Monthly Archives: August 2014
  • Department of Labor Proposes Rule Change to Include Same Sex Couples in the Definition of “Spouse”

    The Department of Labor has proposed a rule change that would affect the definition of “spouse” under the FMLA to be inclusive of same sex couples who live in states where their marriage is not recognized.  Currently, the statute defines “spouse” as a husband or wife, as recognized in the state where the employee resides, including common law marriages where recognized by the state.  The proposed rule change comes as a response to last summer’s U.S. Supreme Court decision in U.S. v.

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  • Senate Bill Would Criminalize Intentional Concealment of Dangers from Workers

    On July 16, 2014, Senator Richard Blumenthal introduced the Hide No Harm Act intended to protect both workers and consumers from dangerous products. Corporate officers who knowingly conceal the fact that a corporate action or product poses a risk of injury or death to workers or consumers could face up to 5 years in prison and extensive fines. The Act requires company executives to take reasonable steps to inform workers about serious dangers to which they may be exposed.

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  • OSHA & the Temporary Worker Initiative

    On July 15, 2014, OSHA issued a Policy Memorandum to its Regional Administrators explaining in greater detail the Temporary Worker Initiative launched April 29, 2013. The purpose of the memorandum is to clarify responsibilities of staffing agencies and host employers with respect to temporary workers.

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  • Court of Appeals Holds Work Accommodation is NOT Evidence of Perceived Discrimination

    In Roghelia v. Hopedale Mining, LLC, 7th Dist. No. 13-HA-8, 2014-Ohio-2935, an employee was injured at work resulting in a severed thumb.  After a short return to work, the employee failed to call off from work and was terminated under the company’s absenteeism policy.  The employee sued the employer alleging discrimination on account of his disability or perceived disability under R.C. 4112.02(A).

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  • The Employer, Vol. 7 No. 4

    The Employer Volume 7 No. 4.pdf
    Revised EEOC Guidelines on Pregnancy Discrimination 
    Last month, the EEOC released revised guidelines on pregnancy discrimination under the Pregnancy Discrimination Act (“PDA”), and other related statutes, including the FMLA and the ADA.  Among the new guidelines issued, the EEOC now says that discrimination on the basis of prior and potential pregnancy, and pregnancy related conditions, is illegal.

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