Porter Wright’s Labor and Employment Department represents management clients in matters ranging from complex employment discrimination and wrongful discharge litigation, including class actions and ERISA litigation, to compliance with various federal, state and local employment laws and regulations, including the FLSA. 

Recent Blog Posts

  • 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
  • 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