Human Resources

Streamlined Employment Discrimination Law Takes Effect in April

OMA general counsel Bricker & Eckler has published a new summary of House Bill 352, recently enacted and OMA-supported legislation that will bring Ohio’s employment discrimination laws in line with federal law, thereby creating a more predictable and consistent system for employers and employees. The new law takes effect April 15 and will apply to discrimination claims filed on or after that date. 1/25/2021

Labor and Employment Webinars to Be Held Feb. 1-4

On Feb. 1-4, OMA Connections Partner Squire Patton Boggs will offer a free, four-day webinar series to examine labor, employment, business immigration, and employee benefits developments and trends, while exploring strategies for moving ahead. The series includes a session on Ohio’s recent employment law changes. Attend one, a handful, or all of the sessions. Register here. 1/26/2021

EEOC Reveals New Proposed Rules on Employer Wellness Programs

Earlier this month, under the Trump administration, the U.S. Equal Employment Opportunity Commission (EEOC) issued proposed rules on the incentives that employers are permitted to offer to encourage employee participation in company wellness programs. The Biden administration has withdrawn the proposed rules from publication in the Federal Register via a regulatory freeze.

OMA Connections Partner Calfee says that while the proposed rules may be revised before being finalized, they provide insight into the EEOC’s perspective on defining incentives under a participatory wellness program in order for those incentives to be considered voluntary. COVID-19 vaccination programs would be classified as participatory programs. Here is Calfee’s summary of the key provisions of the proposed rules. 1/28/2021

Employers Brace for ‘Sea Change’ in Labor Policies

With Democrats in control of the White House and both houses of Congress, the Biden administration is expected to aggressively push for changes in federal labor law, while issuing executive orders and implementing significant regulatory changes. (For perspective, the International Brotherhood of Teamsters has sent this list of demands to the administration.)

According to this new analysis from OMA Connections Partner Frantz Ward, employers and their counsel will need to monitor developments closely “and perhaps, in the not too distant future, change — yet again — their employee policies and handbooks to reflect a ‘sea change’ in labor policy.”

The firm notes that changes could be coming to laws or rules addressing unionization efforts, collective bargaining, fair labor practices, the federal minimum wage, overtime rules, classification of independent contractors, OSHA enforcement, and paid leave mandates. 1/21/2021

Report: Ohio Flags 840,000 Unemployment Claims for Potential Fraud

Gov. Mike DeWine and Lt. Gov. Jon Husted this week reported that they both recently received notices of unemployment claims made in their names — further proof that unemployment insurance (UI) fraud is widespread. According to the lieutenant governor, 44,000 traditional unemployment claims of 1.7 million were flagged for potential fraud, while 796,000 of 1.4 million claims under the federal Pandemic Unemployment Assistance (PUA) program were flagged.

This at a time when Ohio’s employer-funded UI trust fund is deeply in the red.

To help address the problem, Ohioans are asked to report instances of UI fraud. For other UI-related concerns and COVID-19 issues, the Ohio Department of Job and Family Services has created an employer resource hub.

Meanwhile, Ohio this week started issuing new weekly $300 federal PUA payments, authorized by the federal COVID-19 package passed in late December. 1/21/2021

On-Demand Webinar: Benefits Trends in 2021

COVID-19 has forced businesses to re-examine employee relations and cost containment. This free, on-demand webinar from OMA Connections Partner Paycor provides practical steps businesses can take to enhance employee safety, morale, and compliance during uncertain times. It also includes strategies to boost employee retention during the pandemic. 1/20/2021

Biden Boosts DACA Program

Through an executive order, President Joe Biden this week strengthened the Deferred Action for Childhood Arrivals (DACA) program, which protects from deportation immigrants brought to the U.S. as children. The order calls on Congress to provide permanent status and a path to citizenship for those immigrants.

Responding to the DACA action, National Association of Manufacturers President and CEO Jay Timmons said, “Manufacturers are very encouraged by today’s critical first step. … The broad goals of the Biden plan align with many of the core recommendations in ‘A Way Forward,’ manufacturers’ post-partisan roadmap for immigration reform.” 1/21/2021

Understanding Ohio’s Revised Non-Discrimination Laws

This week, Gov. Mike DeWine signed House Bill 352, OMA-supported legislation to bring Ohio’s employment discrimination laws in line with federal law, thereby creating a more predictable and consistent system for employers and employers.

OMA Connections Partner Calfee has published this summary of the new law, which takes effect 90 days following its signing. Among HB 352’s key provisions are reduced personal liability for supervisors and managers, and a shorter timeframe in which an employee can file a discrimination lawsuit. (OMA Connections Partner Dinsmore has also published a summary of the new law.)

Calfee will host a free webinar Jan. 28 at 9 a.m. to examine ways the Ohio’s revised non-discrimination laws may impact your business. 1/13/2021

What Employers Need to Know About Biden’s Labor Nominee

President-elect Joe Biden has nominated Boston Mayor Marty Walsh to be his secretary of labor. If confirmed, Walsh would be the first union member to fill this role in nearly half a century — a significant development given that the U.S. Department of Labor wields tremendous influence over workplace policy.

OMA Connections Partner Fisher Phillips has written this insight on what Walsh’s appointment could mean for employers. In short, the firm writes, “Get ready for a pendulum swing back toward worker-centered policy that employers last experienced during the eight-year Obama administration.” 1/13/2021

COVID-19 Vaccines: Issues for Employers to Consider

The arrival of the COVID-19 vaccine has sparked optimism amongst employers, but questions and the possibility of unintended consequences come along with it. OMA Connections Partner Roetzel is offering a free webinar at 11 a.m. on Jan. 28 to examine the ability of employers to mandate the vaccine, as well as the wisdom of doing so. 1/14/2021