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Ohio’s Firefighter Cancer Presumption

07/13/17

The Ohio Legislature passed Senate Bill 27, in December 2016, which established a presumption that certain types of cancer were contracted by firefighters as the result of duty-related exposure. The law became effective on April 6, 2017, but was amended on June 30, 2017 with the passage of Sub. H.B. No. 27, the States Biennial Workers’ Compensation Budget Bill.
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Public Records Requests: Helpful Tidbits

07/13/17

Since September 28, 2016, persons allegedly aggrieved by a violation of public records access can file a complaint under R.C. 2743.74 instead of initiating a mandamus action in common pleas court. While R.C. 2743.75 does not prescribe a standard of proof, the Court of Claims Special Masters and Judges seem to adopt to the “clear and convincing evidence” standard used in mandamus actions.
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CCW Changes on the Horizon

07/13/17

As part of the recently passed State Budget Bill, employers could soon face civil liability for violating R.C. § 2923.1210(A), the CCW law passed last year that allows individuals to store firearms in their privately-owned vehicles on employer property.
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Public Employee “Right-to-Work” Bill Introduced in Ohio House

07/13/17

In the latest bid to make Ohio a “Right-to-Work” state, the House introduced a bill that would eliminate any requirement that public employees must join or pay dues to any employee organization.
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High Court Strikes Down Sex Offender Social Networking Ban On 1st Amendment Grounds

07/12/17

In an 8-0 decision delivered by Justice Kennedy, the Supreme Court held that a North Carolina law banning registered sex offenders from accessing social-networking websites like Facebook and Twitter was a violation of the First Amendment.
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FHKAD Attorneys Experience Success in the Sixth Circuit and State Court

07/12/17

FHKAD attorneys Daniel T. Downey and Melanie J. Williamson won on a Motion to Dismiss filed in the Sixth Circuit on behalf of the City of Powell, Ohio. In Fairfield County Common Pleas Court, FHKAD attorneys Marc A. Fishel and Angelica M. Jarmusz secured summary judgment for the City of Lancaster and several of its City Council members.
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Is Past Practice a Practice of the Past?

07/12/17

Employers may want to think twice before relying on past practice as the basis for disciplinary action.
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Sixth Circuit Affirms Employer’s Affirmative Defense to Sexual Harassment Liability

07/12/17

Last month, the U.S. Court of Appeals for the Sixth Circuit affirmed that AutoZone was not vicariously liable for a store manager’s sexual harassment of his co-workers. The Sixth Circuit also held that AutoZone established an affirmative defense to the claim.
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Employees Must Act Reasonably in the Search for a Reasonable Accommodation

07/12/17

A disabled employee’s obligation to participate in identifying reasonable accommodations for her condition was recently highlighted in a case out of the U.S. Court of Appeals for the Seventh Circuit.
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Department of Labor No Longer Advocating For $47,476 Salary Threshold

07/12/17

As 2016 was coming to a close, employers scrambled to comply with the Department of Labor’s Final Rule that was set to take effect on December 1, 2016 and more than double the threshold salary for employees to be exempt from overtime. The DOL intended to increase the minimum yearly salary level for overtime exemption from $23,660 to $47,476.
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Supreme Court Declines to Rule on Whether Applicants Can Bring ADEA Disparate Impact Claim

07/12/17

The United States Supreme Court recently rejected an appeal seeking review of a ruling that job applicants cannot bring disparate impact claims under the Age Discrimination in Employment Act of 1967.
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