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The 3rd District Court Of Appeals Rejects COVID-19 Claim Since the COVID-19 pandemic ensued, employers have wondered whether there would be rash of compensable COVID-19 cases arising from employment. Because COVID-19 is a disease arising from the Sars-CoV-2 virus,...
2024 CHANGES TO OSHA INJURY AND ILLNESS RECORDKEEPING REQUIREMENTS What's Changing: Establishments with 100+ employees in certain designated industries are required to electronically submit information from their OSHA Forms 300 and 301 to OSHA once a year. OSHA will...
Is This the End of Voluntary Abandonment in Ohio? R.C.4123.56(F) was enacted and became effective September 15, 2020 and applies to claims arising on or after July 1, 2020. Prior to the amendment, voluntary abandonment of employment was an affirmative defense...
This year's Safety & Health Day will be held on Wednesday, May 24, 2023 at Owen's Community College - Center for the Performing Arts. Doors open at 7:30am with a full day of presentations on various workplace safety topics! Attorney Carl Habekost will be...
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...
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…
The end of November brought a flurry of vaccine mandate litigation. Two federal courts issued preliminary injunctions blocking the Centers for Medicare and Medicaid Services (“CMS”) mandate and the federal contractor vaccine mandate. CMS Vaccine Mandate Blocked Nationwide CMS had issued an emergency regulation requiring COVID-19 vaccination of eligible staff at health care facilities that participate in the Medicare and…
The Equal Employment Opportunity Commission (the “EEOC”), the Department of Labor (the “DOL”), and the National Labor Relations Board (the “NLRB”) announced a joint commission tasked with enforcing workplace laws relating to retaliation in the workplace. The Memoranda of Understanding (the “MOU”) between the three federal agencies allows all three agencies to share information and investigate charges that violate multiple…