Human Resources

This week, Ohio Department of Job and Family Services (ODJFS) Director Matt Damschroder testified before the Ohio House that Ohio’s unemployment trust fund could be insolvent in coming years.

Speaking to the House Public Insurance and Pensions Committee, Damschroder told lawmakers that the 1.7 billion dollar unemployment trust would become insolvent by 2032 with no action taken.

Damschroder explained that if the U.S. were to enter a recession, the timetable for insolvency would be expedited. State law sets a minimum safe level for the trust of $4.4 billion in order to endure a recession. 4/30/2025

The Trump Administration recently rolled back a Biden-era executive order tying federal funding for clean energy and infrastructure projects to pro-union commitments.

Under Biden’s order, federal backing for infrastructure and investment projects was prioritized for employers who followed pro-labor initiatives. These included positive labor-management relations, collective bargaining agreements, and union organizing neutrality, among others.

Read these insights from OMA Connections Partner Fisher Phillips on the background of Biden’s order, what this move signals for the Trump Administration, and how this will affect employers. 3/5/2025

A recently introduced bill in the Ohio House would phase out subminimum wage for workers with disabilities.

House Bill 255, introduced by State Representatives Dontavius Jarrells (D-Columbus) and Tom Young (R-Washington Township) would require employers to phase out, over a period of five years, paying any worker whose disability or injury impairs their ability a wage lower than the state minimum wage. The bill would also require employees hired after this five-year period to be paid at the state minimum wage or above.

The OMA is currently putting together an analysis of the bill. If your company would be affected by this legislation, please reach out to James Lee. 3/5/2025

The Ohio Senate this week passed a bill that would extend the number of hours teenagers can work during the school year with written permission from their parents and school administrators.

Senate Bill 50, introduced by State Senator Tim Schaffer (R-Lancaster), allows 14- and 15-year-old students to work until 9 p.m. year-round, instead of only until 7 p.m.

Under current law, workers under the age of 16 cannot work past 7 p.m. on school days. Students over the age of 16 are allowed to work until 11 p.m. on school nights. The bill now heads to the Ohio House for consideration. 3/5/2025

Ohio Senators Louis Blessing (R-Cincinnati) and Bill DeMora (D-Columbus) have introduced a bill that would prohibit non-compete agreements in Ohio between employers and employees.

Senate Bill 11 would allow employees to take legal action against employers enforcing such agreements while also granting the attorney general authority to intervene.

The OMA has led the charge in opposing similar policies in the past, most notably the FTC’s proposed ban on non-compete agreements that was struck down by federal courts last year. The OMA will advocate against this latest ban and will continue to update manufacturers on the status of the bill. 4/1/2025

The Trump Administration last week dismissed two Democratic Commissioners of the Federal Trade Commission (FTC) in a move to further bring the agency more in line with his policy agenda.

While the FTC largely handles matters of consumer protection, the last few years have seen the agency reach into employment-related issues, such as non-competes, data privacy, and AI.

OMA Connections Partner Fisher Phillips has created a breakdown of how Trump’s dismissals can shape the FTC’s regulatory policy in the coming years. 3/26/2025

A bill in the Ohio Senate would increase the number of hours teenagers could work during the school year.

Senate Bill 50, introduced by State Senator Tim Schaffer (R-Lancaster), allows 14- and 15-year-old students to work until 9 p.m. year-round, instead of only until 7 p.m.

Under current law, workers under the age of 16 cannot work past 7 p.m. on school days. Students over the age of 16 are allowed to work until 11 p.m. on school nights. 3/19/2025

This week, the Senate confirmed former Oregon Republican Congresswoman Lori Chavez-DeRemer to serve as the Trump administration’s Secretary of Labor. She will lead the agency in charge of enforcing workplace protection laws, such as those governing wages, union relations, occupational safety, seasonal foreign employees, and retirement investment advisors.

Chavez-DeRemer won Senate approval despite concerns from the business community and Republicans regarding her past support of the PRO Act, which would have broadly overhauled federal labor law in favor of unions and workers.

OMA’s Connections Partner Matt Austin foresees Chavez-DeRemer upholding many of the Biden Administration’s anti-employer policies and rulings based on her record in Congress. 3/10/2025

This week, the OMA testified before the Senate Judiciary Committee on Senate Bill 11, legislation that would create sweeping prohibitions on several common business agreements, including non-compete clauses, reimbursement agreements, and reasonable financial penalties for premature contract termination.

During testimony, the OMA highlighted the importance of these clauses, specifically non-competes, which are vital to protecting trade secrets, fair competition, and investments in workforce development. 3/5/2025

A federal judge last week blocked portions of the Trump administration’s executive orders targeting diversity, equity, and inclusion programs.

U.S. District Judge Adam Abelson cited that the executive orders were too vague to be enforced, failing to define operating terms such as “DEI” or “DEIA policies.”

Following the block, OMA Connections Partner Fisher Phillips created a breakdown of the executive order, the reasons behind the ruling, and what companies can do while the lawsuit plays out. 2/22/2025

A recently published article in the Cincinnati Enquirer profiled how certain Ohio corporations are responding to political pressure against diversity, equity, and inclusion policies (DEI). While the article points out DEI is not a legal term, it is more a concept utilized by human resources professionals, companies are responding in different manners in part based on their contracts with the federal government. The OMA staff and counsel are monitoring the issue. 2/20/2025

Senators Louis Blessing (R-Cincinnati) and Bill DeMora (D-Columbus) recently introduced SB 11, a bill that would prohibit non-compete agreements in Ohio between employers and employees. The legislation would allow employees to take legal action against employers enforcing such agreements while also granting the attorney general authority to intervene.

The OMA led the charge in opposing similar policies at the federal level, most notably the FTC’s proposed ban on non-compete agreements that was struck down by federal courts last year. The OMA will advocate against this latest ban attempt in order to protect these essential agreements that serve as a critical tool in protecting manufacturers’ trade secrets and incentivizing investment in critical employees. 2/13/2025

The Trump administration’s executive orders that take aim at DEI efforts in the private sector and the federal government have received their first legal pushback on Monday, with plaintiffs arguing the actions taken are “unconstitutional.”

The plaintiffs claim that DEI principles are critical to their missions, programs, and work in service of students, research and academic inquiry, restaurant workers, and everyday citizens.

OMA Connections Partner Fisher Phillips has created a breakdown of Trumps order, the lawsuit filed, and what employers need to know and pay attention to as the lawsuit moves forward. 2/5/2025

Last week, President Donald Trump issued an executive order targeting diversity, equity, and inclusion (DEI) initiatives in both the federal government and private sector. The order directs federal agencies to “combat illegal private-sector DEI preferences, mandates, policies, programs, and activities” and to encourage private employers to instead implement the Trump administration’s policy of “individual initiative, excellence, and hard work.”

OMA Connections Partner Fisher Phillips has broken down the order, as well as laid out several first steps employers can take following the order. 1/23/2024

The Federal Trade Commission on Tuesday released an interim report this week alleging pharmacy benefit managers (PBMs) have driven up costs for customers and employers. The report finds $7.3 billion in upcharges between 2017 and 2022.

The agency found that the big three PBMs are charging enormous markups on dozens of lifesaving drugs. The biggest middlemen — CVS Caremark, OptumRx, and Express Scripts — are part of huge health conglomerates that also own insurers, pharmacies, and providers such as doctors’ offices. Read more about drug middlemen. 1/14/2024

A second strike at U.S. maritime ports appears to have been averted as unions and employers reached a deal early Thursday.

According to Reuters News, union and employers referred to the agreement as a “win-win,” stating that the deal includes a resolution to the automation issue, which had been the thorniest issue on the table. 1/9/2024

In the year’s closing session, Ohio lawmakers passed House Bill 106, also known as the “Pay Stub Protection Act.” HB 106 will require employers to provide their workers with a pay stub or access to a pay stub.

Bill sponsors say the bill was necessary to protect against reported instances of wage theft within their constituencies. 12/18/2024

In a last-minute move, the U.S. Senate on Wednesday rejected Democratic President Joe Biden’s nomination of a U.S. labor board official for a new term, giving President-elect Donald Trump a chance to cement Republican control of the agency soon after taking office. Senators Kyrsten Sinema and Joe Manchin voted against confirming Democrat Lauren McFerran to a third term as chair of the National Labor Relations Board (NLRB).

“The OMA applauds the Senate’s action in rejecting McFerran’s nomination. This is a win for employers,” said OMA managing director of public policy James Lee.

Manchin cited opposition to McFerran’s support for the “joint-employer rule.” The vote is a major blow to labor, freeing up the Trump administration to push for more pro-employer policies. 12/12/2024

2024 emphasized just how important data security is for manufacturers, but not all data breaches are the result of malicious actors. Protecting your organization from both external threats and internal human error, and learning to distinguish between the two, is critical.

OMA Connections Partner BSI has created a document on how to distinguish between malicious and non-malicious data breaches and steps organizations can take to understand and prevent these from happening. 12/5/2024

Last Friday, a federal court struck down the minimum salary threshold rule for certain overtime exemptions under the Fair Labor Standard Acts (FLSA). This not only halted the Jan. 1 increase, but reversed the already-effective July 1 increase, turning back to the salary threshold outlined in the 2019 rule.

What does this mean for employers? As of last Friday, employers need not pay overtime to employees who are paid a salary of at least $684 per week and meet the other requirements under the duties tests for the administrative, professional, or executive exemptions. In addition, employers planning for the Jan. 1 increase need no longer do so. 11/15/2024