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https://www.employerlawreport.com/

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

  • 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
  • When can an employee in Ohio refuse to return to work and still get unemployment? By Leigh Anne Williams    Conventional understanding of unemployment benefits leads to the logical conclusion that when employees are capable of working and offered suitable employment, they are not entitled to collect unemployment benefits. But like many other things in the post-COVID-19 world, conventional thinking no longer rules the day. Last week, on June 16, 2020, Gov. DeWine issued an Executive Order addressing unemployment benefits eligibility during the COVID-19 epidemic. It provides that when an employee is called back to work in the... More
  • Department of Labor issues “temporary rule” interpreting paid leave under FFCRA By Leigh Anne Williams    On April 1, 2020, the Department of Labor (DOL) issued a temporary rule interpreting the paid leave provisions under the Families First Coronavirus Response Act (FFCRA). We will follow with more detailed thoughts on the rule, but the highlights include: Key definitions, including “child care provider” (defined as including unpaid family caretakers in addition to paid child care settings) and “telework” Discussion of interplay between “stay at home” orders and “isolation or quarantine” orders, and the availability of paid... More
  • DOL issues long-anticipated overtime rules—Here are the highlights By Leigh Anne Williams    Today the Department of Labor (DOL) issued information about the final rules increasing the salary minimum for employees covered by the white-collar FLSA exemptions. While the official rules have not been published yet, here are the key points you need to know: The new minimum salary level will rise to $47,476 or $913 per week The annual compensation for highly compensated employees will rise to $134,004 The effective date of the changes is Dec. 1, 2016 The salary and compensation levels... More
  • EEOC issues fact sheet in response to state bathroom laws By Leigh Anne Williams    Likely in response to laws recently passed in North Carolina and Mississippi (and being considered in other states, including Ohio), the EEOC has issued a fact sheet regarding bathroom access for transgender employees under federal anti-discrimination law. In the fact sheet, the EEOC takes the position that transgender status is protected under Title VII and, accordingly, employers may not: Deny an employee equal access to a common restroom corresponding to the employee’s gender identity is sex discrimination Condition this... More
  • How FMLA works during holidays By Leigh Anne Williams    Managing FMLA leaves that fall on holidays Administering the FMLA is difficult. When an FMLA leave falls on a holiday, it becomes even more complicated. Employers must know how to answer three holiday-related questions. First, if a holiday falls during an employee’s FMLA leave, does that holiday count against the employee’s FMLA entitlement? Second, how is the FMLA administered when there is an extended plant, office or school shutdown? Lastly, must an employer provide holiday pay to an... More
  • Update: the EEOC enters the digital age with electronic notice of charges By Leigh Anne Williams    Earlier this week we reported on the EEOC’s new “digital charge” system. The EEOC has issued a press release announcing it will now, on a nationwide basis, share position statements with charging parties. In the past, many EEOC offices would provide a verbal summary of the employer’s position statement to the charging party but would not share the document with him/her. That has now changed. Apparently the EEOC “may” redact confidential information before providing it to the charging party,... More
  • The EEOC enters the digital age with electronic notice of charges By Leigh Anne Williams    We are seeing more and more employers receive electronic notice of new EEOC charges through the EEOC’s new “digital charge” system. This system was piloted in certain EEOC districts starting last May. Starting Jan. 1, 2016, all EEOC offices will notify employers via email of new EEOC charges filed against them. However, this last month and a half we have continued to see a few new charges come in the traditional way via snail mail. What happens when... More