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Recent Blog Posts

  • Vaccine policies and workers’ compensation By Rebecca Kopp Levine    The attorneys behind the Employer Law Report Blog present the second blog in our three-part series on the COVID-19 vaccine and employer considerations. The COVID-19 vaccination process has begun in the U.S., but at this point, the COVID-19 vaccine is not widely available to most employees. As explored in Part 1 of our series on the COVID-19 vaccine, many employers are deciding whether to require or incentivize their employees to obtain the vaccination. In addition to the issues... More
  • COVID-19 vaccine for employees: Can you require it? Should you require it? Can you offer incentives to encourage it? By Jyllian Bradshaw and Avi Allen    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... More
  • Looking back at 2020: Did the COVID-19 pandemic cause the predicted onslaught of workers’ compensation claims? By Rebecca Kopp Levine    A new year presents an opportunity to reevaluate the prior year and make any necessary changes for the upcoming year. Although typically this period of reflection relates to healthy eating and exercise regimens, it is also a relevant exercise for evaluating the status of the workers’ compensation system. In March and April 2020, we prepared for what we expected to be a large number of newly filed workers’ compensation claims alleging employees contracted COVID-19 in the workplace. Given... More
  • ODJFS launches online portal to help employers report claims of unemployment fraud By Arslan Sheikh    In recent months, there has been a significant increase in Ohio of fraudulent unemployment compensation claims by way of identity theft. This occurs when someone applies for unemployment benefits using another individual’s personal information. Some employers have experienced multiple identity theft unemployment claims. In an effort to help individuals and employers who have been affected by the filing of fraudulent unemployment claims, the Ohio Department of Job and Family Services (ODJFS) launched an online portal for employers to... More
  • Big changes to Ohio’s anti-discrimination laws coming this spring By Abbie Thederahn    On Jan. 12, 2021, Gov. Mike DeWine signed the Employment Law Uniformity Act (H.B. 352) into law. This act will significantly modify several aspects of Ohio’s workplace anti-discrimination laws and will bring Ohio law into conformity with federal law. The law will take effect in April 15, 2021. New process for filing a civil employment discrimination suit First, the law will significantly change the process for filing a civil employment discrimination suit. Currently under Ohio law, filing a charge with... More
  • New H-1B petitions for FY2022 again follow online registration and selection process, wage-based selection delayed By Rob Cohen    U.S. Citizenship and Immigration Services (USCIS) changed the H-1B lottery last year with the introduction of a requirement that employers first register their interest to file petitions for the fiscal year beginning October 1 in an online system. The lottery was conducted from the registrations instead of the full petitions, as had been done in previous years. Only those employers whose registrations were selected were able to file H-1B petitions with USCIS. This registration system will remain in... More
  • Paycheck Protection Program loan necessity questionnaire By Mike Underwood    Borrowers of Paycheck Protection Program (PPP) loans – together with their affiliates – who have loans in excess of $2 million and seek loan forgiveness will potentially need to complete necessity questionnaires according to the Small Business Administration. There are separate forms for for-profit and non-profit businesses and will likely affect 52,000 borrowers. My colleagues Jack Beeler, Cat Rice and Jack Meadows explain the purpose and questions asked in these questionnaires in this law alert.... More
  • Joint employer rule, now disjointed By Jyllian Bradshaw    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. The DOL rule established a four-factor test... More
  • Ohio passes law granting temporary civil immunity to businesses from COVID-19 lawsuits By Arslan Sheikh    It is no secret that the COVID-19 pandemic has had a cataclysmic impact on small and large businesses across the state of Ohio. Some businesses have been shuttered indefinitely, while other businesses have had to adjust on the fly and upend their operations to mitigate the spread of COVID-19. Businesses that have been able to reopen have also faced the question of whether they are subject to tort liability if an employee, customer, vendor or other person contracts... More
  • These new rules look a lot like the old ones: DOL stands firm in response to SDNY decision in its revised FFCRA rules By Leigh Anne Williams    Last Friday, Sept. 11, 2020, the U.S. Department of Labor (DOL) issued new temporary rules on the Family First Coronavirus Response Act (FFCRA) to address certain previously-implemented rules the Southern District of New York recently struck down. As background, check out our post from Aug. 6, 2020, describing the decision from the Southern District of New York. And by address, the DOL in fact decided to, as they put it, “reaffirm and provide additional explanation” for its... More