In the case of Dohme v. Eurand America, Inc. (2011), Ohio St.3d 168, the Ohio Supreme Court again emphasized what is required to establish a claim for wrongful discharge in violation of a public policy. In order to succeed on this type of claim a terminated employee must articulate a clear public policy that has been violated. […]
In a recent ruling by a federal district court in Tennessee, Cracker Barrel Old Country Store, Inc. was denied reimbursement under its employment practices liability insurance (“EPLI”) policy for a settlement it had reached in a lawsuit filed by the Equal Employment Opportunity Commission (”EEOC”). In the case of Cracker Barrel Old Country Store, Inc. v.
Beware: EPLI Policies Don’t Always Cover Claims Brought by the EEOC Read More »
With a carefully worded indemnification clause, the owner or general contractor on a construction project should be entitled to indemnification in a lawsuit brought by an employee of a subcontractor or vendor who is injured on the job. The U.S. Court of Appeals for the Sixth Circuit recently upheld an award of attorneys’ fees and
In the case of Gilbert v. Country Music Association, Inc., 112 Fep. Cases 1711, Case No. 09-6398 (August 2, 2011), the U.S. Court of Appeals for the Sixth Circuit affirmed a previous dismissal of a plaintiff’s claim for discrimination based upon his open homosexuality. The Plaintiff, Marty Gilbert, had acquired a job through his local union
This is a reminder that the Ohio minimum wage will increase from $7.40 per hour to $7.70 per hour effective January 1, 2012. Ohio’s minimum wage for tipped employees will increase from $3.70 per hour to $3.85 per hour. Ohio employers with annual gross receipts of $283,000 or more must pay the Ohio minimum wage.
Ohio Minimum Wage To Increase In 2012 Read More »
The National Labor Relations Board (NLRB) has announced that it will delay the implementation of its posting requirement rule until January 31, 2012. The NLRB came under significant political and legal pressure after announcing the new posting requirement, which was originally set to go into effect on November 14, 2011. The new rule required all
NLRB Posting Requirement Delayed Read More »
According to the Tenth District Court of Appeals, (Reichard v. R J. Wheels, Inc., 193 Ohio App.3d 334, 2011-Ohio-1597), in order for a claimant to prove a repetitive use type workers’ compensation injury the claimant must present evidence establishing repetitive use type activities or tasks on the job and medical evidence must then be presented
Employers that establish wellness programs and offer financial inducements for employees to participate could find themselves in trouble with the Equal Employment Opportunity Commission under both the Americans with Disabilities Act (ADA) and the Genetic Information Non-Discrimination Act (GINA). In a letter issued by the EEOC in June, it was noted that while Title I
Wellness Programs Could Be Unintended Traps For GINA and ADA Violations Read More »
In an appeal from the largest retaliatory discharge jury award in Ohio history (over $46 million), the Eighth District Court of Appeals of Ohio was asked to consider whether certain provisions of Ohio’s tort reform statutes should apply to limit the recovery. Luri v. Republic Services (Ohio App. 8 Dist. 2011), 193 Ohio App.3d 682. In Luri,
Ohio’s Tort Reform Provisions Apply to Retaliatory Discharge Actions Read More »
On September 6, 2011, The U.S. District Court for the Southern District of Ohio denied an employer’s motion for summary judgment in a sexual harassment case. Stayner v. Dep’t of Rehabilitation and Corrections, No. 2:09-CV-752. Rosa Stayner was a corrections officer at Ross Correctional Institute since 2002. In October of 2007, a coworker named Alfred Hughes
Ohio Court Rejects Employer’s “Ellerth Defense” in Sexual Harassment Case Read More »
On September 7, 2011, the Sixth Circuit Court of Appeals affirmed a Tennessee district court’s holding that an employer was justified in firing an employee for failing to report her injury, in violation of its policy. Geronimo v. Caterpillar Inc., No. 09-6401. Julie Geronimo had worked for Caterpillar for over seven years when she was transferred
Sixth Circuit Holds Employer May Fire Employee for Failing to Report Injury Read More »
The Ohio Supreme Court recently strengthened the defense of voluntary abandonment in the area of workers’ compensation temporary total disability benefits. State ex rel. Lackey v. Indus. Comm., 129 Ohio St. 3d 119. The Court ruled that if an injured worker voluntarily retires from his or her job, or abandons an existing job and never returns
Ohio Supreme Court Strengthens Voluntary Abandonment Defense Read More »