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Federal Court: FCRA does not apply to independent contractor relationships

Porter Wright Morris & Arthur LLP
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USA
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May 2 2012

Here is one more potential advantage of using independent contractors rather than employers that so far has flown below the radar screen

Ohio federal district court rejects public policy wrongful termination claim against private employer based on First Amendment

Porter Wright Morris & Arthur LLP
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USA
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November 29 2012

The summary judgment decision issued on October 31st by Ohio federal district court judge David Dowd in Barnett v. Aultman Hospital contains important reminders for both private employers and their employees

Employers raise stakes in battle against workplace drug use

Porter Wright Morris & Arthur LLP
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USA
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November 2 2010

Over the last week or so, two stories about drugs in the workplace caught my eye

D.C. Circuit upholds "direct observation" requirements for USDOT return to duty and follow up testing

Porter Wright Morris & Arthur LLP
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USA
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May 22 2009

In a decision released May 15, 2009, the U.S. Court of Appeals for the District of Columbia upheld a Department of Transportation (DOT) regulation that requires employees who are returning to safety-sensitive duties after having completed a drug treatment program due to failing or refusing to take a drug test, to submit to return to duty and follow up testing under "direct observation" conditions

Seventh Circuit upholds denial of FMLA leave to employee who ignored employer's telephone calls

Porter Wright Morris & Arthur LLP
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USA
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March 14 2011

As the Seventh Circuit in Righi v. SMC Corporation of America noted, it generally does not take much for an employee to preserve his rights under the FMLA; he must simply provide enough information "to place the employer on notice of a probable basis for FMLA leave."

DOT issues proposed rule requiring electronic on-board recorders for interstate commercial truck and bus companies

Porter Wright Morris & Arthur LLP
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USA
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February 1 2011

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has issued a proposed rule that would require interstate commercial truck and bus companies to install electronic on-board recorders (EOBRs) to monitor their drivers' compliance with hours-of-service (HOS) requirements

Ohio HB 417 may mean the end of physician non-solicitation agreements

Porter Wright Morris & Arthur LLP
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USA
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January 25 2013

There has always been a tension between a health care employer's desire to protect its patient relationships and a physician's obligation not to

Social media firing of the week. (final score: God 10 - waitress 0)

Porter Wright Morris & Arthur LLP
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USA
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February 1 2013

The Internet is burning up this morning with the story of an Applebee's waitress who was fired for posting on Reddit, a social news and entertainment

NLRB continues to tackle social media issues

Porter Wright Morris & Arthur LLP
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USA
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January 16 2012

The last six weeks or so have brought us a flood of NLRB General Counsel Advice Memoranda addressing whether an employee's social media activity is protected concerted activity for which he or she may not be disciplined

Sixth Circuit rejects FMLA retaliation claim based on employer's honest belief that employee had committed fraud

Porter Wright Morris & Arthur LLP
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USA
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May 11 2012

Employers often defend against discrimination and retaliation claims by arguing that courts should not act like super human resources managers who second guess their employment decisions

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