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In State of Ohio ex rel. AutoZone Stores Inc. v. Indus. Comm., 10th Dist. No. 21AP-294, 2023-Ohio-633, decided on March 2, 2023 the Tenth District Court of Appeals interpreted R.C. 4123.56(F) which provides: If an employee is unable to work or suffers a wage...
On February 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule banning non-compete agreements with its release of a Notice of Proposed Rulemaking. If this rule becomes law, it would drastically change the labor market across all sectors of the...
While you are making 2023 New Year Resolutions, please resolve to record work related injuries timely and appropriately on the OSHA logs. If you are an employer with more than 10 employees and are otherwise required to keep a record of serious work-related injuries...
Bugbee & Conkle, LLP congratulates April Renner on her promotion to Staff Hearing Officer for the Industrial Commission. Ms. Renner recently began taking hearings as an SHO in Toledo. There has been no announcement on whether a new District Hearing Officer will...
Hiring new workers will mean expanding what your company is capable of doing, but it will also mean increasing the risk of some kind of interpersonal conflict or future misconduct by that new hire. Workers can make mistakes, break the law, steal from the company or...
The Supreme Court of the United States rendered a 6-3 opinion enforcing the stay, in other words blocking, OSHA’s Emergency Temporary Standard (ETS) requiring employers of 100 or more employees to enforce a vaccine or test requirement in its entirety. The Court focused on OSHA’s authority to issue such a mandate. The Court found that the Occupational Health and Safety…
While we are waiting on the Supreme Court to rule on the OSHA Emergency Temporary Standard (ETS) regarding COVID-19 vaccinations, employers must comply with the majority of the OSHA ETS requirements as of this Monday, January 10, 2022. All parts of the OSHA ETS are in full effect, except for the testing requirement for unvaccinated individuals which does not go…
This just in: the Sixth Circuit Court of Appeals has lifted the preliminary injunction that had blocked the Occupational Safety and Health Administration’s (“OSHA”) emergency temporary standard (“ETS”) rule from going into effect. The Sixth Circuit’s decision has been appealed to the United States Supreme Court. The ETS rule applies to all businesses in the United States with at least…
The flurry of vaccine mandate litigation continues. We recently wrote on a federal district court’s preliminary injunction blocking the Centers for Medicare and Medicaid Services (“CMS”) mandate across the country. However, a recent subsequent decision by the Fifth Circuit reinstated the CMS vaccine mandate for the majority of the United States. In the opinion, the Fifth Circuit, per curiam, found…
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