Excerpts from April, 2005

U.S. Supreme Court Allows New Cause of Action Under ADEA

On March 30, the U.S. Supreme Court ruled that older workers can bring "disparate impact" claims under the Age Discrimination in Employment Act (ADEA). Smith v. City of Jackson. Disparate impact claims are those where employees claim that the effect of a company decision was discriminatory, even though the company did not intend to discriminate.

New Posting Requirement

The Veterans Benefits Improvement Act (VBIA), signed into law in December, requires employers to provide notice of employees' rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Kicked Out of Group Rating?
The BWC May Owe You Money!

The Ohio Supreme Court recently ruled that the Bureau of Workers' Compensation (BWC) may not charge your workers' compensation risk account with the cost of medical bills paid until after all appeals (including court appeals) have been exhausted. In a surprising decision, the Court went even further and ruled that the BWC must reimburse employers for increased premiums incurred as a result of improper charges to a risk account, including the savings lost pursuant to a group rating program. Arth Brass & Aluminum Castings, Inc. v. Conrad.

Beware of the OSHA "General Duty Clause"

Even if your company does not violate any specific OSHA regulation, you can still be cited for violation of the "general duty clause". This clause requires employers to furnish "a place of employment which [is] free from recognized hazards that are causing or are likely to cause death or serious physical harm."

New Law Regarding Jury Duty Leave

Ohio Revised Code § 2313.18 was recently revised to include the following language: "No employer shall require or request an employee to use annual, vacation, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or for time spent actually serving on a jury." While employees may still use such accrued leave while serving on jury duty, they may also elect to save their accrued leave for later use.

Time to Revise Your Employment Application

A federal appeals court recently ruled that language in an employment application can be used to reduce the amount of time an employee (or former employee) has to file a claim against you. Thurman v. DaimlerChrysler, Inc.

New Standard for Investigations of Employee Misconduct

The Fair and Accurate Credit Transactions Act (FACT Act), effective January 31, 2005, sets a new standard for investigations into employee misconduct. Previously, the Federal Trade Commission (FTC) opined that investigations into employee misconduct by third parties (including attorneys) constituted "investigative consumer reports" under the Fair Credit Reporting Act (FCRA).