary standards that protect...more
On January 12, 2021, Ohio Governor Mike DeWine signed into law House Bill 352, which contains significant changes to Ohio Revised Code Chapter 4112, the home of Ohio’s Civil Rights Act inclusive of Ohio’s employment...more
On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) released guidance relative to the COVID-19 vaccine and an employer’s obligations with respect to the vaccine under the Americans with Disabilities Act...more
12/21/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
On Monday, July 20, 2020, the Department of Labor issued new guidance under the Families First Coronavirus Response Act (FFCRA) which covers to remote work and additional issues related to the COVID-19 pandemic. A summary...more
The United States Equal Employment Opportunity Commission has announced that it will push back to 2021 its annual collection of demographic data from private employers with 100 or more workers, the EEO-1 report. ...more
The Department of Labor (DOL) has issued yet more guidance to employers relative to issues raised by the COVID-19 pandemic. The latest round of guidance covers employer reporting of cases of COVID-19 and guidelines...more
Ohio-
Pursuant to Governor DeWine’s Executive Order, unemployment benefits are available to eligible individuals who are requested by a medical professional, local health authority, or employer to be isolated or quarantined...more
The Department of Labor recently issued an opinion letter with respect to a situation that does not fall into the “easily interpreted” category. Children receiving special education and related services are entitled under the...more
Employers subject to Title VII of the Civil Rights Act of 1964 and most state laws understand that they have an obligation to reasonably accommodate the religious beliefs of their employees, unless such accommodation...more