Lee provides clients with prompt, practical and usable legal advice. His goal is to make your problems become his problems. That way you can focus on running your business and sleep a bit better at night. Lee helps public and private ...
What once was old is new again. For those living in caves or remote parts of the world without internet access: there was an election in the United States this week. We will have a new President. Well, not exactly “new.” Maybe a new old President? Or is it an old new President? Or perhaps an old old President? Who’s to say? Regardless, the point is ...
In breaking news that will surprise … absolutely no one, a federal judge ruled yesterday that the FTC overstepped its authority when it issued a sweeping national ban on non-compete agreements. The decision came out of Texas – aka the state where all federal rules go to die. The judge wrote: “In sum, the Court concludes that the FTC lacks ...
In news that will surprise absolutely no one, the US Chamber of Commerce has already filed a lawsuit trying to block enforcement of the FTC’s non-compete ban. The lawsuit was filed in … wait for it … Texas – the state where businesses go to fight governmental overreaches like this. Those who were in HR roles in 2016 will recall the ...
In the words of famed legal scholar, Porky Pig, “That’s all Folks.” The OSHA mandate for employers with 100 or more employees is dead effective today. What? Really? Yes. OSHA published a notice today indicating that it is withdrawing its emergency vaccine or test mandate first published in November. Essentially, OSHA saw the writing on the ...
It’s on. It’s off. It’s on again … and this time they really mean it. Maybe. Probably possibly for sure. Clear as mud, right? Under the cover of darkness Friday night, the 6th Circuit Court of Appeals in Cincinnati lifted the “stay” on the OSHA Vaccine mandate. OSHA actually took a victory lap at midnight Friday night while opponents ...
When I was in second grade, my favorite books were “choose your own adventure” books. “If you want John to go into the cave to search for the secret skull, turn to page 16. If you want John to run away like a little chicken, turn to page 128.” I was in complete control of my character’s destiny. No author was going to tell me what to do. I had ...
T’was the Night before Christmas
And all through the House (and Senate)
All the creatures were stirring
Our hopes they won’t douse
They wrote and they wrote
The bill was quite long
All finally agreed
What more could go wrong?
Trump said: “I hate it!”
“It’s not big enough.”
And further he said:
“And it’s all filled with fluff.”
He ...
By: Lee Geiger & Laura Caty
As a result of the 2020 election, four more states—Arizona, New Jersey, Montana, and South Dakota— are legalizing the recreational use of marijuana. Fifteen states and the District of Columbia now permit people to grow and consume marijuana to varying amounts. Thirty-six states and the District of Columbia have ...
Although they are still counting votes in some states and legal challenges loom, it appears that Joe Biden will be the next President of the United States. Regardless of your politics, all Americans are asking the same question: “What does this mean for me?”. If you work in Human Resources, it is fair to expect that there will be changes, but how ...
Who’s tired of 2020? Me! Me! Me! COVID gave us a bit of a reprieve for the summer months, but now seems to be back with a vengeance. New cases are higher than ever across the world. Parts of Europe are shutting down again. US cases and hospitalizations keep going up. You don’t have to read the news to know that cases are increasing … just ask any ...
For those following along at home, you are most certainly aware of the heavyweight battle going on between the Department of Labor (DOL) and the State of New York over the FFCRA regulations. If you need a visual, think of the nerd version of Tyson v. Holyfield – lots of words flying around but no one loses an ear. Lots of papercuts, but no black eyes. You ...
Written By: Gus Lazares
It seems hard to believe, but as America returns to work, many employees will start reaching the end of their emergency benefits under the Families First Coronavirus Response Act (FFCRA). While returning to work is a welcome development, employers need to be prepared to navigate their employees’ transition back from ...
Written By: Gus Lazares
You’re an employer trying your best to stay afloat during the chaos of COVID-19. You have applied for your PPP loan, implemented CDC guidelines in the workplace, and checked the Graydon COVID-19 website regularly. Your business has changed a lot, and now it is time to update your employee handbook and internal policies ...
Written By: Gus Lazares
Employers across the country are excited to get back to work! In some states, retailers have already opened, and restaurants will soon begin a phased reopening of their outdoor and indoor seating areas. But when businesses flip their signs from “Closed” to “Open” will the employees return along with the customers?
Finally! We have some answers. After what seems like an eternity (but was actually only 11 days), the Department of Labor (“DOL”) has issued more guidance for employers on how to implement the new Paid Sick Leave and Emergency Family & Medical Expansion leave.
The DOL’s guidance again comes in a Q&A format. The DOL built upon the prior 14 ...
Julie R. Pugh & Lee P. Geiger
Well, the DOL graced us with another short night of sleep by publishing updated guidance giving both employers and employees additional information on the March 18, 2020 Family First Coronavirus Response Act (FFCRA) late last night.
The FFCRA, among other provisions, requires employers with less than 500 ...
Julie R. Pugh & Lee P. Geiger
As this past week (or month, which is really what it has felt like) has shown us, it’s that the one thing constant in our reaction to this pandemic is CHANGE. Here’s the latest from Graydon. Keep in mind to “Stay Tuned!”
Each employer should be readying to support employees who will be affected by this virus. The ...
Lee Geiger & Samantha Rittgers
Finally … we have some direction from Congress and the President about the rumored paid leave law to assist employees affected by COVID-19. The new law is the Families First Coronavirus Response Act. In addition to the many parts that address funding and the economic impact of COVID-19, it has two substantial ...
Is Coronavirus a hoax or a sure sign that the apocalypse is near? Who knows!!! Certainly not this lawyer. I went to law school for a reason … there was no chance I’d ever make it as a doctor. I pass out at the sight (or even thought) of blood. Seriously. Just ask my wife. I’m sure she would be happy to tell you the story. Be prepared for a good laugh.
The ...
Julie R. Pugh & Lee P. Geiger
As many of you may know, I am a handbook nerd. I think handbooks and the policies contained within are wonderful (ask me about how each handbook is both a sword and a shield). Company policies are as varied as the printing on wrapping paper, and can be edited in more ways than you can ever tie a pretty bow. One of the nagging ...
Julie R. Pugh & Lee P. Geiger
In many settlement and severance agreements, we often ask our clients if they want to include a “no rehire clause.” The provision does not mean that the employee can’t apply, it just says that the company has no obligation to reemploy the person once the two parties have a contractual parting of the ways (hence, we ...
Julie R. Pugh & Lee P. Geiger
Are Wage and Hour issues a complete mystery to you? Solve the mystery with clues from Lee Geiger and Julie Pugh at the 2019 Ohio SHRM Conference: September 18-20!
Lee and Julie will present on Friday, September 20 at 10:00am & 11:15am. Join them to "Get a Clue about Wage and Hour Issues..." because it's not a game anymore.
Julie Pugh, David Stewart, & Lee P. Geiger
The value of diversity in leadership continues to energize HR leaders’ broad initiatives and day-to-day decision making. Forward-thinking companies routinely implement diversity initiatives, employ diversity and inclusion managers, and host diversity programming. However, HR leaders ...
Whitney Glover , Julie Pugh, & Lee P. Geiger
Picture the start of a typical work day. You head over to the breakroom, grab your morning coffee, and walk back to your desk. As you pass by a manager’s office, you overhear a bit of a conversation between the manager and an employee: “Tasha, you really need to be aware of your tone when interacting with ...
Well…we finally have some indication from the DOL on how it intends to update Fair Labor Standards Act (“FLSA”) regulations covering overtime exemptions for employees who fit into the “white collar” exemptions for Executive, Administrative and Professional employees. The overtime threshold, currently at $23,660/year or ...
Julie R. Pugh & Lee P. Geiger
Yesterday, March 4, 2019, a federal D.C. Circuit judge ordered the EEOC’s pay data collection initiative to be reinstated. As a refresher, generally all private employers with more than 100 employees and all federal contractors (with 50 or more employees and a contract with the federal government worth more than ...
Special thanks to Christina Rogers for writing this week’s blog.
During election season, it’s easy to get caught up in the drama and the television ad game show “Who is More Corrupt?” You might even be so caught up that you forget (or weren’t even aware of) the impact Election Day may have on your workforce. Now more than ever we seem to ...
Special thanks to Christina Rogers for writing this week’s blog.
This year the U.S. Immigration and Customs Enforcement agency (ICE) carried out two of its largest workplace raids in nearly a decade. No, these raids were not in California, New York, Florida, or any of the other typical states that come to mind. These raids took place in OH-IO.
Special thanks to Christina Rogers for writing this week's blog.
While we have not yet gotten to the world portrayed in the Will Smith film I, Robot, artificial intelligence (AI) is here (and likely for good).
We have all seen examples of AI growing around us, from Amazon’s Alexa to the smartphone in your pocket that seems to be getting just a little ...
It is now legal to use medical marijuana in Ohio. The law went into effect on September 8, 2018 with little fanfare. Employers across the state are asking questions. Here are answers to some of the most common questions we’re hearing from clients:
- Do I have to allow employees to use medical marijuana? NO
- Can I allow employees to use medical ...
Julie R. Pugh & Lee P. Geiger
I was one of those unusual students who actually liked doing homework. Rarely a procrastinator, I tackled the take-home assignments as quickly as possible. My historical study habits kicked in again on August 28, 2018, when the Department of Labor dropped six new Opinion Letters including two on the FMLA. The sun was ...
In its quest to remain relevant, the NLRB has issued many decisions over the last several years that impact both unionized and union-free companies. More and more, union-free companies are finding themselves on the wrong end of Unfair Labor Practice (“ULP”) charges. It seems that no company is outside the reach of the NLRB. It has become the ...
The National Labor Relations Board released new advice memorandums on Friday, July 13. Despite the ominous date, the memos were not scary for employers. NLRB advice memos are essentially guidance for regional directors who have questions about cases before them. One of the memos, pertaining to the Lyft. Co., found that Lyft's rules regarding ...
As discussed in a previous post, the Trump Administration is committed to taking an aggressive stance on worksite enforcement actions. Last month the U.S. Immigration and Customs Enforcement (“ICE”) agency announced that in the first seven months of this fiscal year, worksite enforcement cases have already doubled the number of cases from ...
25 million employees have signed employment contracts containing arbitration clauses and waivers that bar the employee from filing a class action lawsuit. Many employers favor arbitration provisions because they believe arbitrations to be quicker, cheaper, and more efficient than traditional litigation. There is anecdotal evidence on ...
Wage Garnishments! How exciting! Not buying the enthusiasm? Me either. Garnishments just might be the most boring wage & hour topic ever. Nonetheless, most employers will have to deal with employee wage garnishments at one point or another. It might be for child support, alimony, taxes or an employee with bad debt. Regardless of reason, it is ...
Julie R. Pugh & Lee P. Geiger
When I received the announcement that the DOL released - not just one but THREE - long-awaited, brand spanking new Opinion Letters, I held my breath. Giddy with excitement (because I’m a huge nerd), I clicked on the one that hinted at an FMLA and FLSA intersection. The DOL was going to address two of my favorite laws in the ...
Yes, you read that title correctly. Yesterday afternoon, the Department of Labor (“DOL”) actually did something that will help employers understand their obligations under the Fair Labor Standards Act. Really! For the first time in nearly a decade, the DOL issued new opinion letters to offer guidance for employers on three topics: (1 ...
Julie R. Pugh & Lee P. Geiger
Many companies and students benefit from the internship relationship, especially in the summer. Interns gain invaluable (#IRL) experience and businesses learn from the ideas and contributions of the interns. My first interaction with an intern is often to ask, “Hey, teach me something that makes me look cool” ...
Well … it’s been 15 months since a judge in Texas put the Obama Administration’s updated Fair Labor Standards Act (FLSA) regulation changes on hold and we’re no closer to knowing where things will end up. The most significant change would have more than doubled the salary threshold for employees to be considered exempt. Employers across ...
Julie R. Pugh & Lee P. Geiger
I am thrilled to be a guest blogger for our esteemed Employee Benefits group! As a Labor and Employment attorney, I work with our Benefits team on a variety of issues, including leave of absence management. Usually, a tax provision would not excite me in the least. However, a tax code that allows for a business credit for ...
It all began with Harvey. Last week, Matt Lauer and NBC shared the “spotlight.” This week has been busy, too. Congressman John Conyers resigned on Tuesday and Al Franken announced today he is resigning from the Senate. Will Bob (or Sally) at your company be next to make the news? While your business may not have the notoriety of Hollywood or NBC, it ...
It’s been a good week for employers – at least from a governmental regulation perspective. Yesterday, we wrote about relaxed enforcement of the EEOC’s EEO-1 form requirements. That means employers will not need to provide wage data on EEO-1 forms to be submitted by March 31, 2018. (Click here for yesterday’s article.)
We had no sooner ...
That noise you just heard? It was employers across the country breathing a collective sigh of relief. The federal government’s Office of Management & Budget (“OMB”) announced this week that it is delaying enforcement of the wage and hour analysis portion of the new EEO-1 form (Component 2 of the form). However, Component 1, which seeks ...
This week, Kentucky joined a growing majority of states across the country as a “Right to Work” state. This means employees in Kentucky cannot be forced to join a union and pay dues. The new law applies to all collective bargaining agreements (including extensions) entered into after January 7, 2017. The Right to Work law will not impact ...
Stop the presses? Maybe! A federal judge in Texas issued an injunction which temporarily halted the enforcement of the new FLSA overtime regulations. That means that employees properly classified as exempt under the current regulations (i.e., who satisfy BOTH the salary and duties tests) but whose salary did not reach the $47,476 threshold ...