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- NLRB sides with Kroger’s action to remove union representatives from company property By Adam Bennett On Sept. 6, 2019, the National Labor Relations Board (NLRB) granted a significant win to employers, ruling that businesses can lawfully limit the rights of nonemployee union supporters to access company property that is otherwise open to the public. In a 3-1 decision, the Board ruled that Kroger did not violate the National Labor Relations Act (NLRA) when it removed nonemployee union supporters from the parking lot of a Kroger store. The decision overruled a 2016 ruling by... More
- Misclassifying employees as “independent contractors” does not violate NLRA By Mike Underwood The decision to classify a worker as an independent contractor, rather than as an employee, carries significant legal implications. Misclassifying employees as independent contractors can result in employer liability for unpaid payroll taxes, unpaid unemployment and workers’ compensation premiums, and responsibility for failure to provide the various rights afforded under employment laws to employees but not to independent contractors. A careful approach, including legal advice, is always wise in evaluating whether a worker can properly be classified as... More
- New York’s new discrimination law—Aberration or the start of a trend? By John Stephen Employers with facilities in New York are probably aware of the significant piece of anti-discrimination legislation Gov. Cuomo signed recently. The new law: expands coverage to all employers regardless of size; expands protections against discrimination to certain non-employees; increases the statute of limitations for sexual harassment claims from one to three years; adds punitive damages and mandatory attorneys’ fees as potential remedies; prohibits mandatory arbitration of discrimination claims; adds to the notice requirements an employer must provide regarding its sexual harassment policy, including in... More
- Are Ohio workers’ compensation laws changing? By Rebecca Kopp Levine As we reported in June, the Ohio legislature attempted to make substantial changes to workers’ compensation laws as part of the overall budget. However, after the House and Senate could not reach an agreement on many parts of the budget, Gov. DeWine permitted the legislature additional time to reach a compromise. The actual budget submitted to and signed by the governor contained NO changes to the workers’ compensation laws. Conspicuously absent from the budget was the House’s... More
- Myths, rumors and clarification on the status of the H-4 EAD By Rob Cohen In February of this year, USCIS announced that the proposed rule to eliminate the ability of foreign nationals in H-4 status to apply for an Employment Authorization Document (EAD) was sent to the Office of Management and Budget (OMB) for final approval. Five months later, OMB has still not released the proposed rule for publication. The delay likely reflects substantive issues and is more than mere bureaucratic delay. In the meantime, the H-4 EAD is alive and well.... More
- EEO-1 reporting: Pay data filing begins July 15, 2019 By Jourdan Day The Equal Employment Opportunity Commission (EEOC) has announced the filing window for the newly required Component 2 pay data opens July 15, 2019. Private employers with at least 100 employees are required to submit pay data for calendar years 2017 and 2018 by Sept. 30, 2019. This new requirement is ordered by the court decision in the National Women’s Law Center v. Office of Management and Budget case. The EEOC has taken a number of steps to assist employers... More
- #MeToo: Looking to best teaching practices for effective training By Jyllian Bradshaw When did canned web-based presentations become the norm for harassment, discrimination and other inappropriate workplace conduct training? Companies who rely on pre-prepared, generic materials often find those trainings for HR, management, supervisors and employees to be ineffective, particularly now that #MeToo is a part of our vocabulary. For the employer who has the goal of efficient and effective HR trainings, it is helpful to look to best teaching practices. Educators know that teaching a lesson in a memorable... More
- Are changes coming to the FMLA? By Rachel Burke It has been a decade since the United States Department of Labor (DOL) made any changes to the FMLA regulations, but we now have an indication that the DOL is at least willing to consider issuing new regulations at some point in the next few years. The United States Office of Management and Budget announced that, by April 2020, the DOL will “solicit comments on ways to improve its regulations under the FMLA to: (a) better protect and... More
- Applicants may be required to declare citizenship status when filing for Ohio workers’ compensation benefits By Rebecca Kopp Levine 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, a noncitizen with permission to work in the country or an illegal alien or an unauthorized alien. All applicants may be eligible... More
- Kentucky’s new pregnancy accommodation law goes into effect By Jourdan Day Kentucky recently enacted the Pregnant Workers Act, which amends the Kentucky Civil Rights Act to provide accommodations to pregnant and lactating employees. The law goes into effect on June 27, 2019. Below are the important implications of the Pregnant Workers Act, which will affect employers that operate or maintain business locations in Kentucky. Who does the law cover? Covered employers are those that employ 15 or more persons during 20 or more calendar weeks in the current or preceding calendar... More
