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Ohio

Are meal and rest periods mandatory?

11/10/2008

Q. We run a manufacturing facility, and our production needs do not always permit our employees to take breaks during the workday. A group of employees have complained that we are required by law to provide rest breaks and a lunch break during their shifts. Are they right?

Is BlackBerry use compensable time?

11/10/2008

Q. We provide PDAs to virtually all our employees, some of whom are nonexempt. This enables them to send and respond to e-mails at all hours of the day and night. Does an employee’s time spent on his or her PDA outside of work count as hours worked?

Employment law in the Obama administration: What to expect

11/06/2008

With a Democratic-controlled Congress, President-elect Barack Obama will likely push for these employment law priorities …

Follow promotion rules to stop unexpected suits

10/10/2008

HR can never know for sure exactly what’s going on in other parts of the organization. That means it’s easy to be blindsided by a sudden lawsuit. For example, co-workers sometimes spread unfounded rumors about who is up for promotion and who will be bypassed. Such gossip may give some employees an excuse to find a reason to sue …

Holiday parties: Don’t let best of times become worst of times

10/07/2008

By exerting proper control over your holiday party this year, you can reduce everyone’s worries concerning the annual fete. Most important, careful planning will help your company avoid lawsuits as you ring in the New Year.

No liability if psych patient cleared to work

10/03/2008

Employers must reinstate employees following FMLA leave if a doctor says they are ready to return to work without restrictions. That’s true even if the serious health condition was a serious psychiatric problem. Fortunately, if the employee goes on to injure another employee, the medical release will protect the employer from negligent supervision claims …

Handbook must explain leave payout terms

10/03/2008

Employee handbooks should spell out exactly what it takes to earn time off—and what happens when an employee resigns or is fired. Make sure you spell out the limitations, or you may end up stuck paying for accrued time when you discharge an employee for serious problems, such as a failed drug test …

Columbus tackles immigration reform this legislative session

10/03/2008

Surveys suggest that nearly two-thirds of Ohio residents consider illegal immigration a serious problem, and state lawmakers have responded with legislation. One bill currently before the Legislature would make English Ohio’s official language. Another would grant local police the authority to investigate immigration violations …

How to make sure request for ADA accommodations blows up: Do nothing

10/03/2008

The ADA requires employers to provide disabled employees with reasonable accommodations if those accommodations allow disabled employees to perform the essential functions of their jobs. Flat-out ignoring an accommodation request is the absolutely wrong thing to do. Instead, carefully consider every request …

Job description should spell out employee’s exempt or hourly status

10/03/2008

There’s no excuse for anyone to be confused about his or her exempt or nonexempt employment status. Make sure every position description clearly labels the job either salaried or hourly. Otherwise, employees will turn to the courts to figure out whether you owe them unpaid overtime or whether you have violated the FLSA …