Historically, unemployment compensation benefits have been limited to individuals who lost their jobs through no fault of their own and could not find work despite actively seeking work. However, as a result of the State of Emergency declared by Governor DeWine on March 9, 2020 and the subsequent “Stay at Home Orders”, an unprecedented number of employees filed for unemployment compensation benefits.Read more
In a historic 6-3 decision, the United State Supreme Court ruled in Bostock v. Clayton County Georgia that Title VII prohibits discrimination based on sexual orientation and gender identity.
As we previously reported, on October 8, 2019, the United States Supreme Court consolidated and heard oral arguments in three significant sex discrimination cases regarding Title VII’s coverage of sexual orientation and transgender status discrimination.
As businesses begin to reopen nationwide and work to become economically viable again, they face emerging litigation trends. One such trend involves lawsuits against employers for allegedly insufficient COVID-19 protocols and safety measures. Plaintiffs contend that some businesses risk the health of not only their employees, but also the employees’ family members and the general public as well. Such lawsuits are known as “derivative exposure claims”.Read more
Industrial Commission Votes Unanimously to Expand Docket to All Issues
As we previously reported, the Industrial Commission of Ohio limited the types of hearings that could be heard in response to the coronavirus pandemic and subsequent transition to telephone hearings. The Industrial Commission held a Special Meeting June 3 at 10:00 am to determine if it will expand the limited docket to include additional issues.
R.C. 4123.52 provides the Industrial Commission has continuing jurisdiction to modify or change its former orders. Ohio courts have held the continuing jurisdiction of the Commission is limited to five circumstances:
new and changed circumstances,
clear mistake of fact,
clear mistake of law, or
error by an inferior tribunal.
Recently, the 10th District Court of Appeals posed the following rhetorical question to itself: “Can you be accused of assaulting your boss, get fired, be convicted (by plea, no less) of the assault, be at least preliminarily barred by court order from even setting foot in that workplace, and then still gain subsequent temporary disability status under Workers’ Compensation in connection with your (former) job?” Upon reviewing an extensive record and impassioned arguments from the emplRead more