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Ennis Britton Co., L.P.A.

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Labor and Employment

Ohio Court Upholds Picketing at Homes and Places of Employment of Public Officials

January 15, 2021 by Gary Stedronsky

The Ohio Court of Appeals for the Eleventh Appellate District recently addressed a dispute between the Portage County Educators Association for Developmental Disabilities-Unit B, OEA/NEA and the Portage County Board of Developmental Disabilities.   During a labor dispute, members of the union picketed on sidewalks outside the private residences of six Board members and outside […]

Filed Under: General, Labor and Employment Tagged With: free speech, labor relations dispute, picketing, SERB

Court of Appeals: Terminated Teacher Cannot use Mandamus to Overcome a Failure to File an Administrative Appeal

December 1, 2020 by Ryan LaFlamme

The Third District Court of Appeals of Ohio has affirmed the decision of a trial court granting summary judgment in favor of a board of education against a teacher seeking reinstatement through a mandamus action. Click here to see the case. The teacher was in the Resident Educator Program. At the time, teachers were required to […]

Filed Under: General, Labor and Employment Tagged With: nonrenewal, Teacher Termination

FFCRA leave guidance changes now effective

September 16, 2020 by Hollie Reedy

DoL issues new rule interpreting FFCRA leave provisions, including intermittent leave and notice of leave.

Filed Under: COVID-19 (Coronavirus), General, Labor and Employment Tagged With: Coronavirus, Department of Labor, EFMLEA, EPSLA, families first coronavirus response act, FFCRA, FMLA, FMLA leave

Court Denies Unemployment Benefits to Striking Employees

August 14, 2020 by Ryan LaFlamme

In somewhat of a novelty decision, the Fifth District Court of Appeals of Ohio has upheld a trial court decision affirming the denial of unemployment benefits to 51 non-teaching employees who went on strike after OAPSE and the Board of Education were unable to reach an agreement on a successor contract. In Ohio, employees are […]

Filed Under: General, Labor and Employment, Unemployment

Schwendeman v. Marietta City Schools

June 29, 2020 by Erin Wessendorf-Wortman

The United States District Court for the Southern District of Ohio recently ruled in favor of a school district when an employee brought disability discrimination and retaliation claims after he was terminated for working for the local police department while being out on sick leave. Schwendeman v. Marietta City Schools, S.D. Ohio No. 2:18-CV-588, 2020 […]

Filed Under: Board Policy & Representation, General, Labor and Employment Tagged With: Disability, paid sick leave, Schwendeman v. Marietta City Schools, sick leave

U.S. Supreme Court: Title VII Prohibits Termination Based on Sexual Orientation

June 18, 2020 by Bronston McCord

On June 15, 2020, in the consolidated matters of Bostock v. Clayton County, Georgia, Altitude Express v. Zarda, and R.G.& G.R. Harris Funeral Homes v. EEOC, et al, the United States Supreme Court ruled in a 6-3 decision that an employer who fires an individual employee merely for being gay or transgender violates Title VII […]

Filed Under: General, Labor and Employment, Legislation

Tenth Appellate District: Workers’ Compensation

June 16, 2020 by Ryan LaFlamme

Workers’ Compensation practitioners and school benefits employees alike know that temporary total disability, and particularly the concept of voluntary abandonment of employment, are difficult areas of Workers’ Compensation law in Ohio. The Tenth Appellate District could not have framed the difficulty more succinctly than it did in a recent decision wherein the Court stated the […]

Filed Under: General, Labor and Employment, Workers’ Compensation Tagged With: BWC

Revised Orders Issued by the Ohio Department of Health Director

May 5, 2020 by Pamela Leist

On April 30th, 2020, the Ohio Department of Health Director, Dr. Amy Acton, issued two revised orders that will impact school operations at least in the short term. These orders will cover school operations through June 30th at a minimum. It’s a wrap – concluding school operations for 2019-2020. The first order directs schools to […]

Filed Under: COVID-19 (Coronavirus), General, Labor and Employment, School Management

COVID-19 Update: Changes in Unemployment Law

March 27, 2020 by Ryan LaFlamme

Districts should expect to see a rise in unemployment claims due to the current pandemic. Ohio received 187,000 claims during the week of March 15-21. Substitutes, in particular, are likely to make claims during this time.  Governor DeWine has issued an order (EO 2020-03D) to ease the process of obtaining unemployment benefits. Employees who are […]

Filed Under: COVID-19 (Coronavirus), General, Labor and Employment, Unemployment Tagged With: Coronavirus, COVID-19, Pandemic

COVID-19 Update: Unemployment Coverage for Public Entities

March 26, 2020 by Robert McBride

Many public employers are considering staffing adjustments in light of the coronavirus and its impact on available work. For those employees not covered under contracts that must be paid in the case of an “epidemic or other public calamity” pursuant to RC 3319.08(B) and 3319.081(G), layoffs are being contemplated. In order to have all the […]

Filed Under: Labor and Employment, School Finance, School Management, Unemployment Tagged With: Coronavirus, COVID-19, Pandemic

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