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Ohio

Medina company settles national-origin EEOC case

12/08/2009

Industrial fastener and tool manufacturer SFS Intec has agreed to settle an EEOC discrimination lawsuit arising at its Medina plant. Two Hispanic employees complained of being denied training opportunities that were open to non-Hispanics.

OSHA cites Cincy painting firm for lead safety violations

12/08/2009

OSHA has levied $321,000 in fines against UCL Inc., a Cincinnati-based bridge and tower painting company. The fines stem from nine willful and two serious workplace safety violations related to lead exposure.

Now that the ADAAA is law, is smoking a protected disability?

12/08/2009

Twenty-nine states and the District of Columbia have so-called “smoker protection” laws—laws that elevate smokers to a protected class and make it illegal to discriminate against employees because they smoke. Before the ADA Amendments Act (ADAAA) became effective on Jan. 1, 2009, I was optimistic that these smoke-outs were legal. Now , however, I have reservations. Has the ADAAA created a new protected class for smokers?

Make sure your e-communication policy covers social networks

12/08/2009

The widespread use of blogs and social networking web sites such as Facebook, MySpace, LinkedIn and Twitter has employers worried about what their employees are keyboarding and texting. Employers must develop electronic communications policies to cope with the new technology.

What are the pros and cons of doing Google searches on job applicants?

12/08/2009

Q. Currently, we don’t do any background investigations on job applicants. I’m considering instituting an informal background-screening program, whereby my HR director would conduct a Google search for every job applicant, in addition to looking at any Facebook, Twitter, LinkedIn and MySpace pages. I can’t imagine there’s any legal risk in researching information that is already publicly available on the Internet, right?

Are there alternatives to noncompete agreements?

12/08/2009

Q. I have certain employees that I don’t want leaving my business to work for a competitor. I am leery about using a noncompetition agreement because I know that courts can be hostile toward them. I understand they can cost a lot of money in legal fees to enforce. Are there any alternatives for me to consider?

What are the new mandatory EEO postings?

12/08/2009

Q. I know that there have been some recently enacted changes to federal employment laws (the Genetic Information Nondiscrimination Act and the ADA Amendments Act, for example). How do these changes affect the required EEO postings for my business?

Document employee response to negligent work

12/01/2009

If you employ licensed professionals such as nurses or pharmacists, the time may come when you have to report shoddy practices or ethical lapses to the Ohio board that issues and maintains their licenses. To avoid a lawsuit over whether your report was malicious and therefore not covered by an employer privilege, carefully document the acts and behavior that you believe are negligent or unprofessional. Be sure to let the employee respond to your concern.

Psst! Heard the good news? You’re not liable for gossip

12/01/2009

A court has ruled that an employer isn’t liable for defamation when employees discuss what may or may not have led to disciplinary action.

H1N1 virus alert: Complying with the ADA during an emergency

11/13/2009

The H1N1 influenza virus has added a note of urgency to the need to understand the ADA’s privacy requirements. Although some of the rules are relaxed in emergencies, employers that use confidential medical information to discriminate against workers will have to answer in court for their actions.