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Late last week the National Labor Relations Board (“Board”) overturned the standard for weighing the legality of employee handbook policies, and the controversial Obama-era joint employer test. Both decisions – which were split 3-2 along party lines – have been...

Kastner Westman & Wilkins, LLC attorneys James P. Wilkins, Jaime U. Kolligian, Julie A. Trout and Michael J. Spisak were named among the 2017 Ohio Super Lawyers, an attorney rating service designation based on peer recognition and professional achievement. Wilkins, a...

Employers may be relieved to hear that OSHA briefly extended the compliance deadline for its new “Improve Tracking of Workplace Injuries and Illnesses” Rule’s electronic reporting requirements (“Rule”) (also commonly referred to as the “Electronic Reporting Rule”) to...

State and local pay inquiry bans are popping up left and right across the country. These laws generally prohibit employers from inquiring about an applicant’s pay history and sometimes from using such information to screen applicants and/or set salary offers,...

Internal Revenue Service Will Be Contacting Employers Soon Regarding Assessment and Payment of Excise Taxes Under Affordable Care Act The Affordable Care Act has two excise taxes for employers that either: (a) fail to provide sufficient number of full-time employees...

On October 17, 2017, the U.S. Court of Appeals for the Ninth Circuit held that the National Labor Relations Board (NLRB or Board) appropriately deferred to an arbitration award finding that a former employee of Babcock & Wilcox Construction Co., Inc. (B&W) was...

Recent DevelopmentsThe United States Court of Appeals for the Seventh Circuit recently issued a decision affirming limitations on unpaid leave that employers must allow injured or disabled workers as a “reasonable accommodation” under the Americans with Disabilities...

In an important decision for employers, the Ohio Sixth District Court of Appeals recently upheld an employer’s use of a statute of limitations waiver. In enforcing the waiver, the Court of Appeals affirmed an order granting summary judgment in favor of an employer in...

On August 31, 2017, Judge Amos L. Mazzant, a federal judge for the United States District Court for the Eastern District of Texas, struck down the Obama-era Department of Labor (“DOL”) rule that would have significantly expanded overtime eligibility by more than...

The Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) recently published in the Federal Register a Request for Information (“RFI”) concerning the Fair Labor Standards Act’s (“FLSA”) Part 541 overtime regulations. The DOL stated that “[t]he RFI is an...