Should I Sign a Separation Agreement?

CMRS Law Employment Law

For Employees Like the answer to most legal questions, it depends.  The legal reason your employer is offering you a separation (or severance) agreement is to secure a legal release of almost every legal claim you may have against it.  In exchange for a certain amount of severance pay, your employer achieves a sense of finality surrounding the termination in …

To Which Employment Laws Is Your Business Subject? The Minimum Statutory Requirements of Various State and Federal Laws.

CMRS Law Employment Law

With so many employment laws on the books, at the state and federal level, and many with different requirements regarding applicability, it can be confusing to determine which laws apply to your business.  Given the importance of different obligations, policies and restrictions imposed upon businesses by the various laws, and the hefty penalties for violating them, it is critical that …

Does Your Employee Own Your Company’s Social Media Account?

CMRS Law Employment Law

Who owns your company’s social media account? Does it belong to your business or the employee who created the account to promote your business? Absent a social media policy, the answer is not always clear and can result in costly litigation. Ownership of the account has huge implications regarding who can access the account. If an employer takes over an …

What is the Family Medical Leave Act?

CMRS Law Employment Law, Government Compliance

The Family Medical Leave Act (FMLA) was enacted by Congress in 1993 and gives eligible employees the right to take unpaid leave, under certain circumstances, without retaliation from the employer.  Under the FMLA, eligible employers are required to give eligible employees up to 12 weeks of protected, unpaid leave for (1) the birth and care of eligible employee’s child or …

Are Non-Compete Agreements Enforceable in Ohio?

CMRS Law Employment Law

In short, yes.  It is well established under Ohio law that a non-competition agreement of reasonable duration and geographic scope is enforceable if properly made part of an employment agreement.  However, the courts will treat these agreements with skepticism and carefully scrutinize them because they are often drafted by the employer and in favor of the employer.  If the agreement appears too …

Is Your Criminal Background Check Policy Violating Title VII of the Civil Rights Act?

CMRS Law Employment Law

Criminal background checks for employment purposes are commonplace.  But recent literature from the Equal Employment Opportunity Commission (EEOC), the federal agency charged with enforcing employment discrimination laws, has suggested that certain criminal background check policies may violate Title VII of the Civil Rights Act of 1964 due to the varying rates of criminal activity among different minority groups. Title VII …

Complying with OSHA: Basic Requirements

CMRS Law Employment Law

The Occupation Safety and Health Administration (OSHA), created in 1970, is a federal agency designed to assure safe and healthful conditions for workers through the implementation of various safety regulations, procedures, and enforcement mechanisms.  All private workers are covered by OSHA. In general, OSHA requires that employers keep their workplace free of serious recognized hazards.  More specifically, OSHA requires employers …

Protecting Customer and Employee Personal Information: Ohio’s Data Security Breach Notification Law

CMRS Law Employment Law, Government Compliance

If your company collects the “personal information” of customers or employees on its computers and those people are residents of Ohio, it is vital that you establish a system to protect this information and respond accordingly in the event of a security breach.  Ohio Revised Code Section 1349.19 establishes notification requirements if the electronic security system protecting this information is …

Does Your Social Media Policy Violate the Law?

CMRS Law Employment Law

Employers are increasingly using social media policies to regulate what their employees say online in an effort to protect their company’s reputation.  The National Labor Relations Board (NLRB), a federal agency that enforces the provisions of the National Labor Relations Act (NLRA) has found fault with several of these policies.  Many companies have walked the thin line between a policy …

Employment Eligibility Verification

Elliott Stapleton Employment Law

Employers must also verify an employee’s eligibility to work in the United States; (See: Employment Eligibility Verification Form commonly referred to as an I-9). Employers can confirm the citizenship by requesting the documentation specified on the I-9 form. Note, requesting documents not included could result in discrimination claims by the applicant. The I-9 is not filed with the federal government but is instead …