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Jyllian is a senior associate in the firm’s Labor and Employment Department. Her practice focuses on education law, collective bargaining, administrative proceedings, policy advisement and labor relations.

How Constellium should inform employers’ policies and practices 

Assume an employee writes the words “whore board” on company overtime sign-up sheets. Serious misconduct, right? In fact, the employer faced with this situation terminated the employee for offensive conduct.

In Constellium Rolled Products Ravenswood, LLC v. NLRB, the U.S. Court of Appeals for the District of Columbia agreed with a National Labor Relations Board (NLRB) decision finding the termination was unlawful. The case illustrates that National Labor Relations Act protections sometimes can trump an employer’s right to regulate potentially offensive language at work.

Continue Reading When it comes to employee discipline, consistency is key

With increasing frequency, employers are raising the question about what can (or can’t) be done with employees who speak about polarizing issues, whether at work or in a way that affects the work environment. This question is arising often because of our current social and political climate. The legal and practical implications are complex.
Continue Reading Employees and free speech

As we enter the third year of a pandemic, the ongoing disruption caused by COVID-19 and its variants often leaves employers juggling legal and business considerations regarding their workforce. Specifically, many employees are also caregivers — whether they are caring for children, a spouse, an individual with a disability or older relatives.
Continue Reading Caring for caregivers: Understanding caregiver discrimination under federal laws

On Sept. 27, 2021, we posted about Ohio House Bill 401 and the potential for employers to lose workers’ compensation immunity for injuries incurred as a result of a mandatory vaccination. The bill would create a separate cause of action under Ohio law for persons allegedly injured as a result of an employer-mandated COVID-19 vaccine.

On Oct. 7, 2021, the Ohio House Labor and Commerce Committee held its second informal hearing on a separate but related piece of legislation, House Bill 435. The bill expressly provides that an injury covered under the Ohio Workers’ Compensation Act includes an injury or disability caused by an employer-mandated COVID-19 vaccine.
Continue Reading The Ohio Legislature and dueling bills: Vaccinations and Ohio workers’ compensation

Keeping an eye on Ohio House Bill 401

Even as the federal government has moved toward mandating COVID vaccination by many employers, a bill introduced in the Ohio legislature, if passed, would eliminate workers’ compensation immunity and expose employers to potential liability for injuries incurred as a result of a mandatory vaccination.
Continue Reading Will we say goodbye to workers’ compensation immunity for mandatory COVID vaccination-related damages?

Working through issues related to a separation of employment can be challenging.  Negotiating a separation of employment agreement can be even more difficult if the departure is contentious. Employers are often confronted with the question of whether a non-disparagement clause should become part of the agreement.

Continue Reading “If you don’t have anything nice to say…” Non-disparagement clauses in settlement and separation agreements

On March 11, 2021, President Joseph Biden signed The American Rescue Plan Act, which provides $1.9 trillion in funds for individuals and businesses in response to the COVID-19 pandemic. For employers, here are the key provisions to be aware of:

FFCRA tax credit extension

Since January 2021, employers subject to the Families First Coronavirus Response Act (FFCRA) have not been required to provide FFCRA leave to employees; however, employers who opt to voluntarily provide FFCRA leave to employees can obtain tax credits to offset certain costs associated with providing the leave. The American Rescue Plan Act does not reinstate the mandate to provide leave or require employers to provide any additional leave, but extends the tax credits for qualifying family leave and sick leave wages that an employer voluntarily pays between April 1, 2021 and Sept. 30, 2021. The measure provides a new yearly allotment of up to 80 hours per employee of qualifying paid sick leave available for 2021 tax credits. Again, this does not obligate an employer to provide additional leave, but allows employers to offer a new bucket of leave to employees if they so choose.
Continue Reading The American Rescue Plan Act: What employers need to know

The attorneys behind the Employer Law Report Blog present the first in a three-part series on the COVID-19 vaccine and employer considerations.

As vaccinations become increasingly available to stop the spread of COVID-19, some  employers are posing the question: Can I require my employees to receive the vaccine in order to make my workplace more safe? The question is somewhat academic right now, since the vaccine is not widely available in most states, but it appears that will change in the weeks and months to come.

Continue Reading COVID-19 vaccine for employees: Can you require it? Should you require it? Can you offer incentives to encourage it?

New developments related to joint employer liability have arisen since our blog article posted on April 4, 2019. In that post, we discussed the proposed rule to narrow the definition of a “joint employer” under the Fair Labor Standards Act (FLSA). Following a review and comment period, in Jan. 2020, the U.S. Department of Labor (DOL) announced a Final Rule, adopting the rule as proposed which then became effective in March 2020.

Continue Reading Joint employer rule, now disjointed

On June 11, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) released additional guidance covering topics like the well-intended exclusion of workers over the age of 65 who, according to the Centers for Disease Control and Prevention (CDC), are deemed to be at greater risk for severe cases of COVID-19. The guidance also covers issues related to  pregnancy, remote harassment and employees living with family members who are high risk due to underlying health conditions.
Continue Reading You know what they say about good intentions…Can an employer exclude employees 65+ from the workplace to prevent COVID-19 risk?