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Ohio bill that would strip public employees of bargaining rights, right to strike passes Committee; full House vote expected soon

The Ohio House Commerce and Labor Committee passed a bill March 29 limiting the collective bargaining rights for the state’s 350,000 workers, setting the stage for passage of the bill by the full House. Although the Committee amended the bill in an effort to win more support, it is still likely to be the subject of a referendum within the next two years.

According to published reports, an amended Senate Bill 5, which the state senate passed earlier this month by one vote, would allow Ohio voters to reject public-union contracts if leaders pick a contract that would be paid for with a tax increase, would allow workers to refuse to pay dues to unions, would eliminate binding arbitration for police and firefighters and would prohibit public employees from striking. However, according to reports, the amended bill struck provisions requiring jail time for striking workers.

In addition, the bill would require public employees to pay at least 15 percent of their health care benefits and would bar unions from negotiating over those benefits, working conditions, including building assignments and staffing sizes.

Employee who rejected telework offer was responsible for breakdown of interactive process

October 23rd, 2020

By Brandi O. Brown, J.D.
He rejected the offer as “not a good option” for accommodating his allergic reactions but failed to explain why.
An EPA employee, who rejected telework as an accommodation for his allergic reactions to the office environment, was the reason the interactive process broke down, a federal district court in [Read more...]

OFCCP’s RFI offers contractors a voluntary compliance route under President Trump’s controversial diversity training order

October 23rd, 2020

By Pamela Wolf, J.D.
The agency will exercise enforcement discretion to leave contractors alone if they correct any training and materials found “noncompliant.”
The DOL’s Office of Federal Contract Compliance Programs is asking for comments, information, and materials from the public about workplace trainings that involve race or sex stereotyping or scapegoating. The [Read more...]

Sheet metal assembler fired after seizure disorder diagnosis advances ADA claims

October 22nd, 2020

By Kathleen Kapusta, J.D.
None of the decisionmakers in the termination decision apparently considered the frequency or likelihood of the employee having a seizure or sought input from her doctor on those issues.
Citing evidence that a sheet metal assembler who was fired after her employer determined it was not safe for [Read more...]

Employee not required to arbitrate status as ‘aggrieved employee’ to bring PAGA claim

October 22nd, 2020

By Ronald Miller, J.D.
The employer’s reasoning would “harm the state’s interests in enforcing the Labor Code and in receiving the proceeds of civil penalties used to deter violations,” particularly for violations where there is no private right of action.
An employee was not required to arbitrate whether he was an “aggrieved [Read more...]

Dealership’s use of dismissed criminal conviction to terminate employee creates fact issue

October 21st, 2020

By Ronald Miller, J.D.
The Labor Commissioner presented evidence sufficient to prove that the employer was aware or had reason to believe that the employee’s criminal conviction had been judicially dismissed.
A trial court erred in granting an employer’s motion for nonsuit in an action brought by the Labor Commissioner on behalf [Read more...]