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Employer Law Report

Helping employers avoid the storm of legal issues in the workplace

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ADA

Long COVID implications under FMLA and ADAMental health claims on the rise: New normal for disability-related charges?EEOC receiving influx of COVID-19 related claims

Arbitration

House passes bill banning mandatory arbitration agreementsNLRB shift on two important issues for union companiesYour DoorDash arbitration is about to arrive

Artificial Intelligence

Artificial Intelligence and the workers’ compensation systemThe impacts of AI in the workplace

Business Competition

FTC's non-compete ban blocked by Texas federal judgeAnswers to common questions about the FTC's non-compete ban: What's next?FTC announces proposed rule prohibiting non-compete agreements

Cannabis

Ohio employers prepare for recreational marijuana law to take effectRights of employers under Ohio’s new recreational marijuana lawThe Garden State legalizes marijuana

COBRA

Reminder: Employers must send COBRA Extended Election Notice by May 31, 2021Time to review COBRA compliance

COVID-19

Long COVID implications under FMLA and ADAOhio updates workers’ compensation laws for remote workersMental health claims on the rise: New normal for disability-related charges?

EEO

EEOC issues proposed enforcement guidance on harassment in the workplaceCaring for caregivers: Understanding caregiver discrimination under federal lawsCOVID-19 detection testing: You shall not pass (unless you pass the test)

EEOC

What employers need to know about the EEOC’s guidance regarding discrimination related to DEI and Title VIIEEOC issues proposed enforcement guidance on harassment in the workplacePreparing your workplace for new federal protections for pregnant workers

Employee Benefits/ERISA

The American Rescue Plan Act: What employers need to knowWage withholding in a remote working environmentDepartment of Labor releases Q&A regarding Families First Coronavirus Response Act and mandatory posters

Employment Class & Collective Actions

Employers should review their parental leave policies in wake of parental leave class action settlementSixth Circuit upholds agreement to arbitrate FLSA claims on individual basisU.S. Supreme Court rules that mandatory, individual arbitration of employment disputes trumps employees’ rights to participate in class action lawsuits

Employment Outtakes

Sixth Circuit decision in EEOC v. AutoZone provides road map to sexual harassment defenseEmployer’s DNA test of employees in defecation investigation results in $2 million verdict for violating GINA while real “Poopetrator” remains on the looseWorkers' compensation and summer outings

Events

Website accessibility case shows big risks to companiesRenovating Your Workplace: Employment Relations Best Practices for HR ProfessionalsJoin us in Columbus on May 19 for a breakfast briefing - "Defining Your Company's Immigration Policy"

Executive Order

What employers need to know about the EEOC’s guidance regarding discrimination related to DEI and Title VIIFederal contractor vaccine requirements blockedBiden administration extends federal contractor vaccination deadline to Jan. 4 to align with OSHA and CMS deadlines

FFCRA

The American Rescue Plan Act: What employers need to knowThese new rules look a lot like the old ones: DOL stands firm in response to SDNY decision in its revised FFCRA rulesFederal court muddies waters for employers navigating FFCRA leave issues

FMLA

FMLA and the modern workforcePreparing your workplace for new federal protections for pregnant workersLong COVID implications under FMLA and ADA

Form I-9

New Florida immigration law subjects private employers to E-Verify mandates and penaltiesUSCIS seeks public input on remote preparation of I-9 formsCompleting the Form I-9 when COVID-19 prevents renewal of your employee’s identity document

Immigration

Department of Homeland Security’s non-U.S. citizen registration requirementPlanning for the H-1B cap online registration period opening March 7, 2025Immigration policy considerations for employers as we embark on a second Trump administration

Labor Relations

Ohio employers face new paystub requirementsPlanning for the H-1B cap online registration period opening March 7, 2025Ohio Supreme Court clarifies employers’ defenses to temporary total disability compensation in workers’ compensation cases

Leave Administration

Colorado Supreme Court issues ruling regarding payment of accrued but unused vacation pay at separationEmployers should review their parental leave policies in wake of parental leave class action settlementAre changes coming to the FMLA?

Litigation

Eleventh Circuit upholds lower court decision holding Florida Individual Freedom Act unconstitutionalShot through the heart: Did SCOTUS give strikes a bad name?Third Circuit decides employer's tweet was comedic, not coercive

Ohio Industrial Commission

Ohio Industrial Commission returning to in-person hearings on July 6, 2021

OSHA

OSHA withdraws COVID-19 ETS; But do not count OSHA out entirelySupreme Court shoots down Biden administration COVID-19 vaccine rule: So what’s next?Opponents of OSHA COVID-19 vaccination and testing rule appeal to Supreme Court

Other Articles

Ohio employers face new paystub requirementsFTC announces proposed rule prohibiting non-compete agreementsBiden administration DOL proposes rescinding Trump-era joint employer and independent contractor rules

Paid sick leave

Colorado enacts paid sick leave rulesDepartment of Labor releases Q&A regarding Families First Coronavirus Response Act and mandatory postersNew York becomes first state to enact paid sick leave law in response to the COVID-19 pandemic

Pandemic Unemployment Assistance Program

Individual eligibility for Pandemic Unemployment Assistance benefits

Porter Wright News

#MeToo: Looking to best teaching practices for effective trainingPorter Wright offers tailored HR AuditsIs your workplace ready for Fall? Check the Employer Law Forecast

Social Media

How employers can respond to social justice and free speech issues on social mediaEmployees and free speechThird Circuit decides employer's tweet was comedic, not coercive

Title VII

What employers need to know about the EEOC’s guidance regarding discrimination related to DEI and Title VIISexual orientation and transgender status protected under Title VII sex discrimination prohibition

Traps for the Unwary

Employers should review their parental leave policies in wake of parental leave class action settlementCincinnati bars questions about salary historyIs your online application process a risk?

Trending

Department of Homeland Security’s non-U.S. citizen registration requirementPlanning for the H-1B cap online registration period opening March 7, 2025Ohio Supreme Court clarifies employers’ defenses to temporary total disability compensation in workers’ compensation cases

U.S. Supreme Court

Texas federal court strikes down NLRB’s joint employer ruleNLRB joint employer rule delayedUnited States Supreme Court clarifies employer duty to accommodate religious beliefs

Unemployment Fraud

ODJFS launches online portal to help employers report claims of unemployment fraud

Wage & Hour

Q&A: Can you deduct speeding tickets from employee wages?Columbus implements salary history ban  Circuit court upholds rest time regulations for commercial drivers

Whistleblower lawsuit

Nurse brings COVID-19 whistleblower suit against Northwestern Hospital

Workers' Compensation

Ohio Supreme Court clarifies employers’ defenses to temporary total disability compensation in workers’ compensation casesChanges to Medicare set-aside reportingArtificial Intelligence and the workers’ compensation system

Workforce Strategies

FTC's non-compete ban blocked by Texas federal judgeAnswers to common questions about the FTC's non-compete ban: What's next?Texas federal court strikes down NLRB’s joint employer rule

Workplace discrimination

What employers need to know about the EEOC’s guidance regarding discrimination related to DEI and Title VIIEleventh Circuit upholds lower court decision holding Florida Individual Freedom Act unconstitutionalThe impacts of AI in the workplace

Workplace harassment

EEOC issues proposed enforcement guidance on harassment in the workplaceHow employers can respond to social justice and free speech issues on social mediaHouse passes bill banning mandatory arbitration agreements

Workplace Privacy

Ohio Supreme Court clarifies employers’ defenses to temporary total disability compensation in workers’ compensation casesThe impacts of AI in the workplaceHow employers can respond to social justice and free speech issues on social media

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