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A Sexual Harassment Hostile Work Environment Claim Does Not Require Evidence of Sexual Advances or Incidents with Clear Sexual Motivation

The Tenth District Court of Appeals has again confirmed that when evaluating claims of sexual harassment based upon allegations of a hostile work environment, the conduct of the defendants does not necessarily have to involve sexual advances, comments about the Plaintiff’s sex, or incidents with clear sexual motivation.  Camp v. Star Leasing Co., (Ohio App. 10 […]

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Ohio Supreme Court Holds that Employees’ Noncompete Agreements Transfer to Surviving Company after Merger

On October 11, 2012, the Ohio Supreme Court issued a reconsideration of its previous decision concerning employee noncompete agreements after merger.  Acordia of Ohio v. Fishel, 2012-Ohio-4648.  In its initial opinion, the Supreme Court affirmed the judgment of the Court of Appeals and concluded that language found in noncompete agreements precluded the successor company from enforcing

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Workers’ Compensation Claim is Not Compensable for Merely Pain Without Diagnosis of an Underlying Injury or Illness

n a unanimous decision, the Tenth District Court of Appeals again affirmed the current law in Ohio that symptoms alone, like pain, can not be recognized an allowable injury under Ohio’s workers’ compensation system.  Edney v. Life Ambulance Service, Inc. (September 20, 2012), No, 11AP-1090. In the Edney case, the claimant sought workers’ compensation benefits for chest

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Court of Appeals Finds Injury Sustained in Hotel Room Paid for by Employer Not Compensable Under Workers’ Compensation

On September 4, 2012, the Third District Court of Appeals found in favor of the employer and reversed an Industrial Commission decision allowing a workers’ compensation claim for an injury sustained during an overnight stay paid for and required by the employer.  Woodard v. Cassens Transport Co., 2012-Ohio-4015. Gregory Woodard was a car hauler for Cassens

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Ohio’s Ban on Texting While Driving Going into Effect on August 30, 2012

On June 1, 2012, Governor John Kasich signed a bill making Ohio the 39th state to prohibit texting while driving. The law, which is set to go into effect on August 30, 2012, makes texting with handheld devices a “secondary offense” for adult drivers.  This means that drivers can be ticketed for typing emails or text

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Ohio Supreme Court Confirms that Voluntary Abandonment/Retirement from the Labor Force Precludes Award of Future Temporary Total Disability Benefits

Temporary total disability benefits were designed to compensate an injured worker for the loss of earnings which he or she incurs while a workplace injury heals.  These benefits, however, were never intended to subsidize lost or diminished earnings attributable to lifestyle decisions.  As a result, if an employee permanently leaves the workforce for reasons unrelated

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A Single or Isolated Confrontation with an Employee, Even if Unjustified, Does Not Necessarily Lead to Liability for Employers

There are a number of different situations that can arise in the employment relationship where people can lose their composure.  In the heat of the moment, people can yell, act unreasonably, and even embarrass themselves.  This happens to managers and supervisors, as well as employees.  However, even if a manager or supervisor is unjustified in

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Ohio Court of Appeals Affirms Award of Temporary Total Disability to Retired Workers’ Compensation Claimant

wage replacement “when an injured worker’s retirement is injury induced.” Honda filed a mandamus action in the Court of Appeals, arguing that the Industrial Commission abused its discretion in awarding temporary total disability compensation to the claimant.  However, the magistrate found no abuse of discretion.  The magistrate emphasized that Honda did not contest the involuntariness

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Ohio Supreme Court Finds Workers’ Compensation Claimant’s Illegal Drug Sales Are “Remunerative Employment”

On March 29, 2012, the Supreme Court of Ohio ruled that a disabled police officer who engaged in the illegal sale of prescription medication while he was receiving workers’ compensation benefits engaged in “sustained remunerative employment” and must return benefits he collected.  State ex rel. McNea v. Indus. Comm., Slip Opinion No. 2012-Ohio-1296. Donald McNea was

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EEOC Issues Final Rule on Defense to Disparate Impact ADEA Claims

On March 30, 2012, the Equal Employment Opportunity Commission (EEOC) issued a final rule amending its regulations with respect to the Age Discrimination in Employment Act (ADEA).  The amendment was made to conform to two U.S. Supreme Court decisions that recognized ADEA disparate impact claims and put the burden on employers to prove a “reasonable

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