Employment Law: Ohio and Federal: Federal Laws

2023 US Supreme Court court case holding that the NLRA does not shield strikers who fail to take “reasonable precautions” to protect their employer’s property from foreseeable, aggravated, and imminent danger due to the sudden cessation of work.

The Supreme Court decided in 2023 that the USPS had to reasonably accommodate religious beliefs against working on Sunday.

In 2023, US Supreme Court decided that supervisor making over $200,000 each year is entitled to overtime pay because the standalone regulatory exemption set forth in 29 C.F.R. § 541.601 remains subject to the detailed requirements of 29 C.F.R. § 541.604 when determining whether highly compensated supervisors are exempt from the Fair Labor Standards Act’s overtime-pay requirements.

An employee challenging a job transfer under Title VII must show that the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant.

15 USC Sec. 1671. This federal law puts restrictions on wage garnishment, which the states must follow. Therefore, in Ohio, the Ohio Revised Code generally applies.

Qualified pension, profit-sharing, and stock bonus plans

Taxation of employee annuities

Minimum employee retirement benefit participation standards

Deferred compensation plans of State and local governments and tax-exempt organizations

Fair Labor Standards Act. Maxium hours, includes reasonable break times for nursing mothers.

OCCUPATIONAL SAFETY AND HEALTH

Employee Retirement Income Security Act (ERISA)

Family and Medical Leave Act requires employers of 50 or more employees to give up to 12 weeks of unpaid, job-protected leave to eligible employees for the birth or adoption of a child or for the serious illness of the employee or a spouse, child or parent.

Americans with Disabilities Act - Employment

Title VII prohibits an employer with 15 or more employees to discriminate against an employee or prospective employee because of their race/color, national origin, sex, or religion. Also prohibits sexual harassment in the workplace and prohibit employers from discriminating against an employee or prospective employee because they are pregnant. Employers are also required to treat any leave requests by pregnant employees the same as they would a disabled employee and hold open a job for an employee absent due to pregnancy for as long as they would for an employee on disability leave.

FLSA permits unpaid internships even if employers benefit, 11th Cir. confirms in 2022 case.

The rule was published in the Federal Register on 4/23/24. It scheduled to take effect in 120 days, It will ban most noncompete clauses.

Equal Opportunity Commission Regulations

Salaried workers are eligible for overtime as of 4/26/24

Wage And Hour Division of the US Department of Labor

US Dept of Labor, Wage and Hour Division, FIELD ASSISTANCE BULLETIN No. 2024-1

3/22/23 Limits legality of nondisclosure and non disparagement clauses in severance agreements.

The Lanier Law Firm

USA Today 9/16/22

Nextgov.com

HR Dive 6/1/22