In State ex rel. Stallion Oilfield Construction, LLC v. Indus. Comm., 2019-Ohio-3174, the claimant had an allowed workers’ compensation claim for a back strain. The claimant returned to work in a light duty capacity. Pursuant to the company’s policy, the claimant submitted to a random drug test, which revealed positive test results for morphine, codeine, and opiates. Under the company’s work rules, an employee will be terminated if a drug test is positive.Read more
On April 10, the Equal Employment Opportunity Commission (EEOC) released Fiscal Year 2019 Enforcement and Litigation Date. Below are the top 10 charges for 2018.
Retaliation: 39,469 (51.6 percent of all charges filed)
Sex: 24,655 (32.3 percent)
Disability: 24,605 (32.2 percent)
Race: 24,600 (32.2 percent)
Age: 16,911 (22.1 percent)
National Origin: 7,106 (9.3 percent)
Color: 3,166 (4.1 percent)
Religion: 2,859 (3.7 percent)
Equal Pay Act: 1,066 (1.4 percent)
Genetic Information: 220 (.
The U.S. Supreme Court ruled in a unanimous decision on June 3, 2019, that federal courts may be able to hear discrimination claims under Title VII of the Civil Rights Act even if workers don’t bring them to the U.S. Equal Employment Opportunity Commission (EEOC) or an equivalent state agency.
In Fort Bend County V. Davis, Lois Davis filed a charge with the EEOC against her employer, Fort Bend County, for sexual harassment and retaliation.
One year passed since the U. S. Supreme Court ruled in Epic Systems Corp. v. Lewis that arbitration agreements which provide for individualized proceedings are enforceable and do not violate either the Federal Arbitration Act (“FAA”) or the National Labor Relations Act (“NLRA”). Since Epic, the legality of class waivers has still been a hot-button issue with multiple arbitration cases on the Supreme Court’s docket. Recently, in Lamps Plus v.Read more
In Automation Tool & Die, Inc. v. Medina Hospital, et. al., 9th Dist. No. 19CA009-M, a nurse practitioner was filling out forms requesting treatment and additional conditions using Dr. Terry’s rubber-stamped signature. The company later found claimant was working while receiving temporary total disability compensation and the additional allowances were vacated by the Commission. The company then filed a complaint against the hospital and Dr.Read more
In State ex rel. Mercy Health v. Indus. Comm. of Ohio, 10th Dist. No. 18AP-64, 2019-Ohio-1859 claimant was injured in 2017 and her claim was allowed for strains to the lumbar region and left wrist. The physician assistant treating the claimant completed a Medco-14 certifying she could not return to her former position of employment but could return to work with restrictions as of May 18, 2017.Read more