On March 18, 2026, an Ohio jury delivered what may be the most consequential employer-accommodation verdict in the state’s history, and it was not even brought as an accommodation case. In Larkin v. Total Quality Logistics, LLC, the jury ordered the defendant/employer to pay $22.5 million in compensatory damages after finding the company’s refusal to …
The 6th Circuit Clarifies Retaliation Under the FMLA
On January 25, 2023, the United States Court of Appeals for the Sixth Circuit held that an employee’s notice of need for leave, regardless of whether the employee was ultimately entitled to the leave, was protected conduct under the Family and Medical Leave Act (“FMLA”). Milmen v. Fieger & Fieger, P.C., No. 21-2685 (6th Cir. …
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U.S. Department of Labor Signals Increased Focus on Protecting Against Retaliation
On March 10, 2022, the U.S. Department of Labor (DOL) and its Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2022-02 (FAB). FAB focused on retaliation against employees who assert rights under a broad array of federal laws, including the FLSA, FMLA, the Migrant and Seasonal Workers, various work Visa programs (such as …
It’s Official, the FFCRA Expires this Year. Tax Credits Available to Employers That Voluntarily Provide Paid Leave for COVID-19 Absences
There were rumors that with the new stimulus deal that Congress would extend FFCRA leave, but that turned out to be fake news. Upon reviewing House Speaker Pelosi’s press release discussing the stimulus deal it became clear that no, the FFCRA would not be extended to provide employees guaranteed paid leave benefits for COVID-19 qualifying …
Keepin’ It Real: Wage and Hour Issues in the Reality TV Industry
In September 2014, four reality TV participants on the show Texas Car Wars sued the network Megalomedia for violating the Fair Labor Standards Act (“FLSA”) alleging that Megalomedia did not pay them in full for their time on the show. According to the participants, film shoots regularly exceeded 40 hours per week and participants were …
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“Well I’m Gone to Detox Mansion”* – What Employers Should be Mindful of When an Employee Asks for Time to Enter Rehabilitation for Substance Abuse
From our perspective we appear to be experiencing an uptick in the reporting of employees testing positive for controlled substances, whether how to address positive tests for cannabis in those states in which it is legal to use either medically or recreationally, or other substances. We cannot quantify this uptick, but we have seen clients …
Facebook Evidence of Employee’s “Fore” Play Sinks FMLA Claim
With the news that Tiger Woods will be returning to the Memorial Golf Tournament, which is just a few miles from our Columbus, Ohio office, we thought a golf-related post would be interesting. This post concerns the recent case of Sharrow v. S.C. Johnson & Son, Inc. Case No.: 17-cv-11138 (E.D. Mich. Apr. 12, 2018), which not …
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United States Supreme Court Declines Review of Seventh Circuit ADA Leave Decision
This month the United States Supreme Court declined to review the Seventh Circuit Court of Appeals’ decision in Severson v. Heartland Woodcraft, Inc. The Plaintiff asked the Supreme Court to consider whether there is a per se rule that a finite leave of absence of more than one month (after the employee had exhausted his …
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A Holiday Pay Q&A to Keep Employers Off the Naughty List
December is a month of heavy spending. Not only are wallets taxed for holiday gifts, but December is also a heavy month for charitable giving. With money on everyone’s brains a little more this month, the All Things HR Blog thought it might be a good time to go do a Q&A of commonly asked …
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Avoid Title VII Pitfalls in Parental Leave Benefits – Offer the Same Parental Leave to Male and Female Employees
Many companies offer parental leave benefits above and beyond the 12 unpaid weeks required by the FMLA. However, well-meaning employers can run afoul of federal anti-discrimination laws by providing different parental leave benefits to fathers and mothers. Title VII bans employment discrimination on the basis of sex. 42 U.S.C.A. § 2000e-2. But recently there has …