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Featured Item
Supreme Court Decides Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission
After 6-tiers in the making, the Supreme Court decides Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 584 U.S. _____ (2018), but the opinion shows that you can’t always have your cake and eat it too.
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Publications
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Current FMLA Forms Expire July 31
The Family and Medical Leave Act (FMLA) forms are set to expire July 31 under the Paperwork Reduction Act of 1995, which requires the Department of Labor (DOL) to submit its forms at least every three years to the Office of Management and Budget (OMB) to ensure processes aren’t too bureaucratic. The FMLA forms are used to certify that an employee is eligible to take FMLA leave and to notify him or her of leave rights under the law.
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U.S. Supreme Court Declares Class Action Arbitration Waivers Enforceable
In a 5-4 decision on May 21, the Supreme Court of the United States ruled that arbitration agreements providing for individualized proceeding are enforceable and do not violate either the Federal Arbitration Act (“FAA”) or the National Labor Relations Act (“NLRA”).
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In Epic v. Systems Corp. v. Lewis, 584 U.S. 
U.S. Supreme Court Holds Service Advisors are Exempt from the FLSA Overtime-Pay Requirement
Under the Fair Labor Standards Act (FLSA), employers must pay overtime to covered employees who work more than 40 hours in a week. The law, however, exempts many categories of employees, among whom are employees at car dealerships. Congress narrowed the exemption to cover sales and parts employees, and mechanics primarily engaged in selling or servicing automobiles and other vehicles. For years, the law was understood to exempt service advisors.
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10th District Court of Appeals Finds Radiculitis May Be a Compensable Condition
In Ellis v. Columbus Developmental Center, 2018-Ohio-933, the claimant moved to allow her claim for lumbar radiculitis, as well as lumbar disc herniations at two levels. Administratively, the Commission denied the claimant’s motion, leading the claimant to appeal to court pursuant to R.C. 4123.512.
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Ninth District Court of Appeals Holds Modification of a Parking Brake Amounts to Removal of a Safety Guard
In Seaton v. City of Willoughby, 2018-Ohio-77, an employee of the City of Willoughby, who was an operator of an asphalt roller, died while working on a paving project to patch potholes. While parked on a hill, the asphalt roller unexpectedly began to roll down a hill, causing the employee to jump off the roller. The employee hit his head and he subsequently died from his injuries. The administrator of his estate filed a wrongful death action.
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