To the surprise of few, Judge Kimberly Mueller has enjoined California from beginning enforcement of its law (Assembly Bill 51) prohibiting employers from requiring employees to waive their right to jury trials in favor of arbitration. In her three page order. Judge Mueller noted that the plaintiffs (which included the U.S. Chamber of Commerce,
Keith A. Ashmus
Designated Best Lawyers’ “2016 Lawyer of the Year” in Labor Law-Management in Cleveland and named to the Top 100 Ohio Super Lawyers, Keith is nationally recognized as a respected advocate and a trustworthy neutral. His practice focuses on employment law and business law, as well as mediation and arbitration cases around the nation. Keith is a Past President of the Ohio State Bar Association and a Past Chairman of both the Labor Law Section and the ADR Committee of the Cleveland Metropolitan Bar Association.
Keith is a recognized advocate for small business, having served as Chair of both the Council of Smaller Enterprises and the National Small Business Association. He has testified before the U.S. Senate and House of Representatives Committees, as well as the Ohio General Assembly, in support of small business positions.
Labor Department Clarifies Fluctuating Work Week Pay Method
The U.S. Department of Labor, in its continuing effort to simplify its wage and hour rules, has proposed changes to the fluctuating workweek method of paying salaried employees who work varying hours from week to week. Under this method, employers can pay salaried employees a set salary every week, to cover all their straight time…
Drug Cost Transparency Rule Blocked
Employers who pay for health benefits for their employees are painfully aware of the impact rising drug prices and drug utilization have on their plan costs. In May, the Trump Administration, through the Centers for Medicare and Medicaid Services (“CMS”), issued a new rule requiring drug companies, effective on July 9, 2019, to include wholesale…
Political Discrimination
Recent reports of campaigns designed to discourage potential employers from hiring Trump Administration officials raise the question of whether a private sector employer would have any jeopardy for going along with such a boycott. The answer depends upon where the act takes place. Fifteen states,[1] plus Puerto Rico and the District of Columbia, prohibit…
Department of Justice Revises Guidance for Employers on Controlling Use of Ephemeral Messaging Platforms
Last week, the Department of Justice issued some revisions to its guidance on enforcement of the Foreign Corrupt Practices Act. This guidance informs employers of what the DOJ looks for when assessing employers’ level of cooperation and compliance with the FCPA. Thus, employers take this guidance very carefully into account when developing their compliance programs.…
Ohio Legislature Lame Duck Session Does Some Helpful Things for Employers
Lame duck legislative sessions are often fraught with risk, as legislators who have been defeated or are retiring have a last chance to leave a “legacy” and the others have the maximum time before their next election. Often, more gets done in the lame duck sessions than in any comparable time period during the rest…
Are There Changes in the Wind for Union Reporting of Financial Information?
With the position of its director finally filled (by Arthur F. Rosenfeld), the U.S. Department of Labor’s Office of Labor Management Standards (OLMS) is able to turn its attention to reviewing its rules and interpretations. While the main focus of attention at OLMS during the years of the Obama Administration was the “Persuader Rule” that…
Good News for Ohio’s State Fund Employers
The Board of the Ohio Bureau of Workers Compensation at its meeting today approved an 85% premium rebate of the workers compensation premiums paid for the year ending June 30, 2017 for private sector employers and calendar year 2016 for public employers. Checks should go out to the eligible employers over several weeks in July,…
Association Health Plans Get Boost From Labor Department
The Employee Benefits Security Administration of the Department of Labor has just released for public consideration, and published for comment, a significant new interpretation of the term “employer” under ERISA. Under the proposal, small businesses and sole proprietors would have more freedom to band together to provide health coverage for employees in what are…
President Nominates Four to Key Employment-Related Positions
Ten months after his election, President Trump has sent nominations to the Senate for a number of key positions, including four with significant importance in the employment area. David Zatezalo, the former Chief Executive Officer of coal mining company, Rhino Resources, is the nominee for the position of Assistant Secretary of Labor for Mine Safety…