Last week the EEOC issued its Strategic Enforcement Plan Fiscal Years 2024 – 2028 (FYI 2024-2028). According to the Agency, the plan “establishes the EEOC’s subject matter priorities to achieve its mission of preventing and remedying unlawful employment discrimination and to advance its vision of fair and inclusive workplaces with equal opportunity for all.” In
Ryan T. Smith
Ryan focuses his practice on employment litigation and labor relations. He represents management in state and federal courts and before administrative agencies in a wide range of matters, including employment discrimination, retaliation, and harassment, wage and hour disputes, including class and collective actions, and breaches of non-competition and other types of employment agreements. Ryan also represents employers in traditional labor matters, at arbitrations and before the National Labor Relations Board.
When not representing employers in active disputes, Ryan counsels them on key employment decisions such as wage and hour compliance, leave administration, and terminations, and on various aspects of the collective bargaining relationship. He also drafts employment agreements and policy manuals.
On Again, Off Again: NLRB Holds that Employers May Not Discontinue Dues Deductions Upon Expiration of a Collective Bargaining Agreement
On October 3, 2022, the National Labor Relations Board (NLRB) ruled that employers must continue deducting union dues from employees’ paychecks, pursuant to their labor contracts, even after the contracts expire. The case is Valley Hospital Medical Center, Inc., N.L.R.B. Case 28-CA-213783 (Valley Hospital II).
Dues checkoff previously served as an exception to…
Ohio Legislature Passes Senate Bill 47 to Clarify Ohio’s Overtime Law – But in the Process, Leaves Unanswered Questions and Potentially Expands Employers’ Overtime Obligations
Governor DeWine recently signed into law Senate Bill 47 (SB 47), which primarily aims to clarify employers’ overtime-pay obligations under Ohio law. The Bill takes effect on July 6, 2022.
As discussed below, the Bill does some good – it expressly integrates the FLSA’s Portal-to-Portal Act exemptions into the Ohio statute; additionally, it limits a…
Recent Decisions Highlight Inconsistencies As Courts Try To Determine The Circumstances In Which Covid-19 Constitutes A “Disability” Under The ADA
With so many employees having contracted COVID-19, an important legal question for employers and employees alike is whether COVID-19 is a “disability” within the meaning of the Americans with Disabilities Act (“ADA”). In other words, is COVID-19 the sort of condition for which employees are entitled to reasonable accommodations, such as extended leave, flexible work…
NLRB General Counsel Sets the Stage for Major Change to Handbook Rules
On March 7, 2022 NLRB General Counsel Jennifer Abruzzo asked the NLRB to overturn Board precedent related to employee handbook rules.
The case at issue is Stericycle, Inc., which examines whether certain workplace rules infringe upon or restrict employees’ rights under the NLRA. As part of the Board’s proceedings, the parties (and interested third…
Timeout! NLRB General Counsel Says Student-Athletes Are Employees Who Can Unionize
On September 29, 2021, the General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo, issued a Guidance Memorandum memorializing her position that student-athletes at private universities should be considered “employees” under the National Labor Relations Act (NLRA).
The NLRB has never directly answered the question of whether student-athletes are employees under the NLRA. …
NLRB GC sends another warning shot, indicating full panoply of remedies are available
NLRB General Counsel Jennifer A. Abruzzo followed up her 10(j)-warning shot with another admonition, this time encouraging regions to request the “full panoply of remedies available to ensure that victims of unlawful conduct are made whole for losses suffered as a result of unfair labor practices.”
General Counsel Abruzzo began her September 8, 2021, Memorandum…
NLRB General Counsel releases Issue Priorities Memorandum
On August 12, 2021 NLRB General Counsel Jennifer A. Abruzzo issued her “Mandatory Submissions to Advice” memorandum (Memorandum GC 21-04), outlining her agenda items and priority issues for NLRB Regional Directors, Officers-in-Charge, and Resident Officers. The memorandum offers a glimpse into a number of issues the new General Counsel believes need to be re-evaluated, largely…
EEOC Announces Deadline For Employers to Submit 2019 and 2020 EEO-1 Data
Last week, the Equal Employment Opportunity Commission (EEOC) announced that the 2019 and 2020 EEO-1 Component 1 data collection will open on Monday, April 26, 2021. As a reminder, private employers with 100 or more employees, as well as federal contractors with 50 or more employees, are required to submit EEO-1 Component 1 data, which…
New York District Court Invalidates Key Aspects of DOL’s Final Rule Implementing the Families First Coronavirus Response Act
Earlier this week, a decision by the U.S. District Court for the Southern District of New York vacated several key aspects of the U.S. Department of Labor’s (“DOL”) final rule implementing the Families First Coronavirus Response Act (“FFCRA”). (For those who are unfamiliar with the FFCA, an overview can be found here.) The decision…