Recently, Governor Mike DeWine signed House Bill 81 which contains several changes to workers’ compensation laws. Most significantly, the bill contains a provision that will codify the common law voluntary abandonment doctrine. This provision should ensure that injured workers do not receive certain disability benefits if their loss of income is not related to the allowed conditions in a claim. Significantly, this codification specifically supersedes any court opinions applying the well-known doctrine.
Continue Reading What changes are coming to the well-known Ohio workers’ compensation voluntary abandonment doctrine?

Restrictions placed upon indoor recreational locations

On Monday, March 16, 2020, Ohio Governor Michael DeWine announced on Twitter that he will be issuing an order to close gyms, fitness centers, recreation centers, bowling alleys, indoor water parks, movie theaters and trampoline parks until further notice. This order took effect at the close of business on Monday, March 16th.

Restrictions placed upon bars and restaurants


Continue Reading Ohio takes executive measures to curb COVID-19 pandemic

Ohio Governor Michael DeWine and Lt. Governor Jon Husted recently announced that the state has expanded unemployment compensation benefits to workers and businesses impacted by COVID-19. By way of background, Ohio’s unemployment insurance system provides 50 percent of a qualifying worker’s former average weekly pay, subject to caps based on the number of dependents in the household.

Governor DeWine has issued an executive order that expands unemployment benefits related to COVID-19. Moreover, the Ohio Department of Job and Family Services (ODJFS) has published a series of questions and answers related to the order. Here are the highlights:
Continue Reading Ohio expands unemployment compensation protections in response to COVID-19 pandemic

The Ohio House of Representatives passed a two year $645 million workers’ compensation budget on June 5, 2019. As part of the budget bill, a provision was added that requires anyone who files an application for a workers’ compensation claim through the Ohio Bureau of Workers’ Compensation, to identify themselves as either a U.S. citizen,

In March 2019, the City of Cincinnati became the latest in a small but growing list of states and municipalities prohibiting employers from asking prospective employees about their prior compensation. Citing concerns about the perpetuation of pay discrimination against women in the workforce, the legislation bars Cincinnati employers with 15 or more employees from asking

Recently, Gov. Kasich signed into law the workers’ compensation budget. In addition to funding the Ohio Bureau of Workers’ Compensation (BWC), the bill enacted a number of substantive changes to the law. These changes are effective Sept. 29, 2017. Below are some of the significant amendments impacting Ohio employers:

  • Decreases statute of limitations: For claims

As we outlined more fully in our earlier post, Ohio’s new medical marijuana law takes effect next month. Employers should be reminded that business groups lobbied for an exception allowing employers with drug-free workplace policies to take adverse action against applicants and employees for medical marijuana use.

Continue Reading Employers advised to review drug free workplace policy if they intend to prohibit medical marijuana use

A special thanks to one of our summer clerks, Abigail Chin, for her assistance with this article.

In the wake of Ohio’s new medical marijuana law, you may be thinking, what does it mean for your drug-free workplace policy? Ohio’s new medical marijuana law, H.B. 523, provides targeted exceptions for employers.

Ohio’s law goes into effect in approximately 90 days; however, it is expected that full implementation could take up to two years before the Ohio Department of Commerce, State Medical Board and Board of Pharmacy can establish licensing requirements for growers, processors, testing laboratories, dispensaries and physicians. H.B. 523 allows people with the following qualified medical conditions to receive a physician’s recommendation for medical marijuana: HIV/AIDS, Alzheimer’s disease, Amyotrophic lateral sclerosis (ALS), cancer, chronic traumatic encephalopathy (CTE), Crohn’s disease, epilepsy or another seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, pain that is chronic, severe and intractable, Parkinson’s disease, post-traumatic stress disorder, sickle cell anemia, spinal cord disease or injury, Tourette’s syndrome, traumatic brain injury and ulcerative colitis. Marijuana is only permitted in certain forms, like edibles and vaporizers; as smoking it is prohibited under the new law.
Continue Reading Ohio’s new law legalizing medical marijuana includes key exceptions for employers

A divided Ohio Supreme Court held that Ohio’s minimum wage law exempts employees engaged in an executive, administrative or professional capacity, or as outside salespersons, summer camp employees, fishing employees, small publication employees and family farm employees. In Haight v. Minchak, No. 2016-Ohio-1053, two sales representatives challenged the constitutionality of Ohio’s minimum wage statute (R.C. 4111.14)—arguing that the definition of employee in R.C. 4111.14(B)(1) conflicts with the definition in the Ohio Constitution. The Court held that the definitions did not conflict.

John Haight and Christopher Pence were sales representatives for Cheap Escape Company. They were paid by commissions plus a draw. The Company stopped paying or reduced the draw when its sales representatives underperformed. The compensation the underperforming sales representatives received fell below Ohio’s minimum wage. Haight and Pence filed a class action lawsuit alleging that R.C. 4111.14 was unconstitutional and seeking unpaid wages.
Continue Reading Minimum wage exemptions upheld in Ohio Supreme Court case