Laura is a member of the Firm’s Labor & Employment Group, practicing primarily in litigation and advice and counsel. Laura defends clients against a variety of government agencies such as the National Labor Relations Board ...
You may recall last summer, we mentioned the future of non-competes was murky at best after the Federal Trade Commission (FTC) announced a proposed rule to ban all non-competes in January of 2023.
Yesterday, we learned the FTC voted to approve the proposed ban.
Under the new rule, existing non-competes for senior executives remain enforceable ...
Last fall we discussed the monumental shift in the National Labor Relations Board’s (NLRB) procedures to allow unions to skip the lengthy election process if an employer fails to act upon demand for recognition. And predictably, with the ease of recognition and organization, unions are taking full advantage of the NLRB regressing decades in ...
With the turn of the new year, your newly invigorated gym plans and salads every night are not the only changes from 2023. Federal and Ohio law are already making “New year, New me” changes. Some changes are here to stay while others…like the salads…are only proposed changes.
Minimum Wage Increases
- Indiana – Indiana minimum wage remains ...
Are unions making a historic comeback? The United Auto Workers union is simultaneously on strike against General Motors, Ford, and Stellantis for the first time in American history, California’s legislature passed a bill that allows legislative workers to join a union, and DHL drivers recently secured significant salary increases. The ...
By: Laura Caty and Cassidy Zang*
You walk into an interview, shake hands, and dive into the process. The first thing you are asked is, “Where did you go to school?” You provide the name of your undergraduate alma mater, but the supervisor replies, “No, I mean high school.” After finding out you both graduated from the same school, the ...
Marking another win against discrimination, a growing number of states are passing legislation prohibiting discrimination against race-based hairstyles. The CROWN Coalition and its banner legislation, the CROWN Act, are gaining momentum throughout the United States.
The CROWN Act was created in 2019 by Dove, the CROWN Coalition ...
This update replaces the Phase 1 and Phase 2 implementation dates in our previous blog post written January 13th for those states* identified in the January 14, 2022 CMS memorandum.
The Centers for Medicare & Medicaid Services issued a memorandum on Friday January 14th implementing extended timelines for the CMS Vaccine Mandate.
Covered ...
The Supreme Court stayed the preliminary injunction which had previously prevented enforcement of the CMS vaccine mandate from going into effect until today, January 13, 2022. In non-legal terms, the CMS Vaccine Mandate is in effect for those certain Medicare/Medicaid certified health care providers, and enforceable pending further legal ...
By: Graydon's Labor and Employment Group
Throughout the 30-page decision, the Supreme Court noted that it is likely the Secretary lacked authority to impose the OSHA mandate which is “a significant encroachment into the lives—and health—of a vast number of employees.” The Supreme Court emphasized the OSH Act empowers the Secretary ...
By: Laura Caty & Lee Geiger
Oyez! Oyez! Oyez! This honorable Court is now in session. Starting at 10 AM this morning, the United States Supreme Court heard oral arguments regarding the contentious Occupational Safety and Health Administration (OSHA)’s Emergency Temporary Standard (ETS). The argument lasted more than two hours. As of the ...
By: Laura Caty & Liam McMillin
Let’s talk about handbooks. Yeah, we know. You’re probably thinking, “The sun is shining, kids are out of school, and everyone is on vacation; why talk about handbooks? Heck, we haven’t even looked at ours in decades?”
But with school looming on the horizon, there is no better time to return to the ABCs ...
By: Laura Caty & Kiley Barnard
To foster a healthy workplace environment and protect from liability, employers must have a formal process for conducting a workplace investigation for any complaints presented by employees. Consider the following scenario:
Sarah’s boss has consistently asked her to get drinks after work and she always says no ...
Written by: Laura D. Caty & Dan E. Burke
The Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) on June 10th targeted towards protecting employees in the healthcare sector from COVID-19. Read OSHA's summary here.
The COVID-19 ETS applies to all settings where any employer provides healthcare ...
If only every employer could give a $1 million incentive for a vaccine like the Ohio Vax-A-Millions program...then I would probably be on vacation instead of writing this blog.
The EEOC issued guidance on Friday May 28th clarifying long standing questions about the COVID-19 vaccine after organizational leaders requested additional legal ...
On May 5, 2021, the DOL effectively withdrew the Trump Administration’s independent contractor rule, continuing President Biden’s employee-friendly agenda in the Labor and Employment space. The much discussed “economic realities” test would have shifted the power balance towards employers by making it easier to classify workers ...