- The Ohio State University Michael E. Moritz College of Law, J.D., 2007, summa cum laude, Order of the Coif
The Ohio State Law Journal, Managing Editor, 2006-2007
- University of Missouri, B.A., 2004, magna cum laude
Bar & Court Admissions
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Southern District of Ohio
- U.S. District Court for the Northern District of Ohio
- Admitted to practice law only in the states listed above.
- The Honorable William Ray Price, Jr., Supreme Court of Missouri, 2007-2008
Ben is a partner in the Vorys Columbus office and a member of the labor and employment group. He counsels clients on legal compliance and day-to-day workforce management issues, including employee discipline, accommodation, and termination decisions. Ben represents employers of all sizes before administrative agencies and in federal and state courts throughout the country. He also drafts employee handbooks, policies, and employment contracts designed to reflect employers’ unique business and legal needs.
His notable experience includes:
Successfully defending a national retailer in a pregnancy discrimination jury trial in federal court in New York
Obtaining summary judgment dismissals of employment lawsuits in a variety of federal and state courts and through arbitration
Regularly representing national retailers and manufacturers in individual and class/collective action employment litigation throughout the country
Assisting local, regional, and national employers with coordination of their disability, FMLA, OSHA, and workers’ compensation obligations
Directing employment-related due diligence for company mergers and acquisitions
- Advising employers on OSHA compliance issues and providing representation during OSHA investigations
Drafting or consulting on amicus briefs presenting employment-related issues before the Supreme Court of Ohio and the U.S. Court of Appeals for the Sixth Circuit
Ben is a frequent speaker on a full range of employment law topics and has conducted training for human resources professionals and front line managers on topics including harassment prevention, union awareness, and compliance with the Family and Medical Leave Act.
Ben received his J.D. summa cum laude from The Ohio State University Michael E. Moritz College of Law, where he was a member of the Order of the Coif and served as a managing editor of The Ohio State Law Journal. He received his B.A. magna cum laude from the University of Missouri.
Ben served as a law clerk for the Honorable William Ray Price, Jr., Supreme Court of Missouri.
Professional and Community Activities
- YWCA Human Resources Committee
- 12/7/2021Shepler Quoted in Article Titled "Some large Ohio Employers Pause Vaccine Requirements Pending Legal Battle Over Biden Rule"Vorys Partner Ben Shepler was quoted in a Columbus Dispatch article titled "Some large Ohio Employers Pause Vaccine Requirements Pending Legal Battle Over Biden Rule".
- 11/10/2021Vorys Attorneys Quoted in Columbus Business First Story About OSHA Emergency Rule Regarding COVID-19 Vaccinations and TestingBob Harris and Ben Shepler, partners in the Vorys Columbus office, were quoted throughout a Columbus Business First story titled “Columbus labor lawyer: Court challenges shouldn’t stop businesses from planning for, implementing Biden workplace vaccine, testing policy.”
- 9/13/2021Shepler Quoted in Columbus Business First Story Titled “Some Central Ohio Employers Mandating Covid-19 Vaccine, Others Waiting For Details on Federal Rule”Ben Shepler, a partner in the Vorys Columbus office and a member of the labor and employment group, was quoted throughout a Columbus Business First article about an emergency rule being developed by the Federal Occupational Safety and Health Administration that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any unvaccinated employees to produce a weekly negative test in order to come to work.
- 1/3/2017Vorys announced that Michael J. Ball, Colleen M. Devanney, J.B. Lind, Natalie M. McLaughlin, Martha Brewer Motley, Adam J. Rocco, Benjamin A. Shepler and Nancy Nicole Workman have been named partners of the firm.
- 11/8/2021Vorys attorneys hosted a webinar to discuss the OSHA COVID-19 Emergency Temporary Standard (ETS), which requires certain private-sector companies to regularly test non-vaccinated employees.
- 4/18/2019On April 18, 2019, Vorys hosted its annual Cincinnati Labor and Employment Law Update.
- 6/29/2017Vorys Partner Ben Shepler was a speaker at the New Director's Workshop 2: Essential Human Resources Management hosted by the Ohio Library Council on June 29, 2017.
- 12/9/2015Vorys attorneys Angela Gibson and Ben Shepler presented a webinar titled “Gender Issues in the Workplace” hosted by the Ohio Chamber of Commerce on December 9, 2015.
- 11/19/2014Vorys attorneys Angela Gibson and Ben Shepler presented a webinar hosted by the Ohio Chamber of Commerce on November 19, 2014.
- 12/1/2021On November 30, 2021, a federal district court in Kentucky temporarily blocked the federal contractor vaccine mandate from taking effect in Kentucky, Ohio, and Tennessee.
- 11/24/2021While most Americans feast on turkey and stuffing this week, the Sixth Circuit Court of Appeals will dig in to motions and briefing regarding the Occupational Safety and Health Administration’s emergency temporary standard on COVID-19 (the ETS).
- 11/13/2021Fifth Circuit extends its block on OSHA’s Emergency Temporary Standard, but the battle is just beginningAs we previously reported, on November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued a long awaited emergency temporary standard (the ETS) on COVID-19.
- 11/5/2021On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued a long awaited emergency temporary standard (the ETS) on COVID-19.
- 9/10/2021On September 9, 2021, President Biden announced that the Occupational Safety and Health Administration (OSHA) is developing a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any unvaccinated employees to produce a weekly negative test in order to come to work.
- 8/19/2021On August 13, 2021, the Occupational Safety and Health Administration (OSHA) issued updated guidance to align with recent Centers for Disease Control and Prevention (CDC) changes to masking and testing recommendations for fully vaccinated individuals (Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace | Occupational Safety and Health Administration (osha.gov)).
- 6/11/2021In January 2021, President Biden issued an Executive Order directing the Occupational Safety and Health Administration (OSHA) to take action to reduce the risk that workers may contract COVID-19 in the workplace.
- 4/27/2021On April 26, 2021, the Equal Employment Opportunity Commission (EEOC) announced the opening of its 2019 and 2020 EEO-1 data collection.
- 4/6/2021On March 12, 2021, New York enacted legislation requiring that all employers in the state provide paid leave time to their employees in order to receive COVID-19 vaccinations.
- 2/8/2021On January 29, 2021, the Occupational Safety and Health Administration (OSHA) published updated guidance for employers on COVID-19.
- 12/3/2020The California Department of Public Health already requires employers to notify local health departments if there are three or more cases of COVID-19 in their workplace within a two-week period.
- 12/2/2020The California Occupational Safety and Health Standards Board recently approved emergency, temporary COVID-19 regulations.
- 5/22/2020On May 19, 2020, OSHA issued two “updated” enforcement memos on injury reporting and OSHA’s enforcement response. OSHA’s guidance on these issues has shifted over time, and these newest iterations take effect on May 26, 2020.
- 4/2/2020IRS Issues Guidance on Required Documentation Necessary to Obtain Tax Credits on Paid Sick Leave and Emergency FMLA Leave RequestsThe IRS has released guidance specifying what documentation is needed for employers to receive the tax credits that will fund the paid leave required by the Families First Coronavirus Response Act (FFCRA).
- 3/13/2020OSHA recently reminded all covered employers of their obligations to provide a safe and healthy workplace in light of COVID-19.
- 1/31/2020Over Governor Larry Hogan’s veto, the Maryland General Assembly recently enacted legislation to prohibit employers from initially seeking job applicants’ criminal records.
- 3/20/2019Labor and Employment Alert: New Jersey Bans Non-Disclosure Agreements Related to Discrimination, Retaliation and HarassmentOn March 18, 2019, New Jersey Governor Phil Murphy signed a bill into law that bars many types of non-disclosure agreements (NDAs) that arise in the employment arena.
- 2/27/2019OSHA recently issued a final rule eliminating the short-lived requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 and 301.
- 1/7/2019In December 2018, Michigan enacted its Paid Medical Leave Act (PMLA), which becomes effective in March 2019.
- 11/9/2018On November 6, 2018, Missouri’s Medical Marijuana and Veteran Healthcare Services Initiative was adopted as an amendment to the state’s constitution by 65% of the voters. Missouri now joins 32 other states and the District of Columbia in legalizing medical marijuana.
- 10/22/2018In this Client Alert, we provide general information concerning the application of the Fair Labor Standards Act (FLSA) to agricultural employment.
- 10/16/2018Labor and Employment Alert: OSHA Clarifies That Safety Incentives and Post-Incident Drug Testing Are PermittedIn May 2016, OSHA published a final rule that prohibited employers from retaliating against their employees for reporting work-related injuries or illnesses.
- 9/14/2018Illinois recently amended its Nursing Mothers in the Workplace Act to require employers to provide paid breaks for nursing mothers to express breastmilk.
- 8/30/2018Labor and Employment Alert: New York City Mandates an Interactive Process for Most Accommodation RequestsThe New York City Human Rights Law (HRL) prohibits discrimination on the basis of age, citizenship, arrest or conviction record, caregiver status, color, credit history, disability, gender, gender identity, marital status, national origin, pregnancy, race, religion, salary history, sexual orientation, domestic violence victim status, unemployment status, or veteran or military status.
- 7/12/2018California’s Fair Employment and Housing Act prohibits harassment and discrimination based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation and military and/or veteran status.
- 7/6/2018Labor and Employment Alert: No Hand-Held Devices While Driving in Georgia (and 16 Other Jurisdictions)Georgia law already requires drivers to exercise “due care” in operating motor vehicles and to not engage in any actions which district the driver from the vehicle’s safe operation.
- 6/1/2018On May 17, 2018, South Carolina’s Pregnancy Accommodations Act became effective. The state enacted the law “to combat pregnancy discrimination, promote public health, and ensure full and equal participation for women in the labor force by requiring employers to provide reasonable accommodations to employees for medical needs arising from pregnancy, childbirth, or related medical conditions.”
- 11/30/2017Labor and Employment Alert: OSHA Extends the Deadline for Electronic Submission of Injury Reports to December 15, 2017Last year, the federal Occupational Safety and Health Administration (OSHA) amended its recordkeeping rules related to workplace injuries and illnesses to require employers keeping those records to submit information to OSHA electronically.
- 7/18/2017Effective January 1, 2018, Nevada employers will be required to provide leaves of absence to employees who are victims of domestic violence or whose family or household members are domestic violence victims.
- 6/1/2017On May 30, 2017, New York City became the third city behind San Francisco and Seattle to prohibit the practice of “on-call scheduling” for retail employees.
- 5/18/2017As we reported previously, the federal Occupational Safety and Health Administration (OSHA) amended its recordkeeping rules related to workplace injuries and illnesses in May 2016 to require employers keeping such records to submit information to OSHA electronically.
- 5/1/2017Labor and Employment Alert: OSHA Changes Direction and No Longer Allows Non-employee Union Reps on Safety InspectionsThe Occupational Safety and Health Administration (OSHA) no longer asserts that non-employee union representatives have the right to attend workplace safety inspections.
- 4/19/2017Labor and Employment Alert: Iowa and South Carolina Join the Trend in Preempting Local Wage-Hour LawsSpurred by the “Fight for $15” slogan, cities and counties throughout the United States have enacted laws to increase the minimum wage paid to employees within their jurisdictions.
- 4/6/2017On April 5, 2017, President Trump signed the congressional resolution disapproving Occupational Safety and Health Administration’s (OSHA) rule, “Clarification of Employer’s Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness,” generally referred to as the Volks rule.
- 1/6/2017The U.S. Department of Labor’s new overtime rules would have increased the minimum salary level for most overtime pay exemptions from $455 per week to $913 per week effective December 1, 2016.