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

2017 FGKS Scholarship Recipients

Leadership Scholarships Awarded The law firm of Faulkner, Garmhausen, Keister & Shenk has announced the 2017 awarding of Leadership Scholarships to five high school graduates: NourEddine Hijazi (Sidney High School), who will attend Wright State University;  John-Henry Frantz (Lehman Catholic High School), who will attend Franciscan University of Steubenville;  Jonathan Niemeyer (Minster High School), who will attend Columbus State University;  Aliya Holdheide (Ft. Loramie High School), who will attend The University of Toledo;  and Alyssa Jones (Piqua High School), who … Continued

Client Alert – OSHA Reporting Reqs. Delayed

Employment Law Update June 2017 The Occupational Safety and Health Administration (OSHA) recently decided to delay the compliance deadline for its rule requiring certain employers to electronically submit worker illness and injury data to the agency. OSHA’s Injury and Illness Recordkeeping and Reporting Requirements website states that: “OSHA is not accepting electronic submissions of injury and illness logs at this time, and intends to propose extending the July 1, 2017 date by which certain employers are required to submit the … Continued

Client Alert – Sexual Orientation Discrimination

Employment Law Update May 2017 In a significant decision that expands the rights of employees, the U.S. Court of Appeals for the Seventh Circuit, which covers Illinois, Indiana, and Wisconsin, recently ruled that discrimination on the basis of sexual orientation is a form of sex discrimination under Title VII of the Civil Rights Act of 1964. The case, Kimberly Hively v. Ivy Tech Community College, No. 15-1720 (7th Cir. April 4, 2017), is the first, and at this time the … Continued