Insights
Insights
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- Since 2007, as a result of the NLRB’s Register Guard decision, an employer could lawfully limit the use of its email system by employees for certain non-business related activities, assuming that it applied the rule non-discriminatorily. On December 10, 2014, in a 3-2 decision, the NLRB reversed the old rule established in Register Guard and established a new rule. Now, employees must be permitted to use employer email for statutorily protected communications during nonworking time if they have access to employer computer systems for work.
- People today love sharing photographs of themselves and their whereabouts. And today’s technology makes it so easy. While there are numerous websites and apps that make this possible, among the most popular are Facebook, Twitter and Instagram. This trio ranks second, eighth, and twenty-fourth, respectively on Alexa.com’s rankings of top websites in the United States.
- Whitney Gibson, a partner in the Vorys Cincinnati office and the leader of the firm’s internet defamation group, and Mary Henkel, of counsel in the Cincinnati office and a member of the litigation group, authored an article for Social Media Explorer called “Can Haters Post Death Threats on Facebook?”
- As we reported in October, the case of Integrity Staffing Solutions, Inc. v. Busk, U.S. No. 13-433, has been closely watched by companies that screen their workers to prevent employee theft. Integrity Staffing required its employees to pass through a security check at the end of each shift and did not compensate them for the 25 minutes the employees claimed the process took.
- Eighteen states and the District of Columbia currently protect lesbian, gay, bisexual and transgender employees (LGBT). In July 2014, President Obama issued Executive Order 13672, which extended this protection by prohibiting discrimination on the bases of sexual orientation and gender identity in federal contracts.
- Michael Garvin, a partner in the Vorys Cleveland office and a member of the litigation group, authored an article for the Canadian Federated Press publication Intellectual Property. The article was titled “How "Inter Partes Review" Will Reshape Patent Litigation Advice.”
- According to a recent Department of Justice press release regarding annual False Claims Act (FCA) recoveries, FCA recoveries continue to skyrocket, in keeping with the trend in recent years. 2014 marks the third straight year in which the Department of Justice has announced a record-setting annual recovery.
- The use of independent contractors in the oil and gas industry is typical and its advantages are obvious. However, decisions about when and how to use independent contractors might be made without full consideration of potential problems or the ever-looming and potentially significant risks of misclassification.
- Whitney Gibson, a partner in the Vorys Cincinnati office and the leader of the firm’s internet defamation group, and Mary Henkel, of counsel in the Cincinnati office, authored an article for PR Daily called “What PR Pros Should Know About the Supreme Court's Facebook Case.”
- Led by the Equal Employment Opportunity Commission (EEOC), federal agencies are beginning to focus on sexual orientation, gender identity and transgender discrimination. While the proposed federal Employment Non-Discrimination Act, which has been introduced in every Congress since 1994, is unlikely to gain traction in the new Republican-controlled Congress, the EEOC and Department of Labor (DOL) have made lesbian, gay, bisexual and transgender (LGBT) issues an enforcement priority.
- On November 26, 2014, U.S. EPA proposed a more stringent national ambient air quality standard for ozone. The Clean Air Act requires U.S. EPA to establish two air quality standards for ozone: a primary standard, to protect public health with an “adequate margin of safety”; and a secondary standard, to protect the public welfare. U.S. EPA’s proposal reduces the current primary and secondary ozone standard of 75 parts per billion (ppb) to a level that is proposed to be between 65 and 70 ppb.
- Dave Froling and John Petzinger, attorneys in the Vorys Columbus office and members of the tax group, co-authored an article titled “The Ohio Commercial Activity Tax: Audit Trends and Latest Developments” for the Winter 2014 edition of the Journal of State Taxation.
- Lisa Babish Forbes, a partner in the Vorys Cleveland office and a member of the litigation group, authored an article for the Cleveland Metropolitan Bar Journal titled “Exculpatory Clauses: They May Not Mean What They Say.”
- Ashley Manfull, a senior attorney in the Vorys Akron office and a member of the labor and employment group, authored an article for TLNT.com titled “Troubling Questions After Record $185 Million Discrimination Award.”
- Michael Garvin, a partner in the Vorys Cleveland office and a member of the litigation group, authored an article for the Crain’s Cleveland Business/Legal Marketing Association (Ohio Chapter) 2014 Legal Guidebook.
- On November 20, 2014, President Obama announced a number of executive actions (also known as the Immigration Accountability Executive Actions). One of the executive actions focused on policies supporting U.S. high-skilled businesses and workers. A link to this executive action can be found here. In this action, President Obama directs new policies and regulations that will support our country’s high-skilled businesses and workers by improving the ability of U.S. businesses to hire and retain highly skilled foreign-born workers, while also providing the workers with increased flexibility to make natural advancements with their current employers or seek similar opportunities elsewhere.
- Even the best businesses cannot always keep every customer, employee, business partner, or other party happy at all times. Unfortunately, in this day and age, many of these disgruntled parties will choose to take their complaints public by posting disparaging information or content about a company online, which can cause significant damage.
- Sean Purcell, a partner in the Vorys Washington, D.C. office and a member of the corporate group, authored an article for BNA’s Banking Report titled “Good for Business: How Lenders Can Benefit From Ex-Im Bank Charter Extension.”
- Whitney Gibson, a partner in the Vorys Cincinnati office and the leader of the internet defamation group, authored an article titled “How Organizations Should Handle False, Defamatory Reddit Posts” for PR Daily.
- The National Labor Relations Board (NLRB) recently issued a decision reaffirming its much-maligned 2012 D.R. Horton opinion. In D.R. Horton, the NLRB held that an employer could not require employees to resolve employment-related claims through individual arbitrations, thereby waiving their right to proceed in a collective or class action.
December
Michael J. Garvin
David A. FrolingNovember
Ashley M. Manfull
M. Sean PurcellInsights
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