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• Eleventh Circuit upholds lower court decision holding Florida Individual Freedom Act unconstitutional By Amanda Keller    On Mar. 4, 2024, the United States Court of Appeals for the Eleventh Circuit upheld the lower court’s ruling that parts of Florida’s House Bill 7, dubbed the Individual Freedom Act or the “Stop WOKE Act”, are unconstitutional and infringe on an employer’s free speech rights. Florida Governor Ron DeSantis signed the Individual Freedom Act in 2022 as part of his campaign against what he terms “woke ideology.” The Act was intended to prevent teachings or mandatory workplace activities... More
• Texas federal court strikes down NLRB’s joint employer rule By Rebecca Kopp Levine    Last week, the U.S. District Court for the Eastern Division of Texas struck down the National Labor Relations Board’s 2023 rule changing the standard for establishing whether two affiliated entities are joint employers.  As we previously discussed in a blog post last year, the NLRB issued a rule greatly expanding the scope of employers that may be considered a joint employer. This expansion could have significant consequences as joint entities would be required to collectively bargain, and may... More
• NLRB joint employer rule delayed By Rebecca Kopp Levine    As we discussed in a recent blog post, last year the National Labor Relations Board (NLRB) issued a rule revising the standard for determining a joint employer. The rule was due to go into effect on Dec. 26, 2023, but was delayed when business groups led by the U.S. Chamber of Commerce brought a lawsuit in Texas against the NLRB alleging the rule exceeds the NLRB’s authority. Recently, a Texas federal judge delayed the rule implementation until... More
• Artificial Intelligence and the workers’ compensation system By Rebecca Kopp Levine    Artificial Intelligence (AI) is impacting many aspects of our lives, and it is no surprise that many businesses are evaluating ways in which AI can streamline processes and reduce expenses. AI has the potential to significantly impact the workers’ compensation industry, including by reducing costs, simplifying processes, and predicting outcomes. Utilizing AI for efficient processing of workers’ compensation claims Traditionally, claims examiners are charged with tasks such as classifying claims, entering diagnosis and billing codes, and processing payments.  AI may be... More
• “February madness” in college basketball: NLRB rules players are university employees By Chris Russell    There is no need to wait until March for college basketball to take the spotlight thanks to a recent ruling issued by the National Labor Relations Board (NLRB). On Monday, a regional official ruled that Dartmouth’s men’s basketball players are University employees and ordered an election for them to vote on unionization. Dartmouth basketball team’s unionization attempt On September 13, 2023, the Dartmouth team filed a petition to pursue unionization. The NLRB’s Regional Director concluded that “because Dartmouth has the right... More
• Columbus implements salary history ban   By Sarah Squillante    Columbus will soon join Toledo and Cincinnati in the growing number of states and localities implementing laws related to salary history, or so-called wage-gap laws. Effective Mar. 1, 2024, Chapter 2335 of Ordinance No. 0709-2023 makes it an unlawful discriminatory practice for Columbus employers to inquire about an applicant’s salary history, screen applicants based on their wage history, or rely solely on salary history when deciding whether to offer an applicant employment or when determining their compensation. The... More
• H-1B visas for applicants present in the US to be renewed again By James Jensen    On Dec. 21, 2023, the US Department of State (DOS) published a proposed rule, “Pilot Program To Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens.” It announced what has been long anticipated: a program to allow certain H-1B visa holders to renew their visas while they reside in the United States. Until 2004, the DOS had permitted nonimmigrant visa holders to renew their expired or expiring visas in the US. This thereby avoids... More
• Another setback for Ohio employers’ defense to temporary total disability compensation By Kelsey Gee    Ohio employers’ defenses to temporary total disability compensation continue to shrink. First, the legislature eliminated the doctrine of voluntary abandonment. Then, the Tenth District held that terminated employees may be eligible for temporary total disability compensation. Now, employees who voluntarily resign their employment may be entitled to compensation as well. Recent employer appeal of temporary total disability compensation case In State ex rel. Butler Vill. v. Indus. Comm. the Tenth District Court of Appeals held that an employee who voluntarily... More
• Ohio employers prepare for recreational marijuana law to take effect By Kelsey Gee    An Act to Control and Regulate Adult Use Cannabis goes into effect on Dec. 7, 2023. Over the next few months, we will answer Ohio employers’ questions regarding recreational marijuana. Employers can keep the status quo Many employers may be thinking about making policy changes, enacting drug free work zones, or implementing drug testing for prospective or current employees. Ohio employers should know that this new law still allows them to do so. The law explicitly states that Ohio employers can... More
• EEOC issues proposed enforcement guidance on harassment in the workplace By Amanda Keller    The U.S. Equal Employment Opportunity Commission (EEOC) recently issued its proposed “Enforcement Guidance on Harassment in the Workplace,” which presents a legal analysis of standards for harassment and employer liability applicable to claims of harassment under the equal employment opportunity (EEO) statutes it enforces. The guidance also consolidates and supersedes prior EEOC guidance documents, serves as a resource for employers, employees, and practitioners in handling harassment claims, and provides clarity regarding existing law. Establishing causation for harassment in the... More