So, how long does a self-insured employer have to file an action against a third party to recover the workers compensation benefits it paid to an employee injured by the third party? A recent Ohio Supreme Court case says the employer can wait up to 6 years! The Ohio Revised Code provides that if a […]
Statutory Subrogee’s Subrogation Claim Governed by Six Year Statute of Limitations Read More »
Charles D. Smith & Associates is pleased to announce that Charles D. Smith has been named to the Ohio Super Lawyers list by Ohio Super Lawyers magazine as one of the top attorneys in Ohio for 2012 in the area of employment litigation (defense). No more than 5 percent of the lawyers in the state
Charles Smith and Ryan Bonina Honored by Ohio Super Lawyers Magazine Read More »
On December 15, 2011, President Obama and Labor Secretary Hilda Solis announced that the Labor Department will soon issue a proposed rule that would limit the “companionship services” exemption under the Fair Labor Standards Act (“FLSA”). The proposed rule will likely be published within two weeks. The FLSA currently exempts workers who provide “companionship services”
Labor Department to Issue Proposed Rule Extending Protection to Home Care Workers Read More »
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 »