Recent Blog Posts

  • 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
  • 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 When the FMLA was originally enacted in 1993, the workplace looked a bit different than it does now.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
  • Defense to temporary total disability compensation for Ohio employers may be limited By Rebecca Kopp Levine    The Tenth District Court of Appeals has thrown a curveball to Ohio employers by limiting a defense to temporary total disability compensation following the termination of an employee. In September 2022, a new law went into effect eliminating the doctrine of voluntary abandonment in Ohio workers’ compensation cases. That doctrine provided that an injured worker was not entitled to benefits when they voluntarily removed themselves from the workforce or were terminated for violation of written work rules. The new... More
  • Philadelphia Eagles lose workers’ comp appeal before Super Bowl By Rebecca Kopp Levine    Not only did the Philadelphia Eagles lose Super Bowl LVII, earlier this month the Eagles lost their multiyear effort to oppose former player Emmanuel Acho’s application for a workers’ compensation claim. In 2015, Acho injured his thumb while playing for the Eagles. He underwent surgery, the Eagles released him, and ultimately he never returned to playing professional football again. In 2018, Acho filed a petition for a workers’ compensation claim and requested disability benefits. Initially, a workers’ compensation judge found... More
  • Ohio updates workers’ compensation laws for remote workers By Rebecca Kopp Levine    Over two years after the COVID-19 pandemic began and many employees switched from coming into a workplace to working at home, Ohio has amended the workers’ compensation laws to reflect the current work environment. Effective Sep. 21, 2022, this new legislation expands the definition of a compensable workplace injury to include some injuries sustained within the employee’s home, if certain criteria are met. What counts as a workplace injury? The determination for whether an injury is work-related (regardless of... More
  • Updates on Ohio workers’ compensation hearings: WebEx has arrived By Rebecca Kopp Levine    After a year of conducting workers’ compensation hearings in Ohio via a teleconference bridge, on April 19, 2021, the Ohio Industrial Commission switched its hearing format to the WebEx platform. The format switch was necessitated by connection problems with the previous teleconference bridge. Due to privacy concerns, among other issues, the hearing officers are only using the WebEx audio service. Full video hearings will only take place if a party is hearing impaired and needs to be able... More
  • 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
  • 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