Recently, the NLRB issued a rule revising the standard for determining a joint employer. Joint employment involves two or more businesses’ sharing of an employee’s activities and therefore sharing legal responsibilities.Continue Reading NLRB finalizes expanded joint employer rule
As artificial intelligence capabilities continue to increase, employers will contend with many issues surrounding the use of AI in the workplace. To prepare employers to address some of these issues, we have created a series of posts examining employers’ use of AI.
AI is relatively new, but it is certainly here to stay. For employers considering implementing AI processes, there are some general considerations they should keep in mind as they delve into the ever-growing world of AI in the workplace.Continue Reading The impacts of AI in the workplace
Employers with over 50 employees regularly address employees’ requests for leave under the FMLA. When the FMLA was originally enacted in 1993, the workplace looked a bit different than it does now. Most employees went to a main worksite and job applicants came to a location to apply for employment. In today’s work environment, many employees work remotely and most job applications are submitted online. Yet, employers must grapple with the FMLA’s requirements within the confines of the new, often remote, modern workforce. Continue Reading FMLA and the modern workforce
The Tenth District Court of Appeals has thrown a curveball to Ohio employers by limiting a defense to temporary total disability compensation following the termination of an employee.Continue Reading Defense to temporary total disability compensation for Ohio employers may be limited
The term “quiet quitting” has recently been hard to avoid on the internet, in the media and in the workplace. Unlike its name implies, it has nothing to do with the employee actually quitting their job. Rather, it’s when an employee will not give more than the bare minimum and put in any extra effort. Employers can attempt to improve performance by such employees by ensuring they have good managers in place throughout their organizations.
Continue Reading Quiet quitting: Why it matters, and what employers can do to increase employee engagement
Over two years after the COVID-19 pandemic began and many employees switched from coming into a workplace to working at home, Ohio has amended the workers’ compensation laws to reflect the current work environment. Effective Sep. 21, 2022, this new legislation expands the definition of a compensable workplace injury to include some injuries sustained within the employee’s home, if certain criteria are met.
Continue Reading Ohio updates workers’ compensation laws for remote workers
On Jan. 13, 2022, the United States Supreme Court struck down the Biden administration’s vaccine-or-test requirement for employers with 100 or more employees.
Continue Reading Supreme Court shoots down Biden administration COVID-19 vaccine rule: So what’s next?
Many states are releasing their plans to reopen businesses and lift stay-at-home orders. There are many important considerations for employers to take into account while planning their return to work. Porter Wright’s Labor & Employment Department developed a checklist of issues to consider for a safe and productive return to work. You can find that checklist here.
Continue Reading COVID-19 return to work considerations: Navigating the reopening process
Federal regulation of employee non-compete agreements will be the focus of a workshop hosted by the Federal Trade Commission (FTC) Thursday, Jan. 9, 2020, in Washington, DC. First announced by the FTC on Dec. 5, 2019, the purpose of the workshop is “to examine whether there is a sufficient legal basis and empirical economic support to promulgate a Commission Rule that would restrict the use of non-compete clauses in employer-employee employment contracts.”
The FTC has now released the agenda for the workshop, which is titled “Non-Compete Clauses in the Workplace: Examining Antitrust and Consumer Protection Issues” and will be webcast live. Among the topics that will be addressed by the speakers and panelists – which include mostly law professors, economists and policy analysts, and only one practicing attorney – are the economic effects of non-competes, the FTC’s authority to address non-competes and whether the FTC should initiate a rulemaking regarding non-competes. The FTC has released the following list of questions that will be addressed at the workshop, and on which the FTC is soliciting public comment through Feb. 10, 2020:
Continue Reading FTC poised to consider regulation of non-competes
With multiple avenues for expanding a family and a plethora of different family models, employers would be wise to re-consider their parental leave policies to suit the needs of the modern family.
In May, a large multi-national corporation settled a class action lawsuit regarding its parental leave policy for $5 million. As written, the employer’s policy gave its employees who were primary care-givers 16 weeks of paid leave, and gave its employees who were non-primary care-givers only 2 weeks of paid leave. According to the lawsuit, the employer had an unwritten policy that made it almost impossible for men to qualify as a primary caregiver unless the birth mother was unable to care for the baby because she was medically incapable or because she was back at work. Such a policy, even if unwritten, could violate federal and state laws that prohibit employers from making employment decisions on the basis of sex.
Continue Reading Employers should review their parental leave policies in wake of parental leave class action settlement