• Posts by Melanie Cheek
    Associate

    Melanie Cheek is an associate in the firm’s Labor & Employment Group where she helps clients meet their business objectives and minimize liability. Her practice currently includes a wide range of labor and employment matters.

On July 21, 2020, the National Labor Relation Board (the “NLRB”) issued its decision in General Motors LLC, 14-CA-197985 369 NLRB No. 127 (2020), adopting a motivating factor test, for cases involving abusive or offensive statements made by employees in the course of “concerted activities” which are otherwise protected under Section 7 of the National Labor Relations Act (the “NLRA”).  The test, also known as the Wright Line standard, focuses on whether the employee’s Section 7 activity was a motivating factor in an employee’s discipline or discharge and shifts the ...

On April 1, the Department of Labor (DOL) issued a temporary rule to help employers navigate the recent expansion to paid family medical and sick leave established under the Families First Coronavirus Response Act (FFCRA).  The rule reiterates several of the “critical issues” clarified by the DOL in previous guidance on the FFCRA, further details the “small business exemption” to the FFCRA, and clarifies the instances in which the expanded family medical leave and paid sick leave overlap. 

On March 16, Governor DeWine issued Executive Order 2020-02D, lifting certain unemployment compensation benefit restrictions during the Coronavirus outbreak. The Order is applicable only to individuals who do not have access to leave benefits through their employer. 

On March 15, Governor DeWine announced that Ohio will broaden the requirements to qualify for the state’s unemployment insurance policy.  The following changes are expected to be made through an executive order:

On March 11, the World Health Organization (WHO) declared the Coronavirus outbreak a global pandemic. The CDC has also declared the Coronavirus outbreak a pandemic so several modified requirements are now applicable under the Americans with Disabilities Act (ADA).

For all employers closely following the Coronavirus situation, here is a list of the latest guidance from government resources:

Over the past week, the number of confirmed cases of Coronavirus (COVID-19) in the United States has more than doubled.  Most employers are considering measures to help them navigate the impact of Coronavirus in the workplace.  The problem employers face is that employment laws were simply not written with scenarios like the Coronavirus crisis in mind. 

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