Employer Law Report
The Employer Law Report discusses recent legal developments and trends affecting employers. Porter Wright Morris & Arthur LLP publishes this blog.
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Recent Articles
Porter Wright To Hold Briefing Sessions on the Workforce Impact of the 2008 Presidential and Congressional Elections
Dramatic Changes Ahead President-elect Barack Obama has promised support for various employment law initiatives that could cause sweeping changes for employers. Support for these initiatives is also strong in both Houses of Congress. Porter Wright will be hosting a series of briefing sessions in...
2008 Final Regulations for the FMLA: A Summary
As we noted Monday, the Department of Labor (DOL) published its long-awaited final regulations implementing the Family and Medical Leave Act (FMLA) last Friday. The new rules will become effective January 16, 2009. Most of the changes in the new regulations were foreshadowed when the DOL first...
Federal Motor Carrier Safety Administration Adopts Final Rule on Hours of Service for Commercial Vehicle Drivers
On November 18, 2008, the Federal Motor Carrier Safety Administration (FMCSA ) issued a news release stating its adoption as final the provisions of the Agency’s December 17, 2007, interim final rule concerning hours of service (HOS) for commercial motor vehicle (CMV)...
DOL Issues Final FMLA Regulations
On November 14, 2008, the Department of Labor (DOL) issued its new final regulations implementing the Family and Medical Leave Act of 1993 ("FMLA"). These regulations represent the first changes and additions to the regulations since they were first issued in 1995. As previously noted in...
National Bank Act May Preempt Certain Bank Officer Employment Claims
National banks may be missing out on a defense available to them against certain state-law employment claims brought by terminated bank officers. In particular, the National Bank Act (NBA) allows national banks to dismiss officers “at pleasure, and appoint others to fill their...
Election Results - Immediate Workplace Issues
Of course, no one can be certain of the exact workplace effects of Tuesday’s Presidential election results. But, at least one major change in employment law is pretty certain – and it is a change that all employers, large and small, in all industries, should be planning for...
Ohio Department of Commerce Issues New Prevailing Wage Guidelines
The Ohio Department of Commerce recently released new prevailing wage guidelines. These guidelines, which became effective on October 15, 2008 and are available at http://com.ohio.gov/laws/, focus on construction projects supported by both public and private funds. ...
Ohio Minimum Wage Changes
Effective January 1, 2009, Ohio’s minimum wage will increase to $7.30/hour generally and $3.65/hour for tipped employees (plus tips). The state minimum wage will briefly change to $6.55/hour for employers grossing $267,000 or less per year and employees who are 14 or 15 years of...
Employers Subject to the U.S. Department of Transportation's Substance Abuse Testing Requirements Must Now Conduct Direct Observation for Return to Duty and Follow-up Testing
Beginning November 1, 2008, employers covered by the United States Department of Transportation’s controlled-substance testing regulations must conduct direct observation collection for “return to duty” and “follow-up” controlled substance tests. These regulations...
Corporate Immigration Update Breakfast Briefing to Be Held on Thursday, November 13, 2008
You have likely seen the headlines — Immigration and Customs Enforcement (ICE) agents are raiding workplaces across the country; arresting thousands of employees who are now facing deportation and executives and human resources professionals who are facing prison sentences. Please join us for...

