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Ohio

Documenting performance? Better date-stamp and retain

07/07/2025

Whether deleted by accident or because the employer lacks clear rules about what to toss and what to keep, having to admit to a judge that you don’t have a document may mean big fines and penalties, up to and including having the lawsuit become an automatic win for a fired worker.

To preserve exempt status, pay employees on a weekly salary basis, not by the day

05/23/2025

The Supreme Court agreed with a highly compensated employee who argued that because he was paid a daily rate, he wasn’t being paid on a salary basis. Now a federal appeals court has applied that logic to another employer.

OK to terminate even if handbook doesn’t address obvious employee wrongdoing

05/19/2025

If an employee does or says something that clearly requires immediate discharge, don’t let the lack of a handbook policy stop you from acting. Courts usually side with employers that fire workers for behavior that runs counter to the employer’s best interest.

Supreme Court hints it will set one standard for reverse-discrimination cases

03/21/2025

Ames v. Ohio is a reverse-discrimination case—one in which a member of a majority group claims that they were discriminated against because the employer favored a member of a minority group. What the Supreme Court will decide is whether majority group members must overcome additional obstacles before taking their discrimination cases to trial.

Employee providing care for seriously ill sibling? Consider agreeing to request for FMLA leave

01/21/2025

The FMLA provides job-protected leave so employees can care for a long list of close relatives, including spouses, children and parents. The law even allows leave to care for grandchildren and grandparents if there is an in loco parentis relationship between them. But what about siblings?

How many more chances after last-chance agreement?

09/12/2024

In Moore v. Coca-Cola Bottling Co., the appeals court held that an employee’s last-chance agreement, signed after the employee tested positive for marijuana, did not bar his subsequent discrimination lawsuit when terminated after yet another positive test.

Travel time & money: Lessons for employers

08/20/2024

Tracking working time and reimbursing nonexempt employees for their traveling expenses can be difficult tasks. Fail to do both and you’ll end up in the middle seat on a long flight to nowhere. Two cases illustrate.

New hires can’t use religion as reason to withhold SSN

04/10/2024

You must offer religious accommodations when possible, but not if it would cause you to break the law.

Design benefits plans that equally and fairly serve employees of all ages

04/10/2024

When tailoring benefits to appeal to younger members of your workforce, remember your older employees, too. It’s illegal to exclude employees from using any of your benefits on the basis of age.

Access to Personnel Files: 50 State Laws

02/16/2024

No federal law grants employees the right to inspect their personnel files. However, many states do give employees that right and spell out the terms under which employees are allowed to inspect their files. Here’s a state-by-state list of laws governing access to personnel files.