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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 Occupational Safety and Health Administration (OSHA) published an Emergency Temporary Standard (ETS) in the Federal Register on November 5, 2021. The ETS requires companies with 100 or more employees to implement a mandatory COVID-19 vaccination policy or require unvaccinated employees to wear facial coverings in the workplace and undergo weekly COVID-19 testing. On November 6, 2021, the 5th Circuit…
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…
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…
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...
Congratulations to all the elite golfers competing in this special competition and welcome to all the fans, sponsors, and contributors visiting Toledo this week!
Two cases are likely to land in the lap of the Ohio Supreme Court, which will be tasked with clarifying its holding in Ward v. Kroger, 106 Ohio St.3d 35, 2005-Ohio-3560 and the application of R.C. 4123.52, which imparts continuing jurisdiction on the Industrial Commission of Ohio. In Ward, the issue before the court was whether a claimant could litigate…
On August 24, 2021, House Bill 401 was introduced which creates a cause of action for injuries and occupational diseases arising from COVID-19 vaccines mandated by employers. The bill amends R.C. 4113, which contains miscellaneous labor law provisions, to define employers and employees, and specifically permit employees to sue employers in common pleas court for damages caused by COVID-19 vaccines. …
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.…
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…