Recent Articles

Union Membership in 2007: A Visual Essay

November 11, 2008 05:00

The October 2008 volume of the Monthly Labor Review contains a very interesting article entitled, “Union Membership in 2007: A Visual Essay,” by James A. Walker. The article graphically illustrates union membership rates relative to many variables, such as by year, sector, age, gender, ethnicity, st...

Voting Leave Laws

October 27, 2008 04:00

Though current provisions do not address early voting situations, a cautious best practice would be to allow the employee to take time off to vote early just as if it was Election Day. Public policy encourages voting in elections. Thus, to deny an employee’s reasonable request for time off to vote e...

The Sixth Circuit discusses intermittent FMLA leave in Davis v. Michigan Bell Telephone Company, No. 07-1512 (6th Cir. Sep. 29, 2008).

October 15, 2008 04:00

Davis, an employee of Michigan Bell, was diagnosed with depression in 1999. She was denied requests for leave under the Family and Medical Leave Act (“FMLA”) by Michigan Bell until she met the 1,250 hour eligibility mark on September 24, 2004. Once Davis provided medical certification of her dep...

New Guidelines May Apply Ohio Prevailing Wage to More Projects

September 16, 2008 04:00

This interpretation of Ohio’s prevailing wage law will likely result in more projects being subject to Ohio’s prevailing wage requirements. The Department’s guidelines will apply to all private projects financed with or supported by public funds on or after October 15, 2008. The guidelines provi...

Ohio’s Paid Sick Leave Issue Likely Off of November Ballot

September 04, 2008 04:00

The proposed Ohio Healthy Families Act, which would have required many employers in Ohio to provide seven paid sick days to their employees, will likely be pulled from the November 4, 2008 ballot. Members of the coalition who supported the Act and submitted petitions to place the Act on the ballot...

DOL clarifies compensability for on-call time

August 01, 2008 04:00

The Department of Labor (“DOL”) recently issued an opinion letter further clarifying the compensability of “on-call” time under the Fair Labor Standards Act (“FLSA”). Under the specific facts presented in the letter, the DOL held that ambulance rescue employees were entitled to compensation for time...

Ohio BWC Introduces More Changes to Affect Employers

July 25, 2008 04:00

The Ohio Legislature addressed employer’s concerns about the veiled MIRA system in House Bill 100, which went into effect in 2007. Legislators mandated that the BWC implement a more transparent reserving system by the 2008 rate year, which began July 1, 2008. The BWC’s answer to HB 100 comes in the...

Ohio BWC Implements Changes to Salary Continuation Policy

July 25, 2008 04:00

With the implementation of the new MIRA II reserving system, the BWC is projecting that as a general trend lost time claim reserves will be lower and for a smaller duration than they have been in the past. It does not seem coincidental that the reserve changes have gone hand-in-hand with changes...

Sixth Circuit Abandons McDonnell Douglas Analysis in Mixed-Motive Cases

July 08, 2008 04:00

Late last week, the Sixth Circuit issued a decision abandoning the use of the McDonnell Douglas burden-shifting framework in “mixed motive” Title VII cases. In White v. Baxter Healthcare Corporation, the plaintiff, an African American sales representative, claimed that he was wrongfully denied ...

Sixth Circuit: disclosing confidential company documents to an employee's attorney may not be "protected activity" under Title VII

July 01, 2008 04:00

On June 24, 2008, the Sixth Circuit decided Niswander v. Cincinnati Insurance Company, in which it held that a female claims adjuster, who was fired after she disclosed files containing customer names and other confidential company information to her attorneys pursuing an equal pay class action,[1]...