The issue of the proper application of the highly compensated employee exemption under the Fair Labor Standards Act (FLSA), as it applies to employees paid on a “day-rate” basis in the oil and gas industry, has been a hotly debated issue in recent years, especially in the Fifth Circuit Court of Appeals.
On August 17, 2021, the Sixth Circuit Court of Appeals became the first federal appellate court to expressly rule on the application of the Supreme Court of the United States’ decision in Bristol-Myers Squibb Co. v. Superior Court of California to Fair Labor Standards Act (FLSA) collective actions.
Twenty-two of 27 Republican-led states have announced that they will end enhanced federal COVID-19 unemployment benefits early. Of those, four (Arizona, Montana, New Hampshire, and Oklahoma) will offer additional monetary incentives for individuals to return to work. To date, no state with a Democratic governor has chosen to opt out of the COVID-19–related enhanced federal unemployment programs.
On April 5, 2021, Director of Ohio’s Department of Health (ODH), Stephanie McCloud, issued two new orders, including a consolidated Director’s Order for Social Distancing, Facial Coverings and Non-Congregating and a Director’s Order Rescinding Various Orders. The orders went into effect on April 5, 2021, and the Order for Social Distancing, Facial Coverings and Non-Congregating will remain in force until the ODH modifies or rescinds it.
In Knaup v. Molina Healthcare of Ohio, Inc., (No. 2:19-cv-166) the United States District Court for the Southern District of Ohio addressed whether an employee had received an extension of time for submitting medical certification in support of her Family and Medical Leave Act (FMLA) request and whether the employer had discharged her for both failing to provide such documentation and in retaliation for the initial leave request.
Over 1,500 COVID-19–related employment lawsuits were filed in the United States in 2020. Ogletree Deakins’ Interactive COVID-19 Litigation Tracker highlights the industries impacted, locations, and types of claims in these matters.
The U.S. Court of Appeals for the Sixth Circuit, the appellate court responsible for the federal district courts of Michigan, Ohio, Kentucky, and Tennessee, recently made clear that claims asserted under the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) cannot be subject to contractually shortened limitation periods.
On January 12, 2021, Governor Mike DeWine signed into law House Bill (H.B.) 352, which makes significant and sweeping changes to how employment discrimination claims will be handled in the State of Ohio. H.B. 352 amends pertinent sections of Ohio Revised Code 4112, which contains Ohio’s employment discrimination laws, in the following ways.
Several states’ minimum wage rates will increase in 2021. The following chart lists the state (and certain major locality) minimum wage increases for 2021—and future years, if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees.
On November 13, 2020, Ohio Governor Mike DeWine and Interim Director of the Ohio Department of Health Lance Himes issued a new director’s order enhancing face covering requirements for Ohio retailers, adding mandatory oversight obligations for employers, and providing greater enforcement power for local health departments and law enforcement.
Elections in the United States are scheduled for Tuesday, November 3, 2020. Not only will the office of president of the United States be contested, but all 435 seats in the U.S. House of Representatives and 35 of the 100 seats in the U.S. Senate are up for grabs. At the state level, elections will be held for the governorships of 11 U.S. states and 2 U.S. territories.
On September 14, 2020, Governor Mike DeWine signed House Bill (H.B.) 606 into law, providing employers with legal protections when it comes to their efforts to stem the spread of COVID-19 and making Ohio one of a growing number of states granting similar civil immunity. According to Governor DeWine, the new law accomplishes the dual goals of keeping people safe and rebuilding the state’s economy.
Ohio employers will likely soon enjoy greater legal protections when it comes to their efforts to stem the spread of COVID-19. Acknowledging the legal uncertainties faced by essential workers and businesses in the wake of reopening, the Ohio Senate on September 2, 2020, passed House Bill (H.B.) 606, a measure which, if signed into law (and it is expected that Governor Mike DeWine will sign the bill very quickly), would grant state-law immunity from civil lawsuits for “injury, death, or loss” related to “the transmission or contraction” of the novel coronavirus.
On August 19, 2020, in Marquardt v. Carlton, et al., No. 19-4223, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment for the City of Cleveland on a former employee’s claim that the city had terminated his employment in retaliation for his exercising his rights under the First Amendment to the U.S. Constitution.
On May 29, 2020, Governor Mike DeWine and Ohio Department of Health Director Amy Acton issued the “Director’s Updated and Revised Order for Business Guidance and Social Distancing.” As expected, the new order extends many of the same requirements and guidelines previously in place through the (now expired) “Stay Safe Ohio” order, including requiring employees to wear face coverings except in limited circumstances, and sector-specific operating mandates. These requirements are now extended through July 1, 2020, with some notable changes and additions.
On May 14, 2020, Governor Mike DeWine announced an order to continue Ohio’s phased reopening of the state’s economy, adding daycare centers, summer camps, gyms, campgrounds, and pools to the list of businesses that may now reopen. Combined with the state’s prior Stay Safe Ohio and Responsible Restart Ohio orders, here is the most updated calendar for Ohio’s reopening
In Viet v. Copier Victor, Inc., No. 18-6191 (March 10, 2020), the U.S. Court of Appeals for the Sixth Circuit affirmed summary judgment for Copier Victor and its founder, Victor Le, on an employee’s overtime claims under the Fair Labor Standards Act (FLSA), finding the employee’s testimony regarding the number of hours he worked on a weekly basis too vague and conclusory to withstand summary judgment.
Following several other states, and at the direction of Ohio Governor Mike DeWine, Ohio Department of Health Director Dr. Amy Acton issued a shelter-in-place order for Ohio residents titled “Director’s Stay at Home Order.” The order went into effect on March 23, 2020, and will remain in place until 11:59 p.m. on April 6, 2020, unless rescinded or modified.
In Thomas v. Hyundai of Bedford, No. 108212 (January 23, 2020), the Eighth District Ohio Court of Appeals held that an arbitration clause in an employment contract was substantively and procedurally unconscionable because it sought to include as arbitrable all conceivable claims between the parties, even those outside the employment relationship. The Eighth District’s decision serves as a reminder of the benefits of well-tailored arbitration agreements.
On December 12, 2019, the United States Court of Appeals for the Sixth Circuit held that a sexual misconduct complainant’s fear of further contact with the respondent was not enough to support a claim against the university for deliberate indifference under Title IX of the Education Amendments of 1972.
In 2020, a number of states’ minimum wage rates will increase. The following chart lists the states’ (and certain major localities’) minimum wage increases for 2020—and future years if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees. The federal minimum wage will remain at $7.25 per
The Supreme Court of Ohio recently confirmed that public employees in their probationary periods are not entitled to the same protections with regard to employment termination that tenured civil servants enjoy.
On June 26, 2019, the Toledo City Council approved Ordinance 173-19, titled “Pay Equity Act to Prohibit the Inquiry and Use of Salary History in Hiring Practices in the City of Toledo.” The law prohibits employers from inquiring about or using an applicant’s salary history to screen job applicants, in deciding whether to offer employment, or in determining salary, benefits, or other compensation during the hiring process. The Toledo pay equity act also bans employers from refusing to hire or otherwise retaliating against a job applicant for failing to disclose his or her salary history.
Ohio may become the 17th state to allow individuals to carry concealed guns without a permit. Currently, in the state of Ohio, in order to obtain a concealed handgun license, which is valid for 5 years, an Ohio resident must submit an application to the county sheriff, pay an initial $67 fee (or $91 if the applicant has been an Ohio resident for less than 5 years), pass a federal background check, and complete the minimum educational requirements, including a total of 8 hours of training (at least 2 of which must be in-person training).
In a thinly veiled attempt to steal the spotlight from Cleveland, the new destination city for the National Football League, on March 13, 2019, the Cincinnati City Council passed Ordinance No. 83-2019, titled Prohibited Salary History Inquiry and Use, barring employers from inquiring about or relying on job applicants’ salary histories.
In the recently issued decision in McDaniel v. Wilkie, the U.S. District Court for the Northern District of Ohio considered whether telecommuting constitutes a reasonable accommodation under the Americans with Disabilities Act (ADA).
In 2019, a number of states’ minimum wage rates will increase.
Employees in Cuyahoga County, Ohio, now enjoy more expansive protections against discrimination than they do under Ohio and federal law.