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Ohio

Court allows termination for failing drug test

08/08/2011
A school employee has lost her case against the school district after it fired her for testing positive for illegal drugs. She had argued she was forced to undergo drug testing on the threat of losing her job and that the testing violated her right to privacy and right to be free from unreasonable searches under the U.S. Constitution.

Better pay, longer hours? Beware pay bias suit

08/08/2011
Here’s a scary hypothetical: A female exempt employee comes into HR to complain about sex discrimination and pay bias. She tells you she works for a male supervisor; two men hold the same position she does. Her hourly rate based on a 40-hour workweek is higher than either of the men’s. But she argues that her supervisor makes her work longer hours. She says that’s pay discrimination. What do you tell her?

Employer’s win in court shows peril of ignoring harassment

07/22/2011

It is generally agreed that anti-discrimination laws don’t create a general code requiring workplace civility. Harassment lawsuits won’t normally fly unless the abuse is objectively and subjectively severe or pervasive enough to alter the terms and conditions of one’s employment. A recent case, Williams v. CSX Transp. Co., illustrates these principles in action.

How to manage ‘job creep’ in today’s jobless recovery

06/30/2011
More than half of all employees have taken on new roles during the eco­nomic downturn, according to a recent Spherion Staffing survey. That’s “job creep,” and it’s a big problem. Job creep has important employment law implications and it also means many of your job ­descriptions are probably outdated.

The EEOC, maximum leave policies and the new ADA amendments

06/30/2011
The EEOC is getting serious about helping disabled Americans. In early June, the agency held a public meeting on the use of leave as a reasonable accommodation. That move came just two weeks after the agency put its new ADA Amendments Act (ADAAA) regulations into effect.

Feds issue new tip-credit pooling rules

06/30/2011

Employers are now free to set the percentage of employee tips that can be placed in a tip pool. In years past, several court decisions conflicted with the U.S. Department of Labor’s position restricting the amount of tips an employer could require to be pooled. The ruling comes as part of a new regulation clarifying the tip-pooling issue and establishing notice requirements for employers that use a tip credit for tipped employees.

Lorain steel company faces $563,000 in OSHA penalties

06/30/2011

Steel manufacturer Republic Engineered Products must answer to OSHA for seven allegedly willful violations and three alleged repeat safety violations at its Lorain plant. OSHA has proposed penalties total­ing $563,000.

Court lets employer ask EEOC about credit checks

06/30/2011
In an unusual twist, a federal trial court considering an Ohio case has permitted an employer being sued by the EEOC to ask pointed questions about the EEOC’s own hiring practices.

Employees convicted of crimes? You can treat them differently

06/30/2011

Employers have a tough call to make if an employee lands a short jail sentence. Discharging the worker may be the best option. But leniency may be more appropriate in other situations. If you can explain why you treated convicted employees differently, you should be legally OK.

Court: Lawsuit over anti-gay harassment won’t fly because Title VII doesn’t cover it

06/30/2011
An employee who claimed a hostile work environment after co-workers harassed him for being gay has lost his lawsuit because Title VII of the Civil Rights Act does not include anti-gay harassment as a legal cause of action.