Employment Law

labor regulations

What Employees Should Know About California’s New Labor Regulations In 2019

Throughout 2018, California has continued to advance its sexual harassment and discrimination protections for those in the workplace. The new labor regulations, which aim to overhaul everything from the number of women in the boardroom to sexual harassment training, should be an example for the remainder of the United States to follow. Many of the regulations, which went into effect

Read More »
employment rights

Employment Rights Are Civil Rights

A recent movement referred to as the #MeToo Movement, which saw the viral social media spread of recognition of the prevalence of sexual harassment and assault in the entertainment industry where many high-profile and notable figures were identified, underscored the dangers that exists when those who are in higher positions of power take sexual advantage of others. The movement, however,

Read More »
Supporting Transgender Employees

Supporting Transgender Employees

The word transgender has been embroiled in controversy. When Bruce Jenner openly transitioned to Caitlyn Jenner, the public fervently debated whether or not she deserved the Arthur Ashe Courage Award at the 2015 ESPYs. Restroom hysteria erupted in 2016 when people argued over which bathroom a transgender individual should use. President Obama established framework that allowed transgender individuals to serve

Read More »
#MeToo

What Impact Can #MeToo Have on Sexual Harassment Litigation?

The recent surge of high-profile sexual harassment allegations, litigation and the #MeToo movement prompts the question, what impact the trend will have on sexual harassment lawsuits, what type of reforms the movement spur, and whether a backlash is coming? Possible Reforms The statute of limitations should be expanded for Title VII, the federal statute providing a cause of action for

Read More »
Political Activism And The Workplace

Political Activism And The Workplace

In the age of social media and viral videos, an employee’s involvement in protests or other forms of political expression is unlikely to escape the attention of his employer. What happens when politics and business collide? In this column, I will provide guidance to employees and employers alike. Mixing Work and Politics Employers have a legitimate interest in minimizing disruptions

Read More »
unemployment benefits

Unemployment Benefits

Managing unemployment benefits can be a very important tool for employers who are looking to manage their employment costs. Ohio employers who have at least one employee who has worked for them for 20 weeks are required to pay an unemployment tax. That tax is paid on the first $9,000 of every employee’s wages. The tax rate varies from employer

Read More »
applicant

Intent Key to Requesting Job Applicants’ Credentials

Minnesota law states that an employer cannot ask a job applicant “to furnish information that pertains to … age” unless a bonafide occupational qualification applies. Minn. Stat. § 363A.08, subd. 4(a)(1). Does this mean that asking for dates of education is prohibited because it “pertains to age?” The answer depends on whether the question is supported by a legitimate reason.

Read More »
ADA

The Americans with Disabilities Act – A Brief Primer

Earlier in our employment law series, we touched briefly on the Americans with Disabilities Act (ADA) and specifically looked at the employer’s compliance with the ADA in the context of interviewing and hiring. As we discussed, an employer must tread carefully when inquiring about potential disabilities during the hiring process. However, this article will focus on the ADA from the

Read More »
biases

Biased? Not Me!: Avoiding Unconscious Bias During the Hiring Process

In an ideal world, an employer would evaluate candidates based solely on objective, measurable criteria without consideration of any matter not related to job performance. In reality, many other factors come into play – including biases that the hiring manager is wholly unaware he or she harbors. Although these unconscious biases are unintentional, they are abundant in the workplace –

Read More »
employees

Negotiating Severance and Noncompete Agreements

I recently had the opportunity to speak to a group of small business owners about how to avoid common mistakes in dealing with employees, especially when it comes to termination. Although Ohio is an employment-at-will state, there are exceptions to this doctrine such as termination based on race, gender, disability or some other protected characteristic. An employer may also face

Read More »
labor regulations

What Employees Should Know About California’s New Labor Regulations In 2019

Throughout 2018, California has continued to advance its sexual harassment and discrimination protections for those in the workplace. The new labor regulations, which aim to overhaul everything from the number of women in the boardroom to sexual harassment training, should be an example for the remainder of the United States to follow. Many of the regulations, which went into effect

Read More »
employment rights

Employment Rights Are Civil Rights

A recent movement referred to as the #MeToo Movement, which saw the viral social media spread of recognition of the prevalence of sexual harassment and assault in the entertainment industry where many high-profile and notable figures were identified, underscored the dangers that exists when those who are in higher positions of power take sexual advantage of others. The movement, however,

Read More »
Supporting Transgender Employees

Supporting Transgender Employees

The word transgender has been embroiled in controversy. When Bruce Jenner openly transitioned to Caitlyn Jenner, the public fervently debated whether or not she deserved the Arthur Ashe Courage Award at the 2015 ESPYs. Restroom hysteria erupted in 2016 when people argued over which bathroom a transgender individual should use. President Obama established framework that allowed transgender individuals to serve

Read More »
#MeToo

What Impact Can #MeToo Have on Sexual Harassment Litigation?

The recent surge of high-profile sexual harassment allegations, litigation and the #MeToo movement prompts the question, what impact the trend will have on sexual harassment lawsuits, what type of reforms the movement spur, and whether a backlash is coming? Possible Reforms The statute of limitations should be expanded for Title VII, the federal statute providing a cause of action for

Read More »
Political Activism And The Workplace

Political Activism And The Workplace

In the age of social media and viral videos, an employee’s involvement in protests or other forms of political expression is unlikely to escape the attention of his employer. What happens when politics and business collide? In this column, I will provide guidance to employees and employers alike. Mixing Work and Politics Employers have a legitimate interest in minimizing disruptions

Read More »
unemployment benefits

Unemployment Benefits

Managing unemployment benefits can be a very important tool for employers who are looking to manage their employment costs. Ohio employers who have at least one employee who has worked for them for 20 weeks are required to pay an unemployment tax. That tax is paid on the first $9,000 of every employee’s wages. The tax rate varies from employer

Read More »
applicant

Intent Key to Requesting Job Applicants’ Credentials

Minnesota law states that an employer cannot ask a job applicant “to furnish information that pertains to … age” unless a bonafide occupational qualification applies. Minn. Stat. § 363A.08, subd. 4(a)(1). Does this mean that asking for dates of education is prohibited because it “pertains to age?” The answer depends on whether the question is supported by a legitimate reason.

Read More »
ADA

The Americans with Disabilities Act – A Brief Primer

Earlier in our employment law series, we touched briefly on the Americans with Disabilities Act (ADA) and specifically looked at the employer’s compliance with the ADA in the context of interviewing and hiring. As we discussed, an employer must tread carefully when inquiring about potential disabilities during the hiring process. However, this article will focus on the ADA from the

Read More »
biases

Biased? Not Me!: Avoiding Unconscious Bias During the Hiring Process

In an ideal world, an employer would evaluate candidates based solely on objective, measurable criteria without consideration of any matter not related to job performance. In reality, many other factors come into play – including biases that the hiring manager is wholly unaware he or she harbors. Although these unconscious biases are unintentional, they are abundant in the workplace –

Read More »
employees

Negotiating Severance and Noncompete Agreements

I recently had the opportunity to speak to a group of small business owners about how to avoid common mistakes in dealing with employees, especially when it comes to termination. Although Ohio is an employment-at-will state, there are exceptions to this doctrine such as termination based on race, gender, disability or some other protected characteristic. An employer may also face

Read More »

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