Archive for the ‘Law’ Category

Presenting: The Top 5 Issues Confronting Your HR Practices

Friday, May 14th, 2010

Yesterday, KJK’s Labor & Employment Group presented our first Breakfast Briefing of the year, The Top 5 Issues Confronting Your HR Practices. We had an ambitious agenda, covering the classification of employees, health care reform, workplace technology, the ADAAA, and hiring. Thanks to everyone who attended and helped make our event successful. For those that could not attend, below are the PowerPoint slides. Keep you eyes on this space for updates on our next Breakfast Briefing later in the year.


Presented by Kohrman Jackson & Krantz, with offices in Cleveland and Columbus. For more information, contact Jon Hyman, a partner in our Labor & Employment group, at (216) 736-7226 or jth@kjk.com.

WIRTW #126

Tuesday, May 11th, 2010

Believe it or not, Sunday is the three year anniversary of the Ohio Employers Law Blog. Need proof? Heres a link to my very first post, May 9, 2007: The Song Remains the Same Has Burlington Northern Really Changed the Landscape of Retaliation Claims? Ive since written 867 posts, a number that is hard even for me to comprehend. Maybe at the five year milepost Ill compile my best posts into a book for those that have been with me from the beginning.

In the meantime, heres post number 868what Ive been reading across the blogosphere this week.

Wage & Hour

  • Employers Beware of the Misclassified Employee from Jennifer Hays at the Warren & Hays Employment Law Blog

  • President Obamas Inaugural Year and Future Agenda: The Department of Labor from Washington Labor & Employment Wire

  • Clamping Down on Misclassification from Human Resource Executive Online

  • BNA: AFL-CIO Lawyer Highlights Government Focus on Misclassification of Employees, Independent Contractors from Labor Relations Today

  • PTO Passing the Tipping Point? Majority of Employers Report Pooled Leave Plans from Ann Bares at Compensation Force

Social Media

  • Do You Need to Use Social Media to Provide Legal Advice on It to Employers? No, But… from Dan Schwartzs Connecticut Employment Law Blog

  • Social Media and the Hiring Process, Benefits and Risks from the Iowa Employer Law Blog

  • The Revolution Continues Social Media Is Not a Fad from Jennifer McClures Cincy Recruiters World

  • Managing your Online Identity from Marcia McCormick at the Workplace Prof Blog

  • Panel Discussion on Social Media, Background Checks and Employment Screening from Nick Fishman at employeescreenIQ Blog

Technology

  • Survey says: most teens don’t have a data plan, almost all send texts from Engadget Mobile

  • R.I.P. Floppy Disks (1981-2011) from Inside Opinions: Legal Blogs

Trade Secrets and Competition

  • San Jose Business Journal: Trade Secret Theft By Rogue Employees On the Rise from Trade Secrets Blog

  • First District upholds contempt sanctions for violation of non-compete agreement from the FSSP Blog

EEO & Harassment

  • The Un-pretty Protected Class? from Philip Miless Lawffice Space

  • EEOC Charge Filed for Illegal Firing Under GINA from Nolos Employment Law Blog

  • DOL Unveils Federal Disability Law Compliance Website for Employers from Washington D.C. Employment Law Update

  • But they didn’t ask-The Interactive Process and ADA compliance from HR Cafe

  • Discipline of Employees Who Have Engaged in Protected Activity from GT LE Blog

  • Employees Harassed by Customers: When is the Employer Responsible? from Fitzpatrick on Employment Law

  • 4th Circuit Remands Discrimination Case For Trial from Laconic Law Blog

  • 3rd Court weighs in on what constitutes a hostile work environment from Work Matters

  • Combating arbitrary discrimination based on appearance from Walter Olsons Overlawyered

  • Blown Up Breasts Blown Off by Jury from The Word on Employment Law with John Phillips

Labor Relations

  • A Good Catch: NLRB footnote may signal things to come from LaborUnionReport.com

  • Preparing For Democracy In The Workplace from Hunton Employment & Labor Law Perspectives


Presented by Kohrman Jackson & Krantz, with offices in Cleveland and Columbus. For more information, contact Jon Hyman, a partner in our Labor & Employment group, at (216) 736-7226 or jth@kjk.com.

Does the punishment fit the crime in your workplace?

Tuesday, May 11th, 2010

Last week, this happened at a Philadelphia Phillies game:

 

A fan ran onto the field, and was promptly tasered by the police.

What does this have to do with employment law, you might be asking yourself? The Philadelphia police department is in he middle of a debate as to whether its use of a Taser was necessary or excessive. While your employees are likely at-will, you will be embroiled in the same debate when you defend a termination in court. While you have the legal right to terminate an employee at any time for any reason, juries will be asking themselves if the punishment fits the crime. If it does not, they will look for another reason for the punishmentsuch as discrimination.

When you make the difficult decision to terminate an employee, ask yourself: Do the actions really warrant termination? How have we treated other employees under similar circumstances? Is there a lesser punishment we can live with? Or, is the action so bad that termination is necessary? Judges and juries will be asking these questions when they decide your case. It is probably a good idea for you to also ask them of yourself.


Presented by Kohrman Jackson & Krantz, with offices in Cleveland and Columbus. For more information, contact Jon Hyman, a partner in our Labor & Employment group, at (216) 736-7226 or jth@kjk.com.

Proof Tax Laws Faulty: 9 Out Of 10 Americans Set To Declare Bankruptcy

Monday, April 12th, 2010

As the distribution of wealth in America becomes increasingly skewed toward the wealthiest 7% or so of the population, where we find more and more resplendently bedecked billionaires, the income of the other 93% of the populace continues to go the way of wealthiest.

The growing destitution of this significant segment of the population has now become so acute that the majority of Americans are all set to declare bankruptcy.

Appropriately concerned, since we remember the Aristotelian analysis that the stability of a state depends on a the middle class in case ancient sages segmentation has dropped out of the back of your mental file cabinet, he avers, it turns out a bit too generally, that the poor have no material stake in the society and the wealthy are too taken up with whooping it up we ask, why is it ever more possible for the few to accumulate billions, while the many grow more insolvent?

There is, of course, the much reverenced idea that the race is to the quick and were lucky to have the energetic entrepreneurs, CEOs, and various early adapters and assorted scammers, because, in the process of accumulating their wealth, they do throw off some shekels for the needy multitude.

Yet one does still persistently wonder about the current upward drift of pay dirt.

As a result of our cursory demographic analysis of the distribution of assets and debt, we arrive at the conclusion that the tax code is evidently flawed.

If every billionaire whos gleefully accumulating his or her way to the status of multibillionaire was also required, while clenching legally onto some few billions as a just reward for expertise of one sort or another, to pay billions in taxes, the government would be well-enough provided for without taking a pair of Dracos shears to the transparently taxable paycheck of the average Joe or Jan.

Further evidence of that the tax code is not proportionate to the ability to earn is, while someone who earns billions makes headlines, if even anybody ever paid billions in taxes, he or she would make history.

In conclusion, its time to set up the tax laws so the quick who earn their billions will pay proportionate billions and the beleaguered average wage earners can step back from the brink of bankruptcy.

The revision requires little change in lifestyle at the high end and presents rejuvenating rewards to the middling low end.

After all, what is the difference between the life a person can have with a mere billion or so to fling around or keep under the floorboards compared with the one he or she can have with many more billions? On the other hand, there is quite a sumptuous difference between how one can live when he or she is making the usual $40,000 to $50,000 a year while their much revered but feared Uncle Sam is standing by with his big hand at the ready for a scoop of what is, in todays calculation of monetary splendor, hardly more than necessitous chump change.

Choosing a Lawyer

Thursday, February 11th, 2010

Choosing a lawyer can be a tough decision. The most important part of the decision is what type of attorney you will require. If you are going to court for a possession charge, you need a criminal defense lawyer. If you are going for a divorce, naturally you want a divorce lawyer. Choosing specialized representation is always a good idea because the person you choose as your attorney will have a vast wealth of knowledge on that particular subject, instead of a small amount of experience in many different fields. You dont need your personal injury lawyer to know anything about divorce law right?
So where do you find a reliable lawyer? The most convenient way it to look online. There are a few reliable web sites out there for finding an attorney in your city or state. Generally you want to search based on the type of representation you require, followed by your state or closest major city.
What are you looking for in a lawyer? Well you definitely want him to be an honest, warm person. Dont waste your time with people who seem like your not worth theirs. You also want someone with experience. Inquire about experience : how long he/she has been practicing, what school they graduated from, etc. Most attorneys will happily show you their credentials. If they hesitate, they likely dont have many credentials and you might want to stay clear of that particular person.
Overall, when looking for the right attorney you just gotta use your judgement. The same rules apply to choosing a family doctor or a psychologist; you want to feel comfortable that you are being taken care of. Never be afraid to ask questions, and most importantly keep yourself involved in your case. If you are filing for bankruptcy, read up about the laws and exemptions of your particular state.

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