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Safety Sense April 2023

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 will be presenting with...

Comp Connection March 2023

  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...

CMS Vaccine Mandate Reinstated for Majority of the United States

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…

Why the Uber Lawsuit Regarding the ADA Matters for Your Business

On November 10, 2021, the Justice Department filed a lawsuit against Uber Technologies Inc. (“Uber”) alleging violations of Title III of the Americans with Disabilities Act (“ADA”).  The lawsuit, filed in federal court in California, alleges that Uber violated the ADA by failing to modify its wait-time policy.  This lawsuit is one of the many ADA Title III lawsuits filed…

The EEOC, DOL, and NLRB Joint Commission: What is it and What Does it Mean?

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…

Combatting the Labor Shortage while Complying with the Fair Labor Standards Act

The United States is currently experiencing a labor shortage unlike ever seen before.  Simultaneously, the “Great Resignation” continues.  According to the U.S. Bureau of Labor Statistics, 4 million Americans quit their jobs in July 2021 while a record-breaking 10.9 million jobs remained open.  These current phenomena lead to employers creating creative strategies to retain workers.  However, those creative strategies must…

We’re Growing

Bugbee & Conkle, LLP has a full time opening for an associate attorney. The ideal candidate will have 3+ years’ experience and must be licensed to practice in Ohio.  The position will involve representation of employers in employment matters in both court and...

In-Person Hearings?

On July 6, 2021, the Industrial Commission of Ohio resumed in-person hearings.  Or did it?  The Commission’s website contains a link to information about in-person workers’ compensation hearings, but this posting neither constitutes a policy regarding in-person hearings nor does it provide clear guidance to practitioners. Although many parties and representatives have returned to the hearing room, there is little…

Workplace Violence, Harassment & Retaliation Half-Day Seminar

Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work place. It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers and visitors. Nearly 2 million American workers report having been victims of workplace violence each year.…

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