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Ohio lawmakers have introduced Senate Bill 396, a proposal that would create a statewide paid family and medical leave program for Ohio workers. The bipartisan bill would establish an insurance fund providing partial wage replacement benefits for employees, independent contractors, and business owners who take qualifying family or medical leave. If enacted, the proposal would significantly expand leave protections in Ohio beyond the unpaid leave currently available under the federal Family and Medical Leave Act (FMLA), creating new compliance considerations for Ohio employers.

Continue Reading Ohio paid family and medical leave bill would expand benefits beyond FMLA

Employers hoping the new administration would scale back scrutiny of employee non-compete agreements may need to reconsider. The Federal Trade Commission (FTC) continues to aggressively challenge non-compete agreements under Section 5 of the FTC Act, as shown by its recent consent order with Rollins, Inc., the parent company of Orkin, HomeTeam and Critter Control. The FTC alleges that broad non-compete agreements restrict employee mobility and suppress competition, particularly for non-executive workers. The Rollins case provides an important warning for employers that use non-compete agreements, restrictive covenants or post-employment restrictions and offers insight into how the FTC may continue enforcing federal non-compete rules despite ongoing legal challenges to a nationwide non-compete ban.

Continue Reading FTC cracks down on employee non-compete agreements: What employers need to know

Earlier today (Feb. 26, 2026), the Department of Labor (DOL)’s Wage and Hour Division unveiled a proposed rule outlining the framework for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). Notably, the proposed rule also encompasses the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Worker Protection Act (MSPA), which share the same statutory definition of “employ.”

Continue Reading Proposed rule signals shift in DOL’s approach to worker classification
nlrb-board-quorum

The National Labor Relations Board (NLRB), the entity responsible for deciding cases brought under the National Labor Relations Act and reviewing decisions by lower-level administrative law judges, has been without a quorum since the beginning of this year. The NLRB is a quasi-judicial body that can have up to five members but needs at least three to establish a quorum in order to issue new decisions and to overturn decisions and priorities established by the prior administration.   

Continue Reading The NLRB’s quorum likely to return

Last year, we reported on the Tenth District Court of Appeals’ decision limiting employers’ defenses to temporary total disability compensation following the termination of an employee. Recently, the Supreme Court of Ohio reversed the lower court decision and issued a decision favorable for Ohio employers. In State ex rel. AutoZone Stores, Inc. v. Indus. Comm., 2024-Ohio-5519, the Supreme Court clarified when employers may contest an employee’s request for temporary total disability compensation. 

Continue Reading Ohio Supreme Court clarifies employers’ defenses to temporary total disability compensation in workers’ compensation cases

Immigration reform will be a focal point of the new administration in the early days of Trump’s transition back to the White House with a likelihood that some changes initially will come by way of executive action. The practical implications of any immigration policy changes may begin to take shape in the early months of the new administration, but based on his past administration and campaign rhetoric, it is possible that some changes could be swift.

Continue Reading Immigration policy considerations for employers as we embark on a second Trump administration

Employers settling workers’ compensation claims with Medicare beneficiaries are required to take into consideration Medicare’s potential interest. Settling parties obtain a Medicare Set-Aside (MSA) report that designates a portion of the settlement to be set-aside for future medical treatment.  This process is to ensure that The Center for Medicare and Medicaid Services (CMS) is not paying for medical treatment that should have been covered by a workers’ compensation claim. 

Continue Reading Changes to Medicare set-aside reporting

What is a Labor Condition Application in the H-1B process?

An employer must file a certified Labor Condition Application (LCA) with an H-1B petition on behalf of employees who need an H-1B visa for employment. The LCA is certified by the Department of Labor (DOL) and imposes an obligation on the employer to pay the offered wage for the duration of the H-1B petition unless the obligation is terminated earlier.

There are two reasons the obligation may be terminated early. If the employee requests non-work-related time off for personal reasons or submits a voluntary resignation, the employer is not required to pay the salary as the employee is considered unavailable for employment. Either reason should be carefully documented. The employer’s obligation for wages may also terminate if the employer decides to terminate the employment of an H-1B employee, with or without cause, prior to the end of the H-1B petition. 

Continue Reading Bona fide termination of H-1B employee