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Same Court + Same Police Uniform = Different Result as to Compensability for

April 01, 2008

Under the Fair Labor Standards Act (FLSA) time spent performing preliminary or postliminary activities are non-compensable. 29 U.S.C. §254. However, the US Supreme Court held in IBP Inc. V. Alvarez, 546 U.S. 21 (2005), that time spent on activities which are "integral and indispensable" to the performance of principle activities are compensable under the FLSA. In the span of four (4) months the United States District Court for Northern District of California addressed this issue as applied to the donning and doffing of police uniforms yielding opposite results. Read More...

Caution: Smoking May be Hazardous to Your Career

April 01, 2008

Generally, employees who smoke at work have no reason for concern so long as they are not in violation of a specific work rule or the Ohio Smoke Free Workplace Act. However, the recent actions of Whirlpool may have employees who smoke thinking twice before lighting up at work. Whirlpool, in Evansville Ind., suspended 39 employees in mid-April who were observed smoking on the employer's premises. The suspensions were not for smoking, but rather lying on their health insurance enrollment application. Each of the suspended employees had previously attested that they did not use tobacco in exchange for a discount on their premiums. Read More...

Job Related Discrimination Charges Soar in 2007

April 01, 2008

According to a press release issued by the Equal Employment Opportunity Commission (EEOC), private sector discrimination charges rose 9% from 75,768 in 2006 to 82,792 in 2007. This represents the largest annual increase in charges filed in 15 years. The EEOC's statistics also show that it recovered $345 million in monetary relief. These charges resulted in 336 lawsuits being filed with 116 involving multiple claimants and/or employees affected by discriminatory policies. Considering the drastic increase in charges filed, employers are well advised to stay ever vigilant in the drafting, implementing and enforcement of workplace policies and procedures. Below is a brief summary of the major categories as reported by the EEOC. Read More...

Noteworthy News

April 01, 2008

Noteworthy News at DHF Law. Read More...

Schedule of Events

April 01, 2008

Schedule of Events at DHF Law. Read More...

The Ohio Bureau of Workers' Approves First Premium Rate Decrease.

April 01, 2008

On March 28, 2008, the Ohio Bureau of Workers' Compensation (BWC) approved a five-percent overall premium rate decrease for private employers, effective July 1, 2008. This marks the first premium rate decrease for Ohio's private employers since 2001. Read More...

Benjamin S. Albrecht Named Partner

July 15, 2008

Downes, Hurst & Fishel, LLP is pleased to announce that Benjamin S. Albrecht has been named Partner in the firm. Read More...

Court Extends Immunity To Corrections Facility

July 15, 2008

An Ohio Court held a jail immune from lawsuit in a case recently defended by DH&F. The Delaware County Court of Common Pleas has ruled that a corrections facility is not liable for injuries sustained by an inmate who was performing community service while incarcerated. Read More...

Ethics Commission Cautions Against Nepotism In Summer Hires

July 15, 2008

At its May 29, 2008 meeting, the Ohio Ethics Commission issued a bulletin reminding public officials about the restrictions in Ohio's Ethics Law against hiring family members and as a reminder about hiring for summer jobs. Read More...

Leglislative Watch: New Rule Affecting CDLs

July 15, 2008

NEW RULE AFFECTING CDLs: On June 25, 2008, the U.S. Department of Transportation issued changes to its mandates on drug testing of some employees. Read More...

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Community Leadership of Licking County

January 21, 2010

Community Leadership of Licking County allows a diverse group of people to interact and find common goals to work toward the betterment of Licking County communities.  The Community Leadership of Licking County is a program designed to strengthen leadership skills as well as expand knowledge of community challenges and opportunities.  Jonathan Downes will be presenting a session at this program titled "Ethics and Excellence" on January 21, 2010 at The Works located in Newark, Ohio.

New Chiefs Workshop - Ohio Association of Chiefs of Police

March 22, 2010

Edward S. Kim will present a session titled “Legal Minefields to Avoid for New Chiefs” for the OACP.  This  2.5 hour workshop will be held at the Holiday Inn, Worthington, Ohio.  For registration information, please contact Renea Collins, reneacollins@oacp.com

Ohio Association of Chiefs of Police

March 24, 2010

Labor Law, Americans with Disabilities Act and Family Medical Leave Act will be covered in the presentation given by Benjamin S. Albrecht and Edmund F. Brown.  This will be an all day seminar to take place in Reynoldsburg, Ohio.  For registration information, please contact Renea Collins, reneacollins@oacp.com

Ohio CSEA Directors' Association

April 19, 2010

Speaking at the Ohio CSEA Directors’ Association Spring Conference on April 19, 2010, Marc A. Fishel will be presenting on the topic of FMLA:  How does it Work?  When does it apply?  Why do we use it?  The conference runs from April 18 through  21, 2010 at the Hyatt Regency Hotel, Columbus, Ohio.  Registration information can be obtained through the OCDA website at www.ocda.us.

Hall of Fame Chapter of the American Payroll Association

April 20, 2010

Brad E. Bennett will be presenting on the topic of “Ethical practices for the payroll professional” at this seminar, being held in Akron, Ohio.  Brad will be speaking from 1:00 – 4:00 p.m. and the seminar is open to all APA members.

National Public Employer Labor Relations Association 2010 Annual Training Conference

April 25, 2010

Jonathan Downes will present a session titled "Using Economic Stress to Change Contract Language" at the 2010 NPELRA National Conference.  This three-day conference will be held from April 25 to April 28, 2010 at the Marriott Convention Center in New Orleans, Louisianna.  NPELRA is the largest public sector labor relations organization in the nation.  This conference provides the ideal setting for labor relations and human resources professionals at all levels to come together to learn the latest trends and developments in the public sector labor relations and human resources fields.  To obtain additional information regarding this seminar, please visit NPELRA's website at www.npelra.org.

Chiefs Inservice - Ohio Association of Chiefs of Police (Day 1)

April 26, 2010

Presenting jointly with Mark Weaver, Todd M. Ellsworth will be presenting a session on Public Records Update.  The Chiefs Inservice will be held at the Holiday Inn, Worthington, Ohio.  For registration information, please contact Renea Collins, reneacollins@oacp.com

Chiefs Inservice - Ohio Association of Chiefs of Police (Day 2)

April 27, 2010

During the second day of this seminar in Worthington, Ohio, Marc A. Fishel will be presenting two sessions regarding Personnel Issues and Negotiations.    For registration information, please contact Renea Collins, reneacollins@oacp.com