Ohio Employment Law Updates 2020

As you can see, it`s been a busy year so far in states and localities when it comes to labor law. Changed whistleblowing process: Last summer, Oregon amended its Secure Employment Act (OSEA) and created a rebuttable presumption of unlawful discrimination if an employer takes adverse employment action against an employee or prospective employee within 60 days of engaging in certain protected activities defined by law. Protected activities include: 1) resistance to any practice prohibited by OSEA; (2) file a complaint, initiate a proceeding or testify in or relating to a proceeding under the jurisdiction of the OSEA; (3) the exercise of the rights granted by the OSEA; and (4) make a good faith report of an attack that occurred on the premises of a health sector employer or in the home of a patient using home health services. Effective April 1, 2022, Oregon Bureau of Labor and Industries (BOLI) regulations will implement this change, reducing the time period during which an injured employee must contact BOLI`s Civil Rights Division in the event of a violation from 90 days to one year. Ariel serves businesses of all sizes and helps employers resolve allegations of discrimination and other disputes before administrative authorities, and provides pre- and ongoing litigation support for a variety of employment issues. Ariel also offers eDiscovery expertise, including reviewing more than half a million documents. In Hassler v. Circle v. Res., the Wyoming Supreme Court held that public order law and the Black Letter Treaty precluded Wyoming courts from reviewing otherwise unenforceable non-compete obligations.

The court stated that a non-compete obligation is enforceable only if it: „(1) in writing; 2. part of a contract of employment; (3) on the basis of reasonable consideration; (4) reasonable length and geographic restrictions; and (5) are not contrary to public policy. Prior to Hassler, Wyoming adopted the „liberal blue pencil” approach to non-compete clauses, allowing Wyoming courts to reform and enforce noncompete to the extent that it is appropriate — even if it contained unreasonable conditions — unless the circumstances indicate bad faith or intentional transgression by the employer. According to Hassler, Wyoming employers can no longer rely on the courts to reform and enforce a non-compete obligation if any aspect of it is inappropriate. Therefore, employers should assess whether their current non-compete obligations would satisfy the legal review under the Hassler Standard. As we have reported more frequently in recent years, courts dealing with workplace discrimination lawsuits against churches, synagogues and other religious organizations have created an exception that excludes claims by „ministry” employees challenging the employer`s hiring and firing decisions. In our article earlier this week, we covered recent developments in state and local labor laws in states at the top of the alphabet. We now turn to developments in other countries. The Federal Arbitration Act (FAA) enforces certain arbitration agreements that affect federal law, including certain labor disputes and claims against employers under the Employee Retirement Income Security Act of 1974 (ERISA). But is an arbitration agreement that prohibits a person from seeking legal protection under federal law still enforceable? The 7th District has recently looked into the issue. Ariel advises and represents clients in all aspects of employment law, with a focus on multi-state issues and the impact of marijuana legislation on the workplace. Ohio Minimum Wage – Revised with the new 2020 minimum wage and cancelled minimum wage rates.

Under the Uniformed Service Employment and Re-Employment Rights Act (USERRA), a worker may take unpaid leave to perform federal or state military service. Upon the employee`s return, he or she must not be discriminated against and must be reinstated. All businesses with employees in Ohio are required by state and federal labor laws to post labor law signs in a conspicuous place. Labour laws change frequently, necessitating the updating of labour law posters. Below are past and recent mandatory labour law updates that require employers to publish the latest version of these posters. Labor laws in Ohio require an employer to pay overtime to its employees. In the absence of an exemption, each hourly worker receives 1 1/2 times his or her regular rate of pay if he or she exceeds 40 hours of work in a work week. However, there are exceptions to Ohio`s overtime laws, and not all employees are eligible to earn them. For example, employees are exempt from overtime protection and, since they are not hourly workers, they are not entitled to overtime protection. Many employers offer paid time off to an employee. This can take the form: although there is no obligation under the law to do so.

There are no federal or state laws in Ohio that require paid time off. Employers are required to extend leave without pay for reasons such as medical, family, military and other leave. Jury duty and election leave are also included in the leave without pay requirements under federal and state law. Ariel knows all aspects of the federal and state governments well. Ohio Minimum Wage – Updated to reflect the new minimum wage rate of $8.30 per hour for 2018. The changes to Ohio`s overtime law will take effect on June 6. July 2022 and harmonize Ohio law with the federal Fair Labor Standards Act. In a welcome change for employers, SB 47 adopts the FLSA`s „opt-in” requirement for individuals seeking to join a compensation and hours lawsuit, eliminating hybrid class/class and class wage lawsuits and hourly lawsuits that combined „opt-in” classes for federal claims and „out-out” plaintiffs for Ohio state claims. SB 47 also amends Ohio`s minimum wage law, effectively adopting the wording of the federal portal-to-portal law, which exempts certain activities from the definition of hours worked.

In particular, under Ohio law, the following activities are no longer considered hours worked: (a) time spent on the way to work, (b) preparatory or retrospective activities; and (c) activities that require insignificant or insignificant periods beyond the employee`s scheduled hours of work. Ohio labor law, which mirrors federal law, states that a 30-minute break must be continuous. An employer cannot require an employee to perform work-related tasks, such as answering the phone during a break. Q Can an employer ask about their COVID-19 vaccination status when interviewing potential employees? Edward H. Chyun, Shannon K. Patton, Alex R. Frondorf and Trevor J. Hardy are attorneys at Littler in Cleveland. © 2022 Small.

All rights reserved. Republished with permission. There are no specific labor laws in Ohio governing training, time spent in meetings or conferences. Federal laws apply under the Fair Labor Standards Act, and Ohio is seeking advice from federal labor regulations. Ohio`s minimum wage for 2012 is now reflected on the minimum wage poster, Minimum Wage Increase for All Inclined and Non-Inclined Employees, reflecting the Consumer Price Index (CPI) report Ohio`s labor laws are designed to protect workers and employers.8 min read Ohio`s minimum wage is currently $8.15 per hour when the employer`s gross earnings exceed $299 $000 per year. This is higher than the federal minimum wage of $7.25 per hour. Minimum wage laws vary from state to state. If an employer`s annual income is below the $299,000 threshold, an employer is legally entitled to adopt the federal standard and pay employees an hourly wage of only $7.25.

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