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Employment Law

Diverse workplace can raise reverse-Discrimination risk

05/01/2008
Not many employers discriminate against members of the majority, but that doesn’t mean it never happens. In fact, white employees do file reverse-discrimination lawsuits, claiming they have been singled out for poor treatment or harassment due to their race. Ironically, a work force that is more diverse may be at greater risk for such lawsuits …

In discrimination cases, don’t bet on Round 1 knockout

05/01/2008
Discrimination cases typically have two stages. First, the employee must show that he is a member of a protected class, was qualified for the job he held, suffered an adverse employment action and a similarly situated person not in the same protected class was treated more favorably. Some federal trial judges recently construed the “similarly situated” standard very restrictively …

Noncompete must be reasonable and necessary to protect legitimate interests

05/01/2008
Many Ohio employers have employees sign noncompete agreements. But before you rush out to have everyone sign, understand that such agreements have important limits. One is that if you sue a former employee, you will have to show that the contract restrictions are reasonable and necessary …

OSU-Mansfield librarian sues over religious persecution

05/01/2008
Scott Savage, a former Ohio State University-Mansfield reference librarian, is suing the university over discrimination he says he suffered because of his Christian beliefs …

Gov. Strickland ends flextime for state employees

05/01/2008
Gov. Ted Strickland has put an end to flexible work hours for thousands of state employees, citing the need to provide full staffing during the traditional business hours of 8 a.m. to 5 p.m., Monday through Friday …

AAM strike rocks GM operations across North America

05/01/2008
A strike by workers at five American Axle & Manufacturing Holdings (AAM) plants in Michigan and New York led to temporary closures at more than a dozen General Motors plants in February and March. GM’s Moraine Assembly facility, south of Dayton, ran out of parts mid-shift within a week. GM laid off more than 1,800 workers at the plant …

New state law adds ‘Military status’ to protected classes

05/01/2008
The recently enacted Ohio Veterans Package amends the Ohio Civil Rights Act to bar discrimination based on “military status.” As a result, Ohio employers now face new legal requirements on both the state and federal fronts for how they treat military employees and their families …

Revise confidentiality policy to omit any hint it covers wages

05/01/2008
It’s considered impolite in many circles to discuss money, but don’t try to stop employees from talking about their pay. Setting a policy that prohibits employees from sharing information about hourly rates, salaries, bonuses or the terms of their employment could violate the National Labor Relations Act—even if your employees do not belong to a union …

Downsized Work Force, Supersized Liability: The Legal Risks of Layoffs

04/29/2008
Whether we’re in slowdown or a full-blown recession, many employers may be contemplating job cuts to cope with tough economic times. But employers that downsize the wrong way may end up spending more on litigation than they save on labor costs. To avoid a costly court fight, know your WARN Act compliance responsibilities.

You smoke, you’re fired! Lessons from the Whirlpool Case

04/29/2008
The dangers of smoking are well documented: heart disease and cancer, shorter life expectancy, higher health care expenses. Now add another risk: As workers in Indiana just found out, smoking could get you fired. Was their employer justified in taking action, or did it step into a legal quagmire?