Client Alert – New EEOC Data Req.

Employment Law Update May 2019 On April 25, a U.S. District Court in Washington, D.C. ruled in National Women’s Law Center, et al., v. Office of Management and Budget, et al. that the Equal Employment Opportunity Commission (“EEOC”) must collect 2018 “Component 2” data (hours worked and pay information categorized by race, ethnicity, and sex) by September 30, 2019. The EEOC announced on May 2 that pay data from both 2017 and 2018 must be submitted by applicable employers by … Continued

Client Alert – Proposed Overtime Rule

Employment Law Update March 2019 On March 7, 2019, the Department of Labor (DOL) announced its long-awaited Notice of Proposed Rulemaking (NPRM) pursuant to which the DOL proposes to increase the minimum salary required for an employee to qualify for an exemption from overtime. The proposed increase is projected to result in an excess of one million additional American workers becoming eligible for overtime. Under the current law, employees with a salary below $455 per week ($23,660 annually) must be … Continued

Client Alert – Bank Notice Req.

Financial Institution Law Update February 2019 Ohio’s financial institutions (as well as others) will soon have to comply with new notice requirements pursuant to Ohio House Bill 489, which goes into effect on March 20, 2019. The bill created Ohio Revised Code § 1349.72, which requires—prior to collection or attempted collection on a debt—a detailed, written notice to be sent to a debtor if the debt is a second mortgage or junior lien on the debtor’s residential real property and … Continued

Client Alert – Employee Classification

Employment Law Update February 2019 On February 12, 2019, the federal Sixth Circuit Court of Appeals (which covers Ohio) reinforced the importance of properly classifying workers as employees, as opposed to independent contractors, and of keeping accurate and adequate records of hours worked. In Acosta v. Off Duty Police Servs., et. al., the Sixth Circuit held that off-duty police officers, who moonlighted for a private security company and were classified by the security firm as independent contractors, should have been … Continued

Colleen E. Reilly joins FGKS

Faulkner, Garmhausen, Keister & Shenk, A Legal Professional Association, Sidney, Ohio, is proud to announce that Colleen E. Reilly recently became an associate at the firm. Ms. Reilly graduated cum laude from John Carroll University with a Bachelor of Arts degree in Classical Studies and History (double major), and graduated from the University of Cincinnati College of Law in 2018 where she was a member of the Moot Court Honor Board and a Fellow for the Ohio Innocence Project. Her … Continued

Client Alert – FCRA Changes

Employment Law Update September 2018 The Fair Credit Reporting Act (“FCRA”) requires, among other things, that employers who obtain background checks from third party sources (“Consumer Reporting Agencies”) must provide a Summary of Consumer Rights to employees or applicants before taking any adverse action based on information received from the background check. In May 2018, Congress passed the Economic Growth, Regulatory Relief, and Consumer Protection Act (the “Act”), which amends the FCRA and permits one who has been the subject … Continued

Client Alert – Medical Marijuana

Employment Law Update August 2018 As many of you are aware, Ohio’s medical marijuana law is supposed to go into effect no later than September 8, 2018. However, due to various delays that have culminated in the State’s inability to issue certificates of operation to growers in a timely manner, it does not appear that the program will be “fully operational” by that date. And yet, as the inevitable full implementation of the law draws near, it is important for … Continued

2018 FGKS Scholarship Recipients

Leadership Scholarships Awarded The law firm of Faulkner, Garmhausen, Keister & Shenk has announced the 2018 awarding of Leadership Scholarships to five high school graduates:  Dylan Smith (Sidney High School), who will attend The Ohio State University;  Melanie Brunner (Lehman Catholic High School), who will attend Indiana University;  Paige Thobe (Minster High School), who will attend The Ohio State University;  Danielle Poeppelman (Ft. Loramie High School), who will attend The University of Toledo;  and Chloe Koon (Piqua High School), who … Continued

Philip M. Borger joins FGKS

Faulkner, Garmhausen, Keister & Shenk, A Legal Professional Association, Sidney, Ohio, is proud to announce that Philip M. Borger recently became an associate at the firm. Mr. Borger graduated cum laude from the University of Dayton with a Bachelor of Arts degree in ­Economics, graduated summa cum laude from Ohio University, E.W. Scripps School of Journalism with a Master of Science degree, and graduated from the University of Cincinnati College of Law in 2009.  Prior to joining the firm, Mr. … Continued

Client Alert – Overtime Rule Struck

Employment Law Update September 2017 A federal judge in Texas recently struck down the Obama-era overtime rule that would have likely resulted in the expansion of overtime pay to millions of currently exempt employees. The proposed rule would have raised the minimum salary necessary for an employee to be exempt from overtime compensation from $23,660 to $47,476. While the Texas judge concluded that the Department of Labor had the authority to modify the minimum salary threshold for overtime compensation, he … Continued