News and Analysis
New DOL “Persuader Rule” in Effect
May 13, 2016OMA Connections Partner, Bricker & Eckler, reports: “The Department of Labor’s (DOL’s) recently issued “persuader rule,” which took effect April 25, 2016, requires employers and their consultants to report to the DOL any activities that they undertake to persuade employees about organizing and bargaining collectively. This rule will apply to arrangements and agreements, as well as payments made to attorneys and consultants, on or after July 1, 2016.”
Read more from Bricker about the direct or indirect activities that employers and their consultants, including attorneys, must report, and additional cautions for employers.
“Release of Final Overtime Rule Imminent”
May 6, 2016OMA Connections Partner, Frantz Ward, writes: “Based upon information received from a number of sources, it now appears that the Department of Labor’s controversial changes to the rules governing the white collar exemptions under the Fair Labor Standards Act will be finalized and published in the coming weeks – potentially as early as next week. Once published, it is expected that employers will have only 60 days before the new rules take effect.
“The DOL initially released its proposed changes to the FLSA’s regulations in July 2015. The proposed rules contained a number of controversial changes, including an increase in the minimum salary threshold for the white collar exemptions from an annualized level of $23,660 to $50,440, as well as automatic, annual updates (increases) to the minimum threshold.
“… it is clear that the final rules will impact millions of traditionally exempt positions.”
Watch for an OMA webinar on the compliance requirements.
Tips for Your Company-Sponsored Recreational Events
May 6, 2016OMA Connections Partner, Dinsmore, says an employee’s injury at a company-sponsored recreational event or fitness program or activity may be covered under your workers’ compensation plan unless the employee signs a recreational waiver prior to engaging in the activity.
Of Interest to Certain Food Manufacturers ….
May 6, 2016The Ohio Senate voted unanimously to pass Senate Bill 245 which creates a new government commission charged with studying malnutrition among older adults. The commission will sunset after it fulfills its mission.
The legislation is supported by some food and drug manufacturers. The bill now moves to the House of Representatives.
Food manufacturers have unique needs and challenges. Be sure to mark your calendar and attend the annual OMA Food Manufacturers & Suppliers meeting on June 14 in Columbus. Download this flier for details. Register here or call us at (800) 662-4463.
Internwire Helps Students and Employers Find Each Other
April 29, 2016Internwire is an online resource where employers can post available internships and students can search for internships. Students can also rate internship experiences for others to view. Employers can choose from no-charge listings as well as buy-up for preferred content placement and features.
This service was developed in Ohio by an OSU engineering student.
To learn more about this opportunity for your company, contact Internwire’s Michael Fearer.
Medical Marijuana Bill on Fast Track
April 22, 2016The House is conducting several hearings a week on HB 523, the medical marijuana bill that was recommended by a House task force. The House aims to get the bill off the floor and to the Senate by the end of the month. There are indications that the Senate wants to get the bill to the governor by Memorial Day or so.
This week, the Ohio State Medical Association testified that the bill is much preferable from a medical standpoint to proposed constitutional amendments, particularly its control by prescription of licenced physicians, its prohibition of home growing, and its focus on continuing research on medical efficacy.
Cleveland.com ran a good summary of the physician perspectives.
Pregnancy “Reasonable Accomodation” Bill Gets Hearing
April 22, 2016The Senate Civil Justice Committee took sponsor testimony on SB 301, which would require employers to make “reasonable accommodations” for employees who are pregnant or breastfeeding.
In her sponsor testimony, Senator Shannon Jones (R-Cincinnati) said: “The federal Pregnancy Discrimination Act of 1978 outlawed discrimination against pregnant workers across the nation. Reasonable accommodations were not part of the 1978 law and we have found that there is a gap in the law to address a pregnant workers needs. In 1990, the Americans with Disabilities Act was passed, which requires reasonable accommodations such as you see in Senate Bill 301. Unfortunately, the language regarding reasonable accommodations did not included pregnant women, leaving the gap that we continue to see today.”
She testified that “the legislation defines a “reasonable accommodation” as including, but not limited to, more frequent or longer breaks; acquisition or modification of equipment, seating or uniforms; assistance with manual labor; light duty; modified employment schedules; job restructuring; temporary transfer to a less strenuous or less hazardous position; break time and a private, non-bathroom space to express breast milk, and time off to recover from childbirth.”
Medical Marijuana Bill Introduced
April 15, 2016This week the House Medical Marijuana Task Force proposed a bill that would provide tightly regulated patient access to medical marijuana under physician supervision.
On the task force, the proposal emerged as a consensus among the medical community, law enforcement, employers, and labor. These interests all worked together to defeat Issue 3 at the ballot last year, and are concerned about two new efforts to use the Ohio constitution to legalize medical marijuana, and allow home growth of marijuana. Medical marijuana legalization polls extremely popularly among Ohio voters.
The proposal contains provisions sought by the OMA to protect workplace safety: It clarifies that employers are not required to accommodate an employee’s use of medical marijuana; it allows an employer to refuse to hire, discharge, or take adverse employment action against a person because of that person’s use of medical marijuana; and, disqualifies from eligibility for unemployment compensation benefits an individual who is discharged from employment because of that person’s use of medical marijuana.
The proposal would establish a Medical Marijuana Control Commission. The commission would be charged with regulating and licensing growers, dispensaries, labs, processors and physicians. Home cultivation would be prohibited.
OMA chairman Bill Sopko, President, William Sopko & Sons Co., Inc., sits on the 15-member task force, which held seven hearings, and heard more than 100 witnesses for more than 23 hours. A select committee established by the House Speaker will have jurisdiction over the bill.
Employment Discrimation Reform Bill Gets First Hearing
April 15, 2016Senator Bill Seitz (R-Cincinnati) provided sponsor testimony this week on OMA-supported Senate Bill 268. The bill proposes to comprehensively overhaul Ohio’s employment discrimination statues in a manner benefiting employers and bringing Ohio’s laws more in line with federal discrimination laws, while continuing to provide individuals avenues to assert discrimination violations.
Senator Seitz stated in his testimony, “Drastically differing state and federal laws create an administrative burden for employers and human resource professionals. Shaping Ohio law to mirror federal law will create greater predictability in matters of workplace discrimination for both employers and employees.”
OMA counsel Betsy Swift and Jill Bigler of Bricker & Eckler have highlighted the key provisions in this summary.
“Ohioans for Medical Marijuana” Allowed to Collect Signatures
April 8, 2016Last week, the Ohio Ballot Board certified the proposed constitutional amendment known as “Ohioans for Medical Marijuana” as a single ballot issue.
Petitioners will now need to collect 305,591 signatures, which is equal to 10% of the total vote cast for governor in 2014, in order to place the issue on the ballot.
As part of the total number of signatures needed to place the measure on the ballot, petitioners must also have collected signatures from at least 44 of Ohio’s 88 counties, and within each of those counties, collect enough signatures equal to 5% of the total vote cast for governor in the most recent gubernatorial election, 2014.