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Recent Blog Posts

• 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
• NLRB finalizes expanded joint employer rule By Rebecca Kopp Levine    Recently, the NLRB issued a rule revising the standard for determining a joint employer. Joint employment involves two or more businesses’ sharing of an employee’s activities and therefore sharing legal responsibilities. Details of revised joint employer rule Under the new rule, due to go into effect on Dec. 26, 2023, the scope of the joint employer standard is expanded and entities may be considered a joint employer if each entity has an employment relationship with the employees, and the... More
• Rights of employers under Ohio’s new recreational marijuana law By Jonithon LaCross    With the passage of Issue 2 on Nov. 7, Ohio became the 24th state to legalize recreational marijuana under state law (marijuana remains illegal under Federal law). Included in the state law are broad protections for employers when it comes to employee use, possession and distribution. When will the new recreational marijuana law go into effect? As of Dec. 7, 2023, Buckeyes 21 and older can possess up to 2.5 ounces of marijuana or 15 grams of marijuana extract. Marijuana... More
• The impacts of AI in the workplace By Rebecca Kopp Levine    As artificial intelligence capabilities continue to increase, employers will contend with many issues surrounding the use of AI in the workplace. To prepare employers to address some of these issues, we have created a series of posts examining employers’ use of AI. AI is relatively new, but it is certainly here to stay. For employers considering implementing AI processes, there are some general considerations they should keep in mind as they delve into the ever-growing world of AI... More
• Updates for Ohio employers from the 2023 Statewide Hearing Officer Meeting By Rebecca Kopp Levine    The Ohio Industrial Commission Statewide Hearing Officer Meeting offered some key insights for Ohio employers. Statewide Hearing Officer Meeting insights First, some good news — the number of pending workers’ compensation cases in Ohio continues to decrease year after year. This decrease can be due to a myriad of factors, but is likely mostly due to the change in employees’ work environment and the overall trend of moving Ohio’s economy to be more focused on service positions. Ohio’s average... More
• FMLA and the modern workforce By Rebecca Kopp Levine    Employers with over 50 employees regularly address employees’ requests for leave under the FMLA. When the FMLA was originally enacted in 1993, the workplace looked a bit different than it does now. Most employees went to a main worksite and job applicants came to a location to apply for employment. In today’s work environment, many employees work remotely and most job applications are submitted online. Yet, employers must grapple with the FMLA’s requirements within the confines of... More
• New Florida immigration law subjects private employers to E-Verify mandates and penalties By Amanda Keller    On May 10, 2023, Florida Governor Ron DeSantis signed Senate Bill 1718, which takes effect July 1, 2023, creating new employment mandates affecting Florida’s private businesses. Most important for businesses are the host of penalties for those who violate new E-Verify mandates.   E-Verify requirements SB1718 requires private Florida employers with 25 or more employees to use E-Verify for all new hires. E-Verify is an internet-based system operated by the United States Department of Homeland Security, which allows participating employers... More
• Preparing your workplace for new federal protections for pregnant workers By Emily Peffer    On June 27, 2023, the Pregnant Workers Fairness Act (PWFA) took effect. Employers should prepare themselves to comply with this new federal law, which creates much broader and different legal obligations for employers with respect to pregnant workers.  Compliance includes communication with pregnant workers Under the PWFA, covered employers are required to provide a “reasonable accommodation” to workers and applicants with known limitations related to pregnancy, childbirth or a related medical condition unless doing so would amount to an undue... More
• United States Supreme Court clarifies employer duty to accommodate religious beliefs By John Stephen    In a unanimous decision on June 29, 2023, the United States Supreme Court clarified, without overruling, a decision on religious belief accommodations that has guided employers since 1977. According to the Supreme Court, what the Equal Employment Opportunity Commission (EEOC), lower courts, employment lawyers and human resource professionals have for nearly 50 years considered to be the test for assessing “undue hardship” when accommodating religious beliefs was never intended to provide such a standard. Court clarification on religious... More
• State of Ohio continues to examine the remote work debate By Chris Russell    Red Sox or Yankees? Hamburgers or hot dogs? In the office or work from home? While some debates have been around for many years, the debate over whether employees should be required to be back in the office or be permitted to work from home continues for both private and public employers. Workforce trends following the pandemic Although many things changed with the onset of the COVID-19 pandemic, few things changed as drastically as the world’s workforce. While a 40-hour... More