Client Alerts, News Articles & Blog Posts

Everything you need to know about BMD and the industry.

CLIENT ALERT: Update on Discrimination

The “#metoo” presence and the recent Kavanaugh confirmation hearings have brought sexual discrimination issues to the forefront of the American mind.  Always an incendiary and confusing topic, it also includes various permutations of issues involving sex, sex stereotyping, sexual orientation, and  transgender  situations.  Employment issues abound, including proper use of restrooms and disciplinary matters. “LBGTQ” are more than mere letters strung together.

Cuyahoga County passed an ordinance recently which applies to all Cuyahoga County cities and townships, making it unlawful for any business to discriminate against any person based on their sexual orientation or gender identity.  A Commission on Human Rights was designated to investigate and rule on complaints.

Similarly, the City of Akron passed an ordinance expanding equal employment for employees working in the city.  Employers are prohibited from discriminating against employees located in the city, as well as businesses that take contracts from the City but are located elsewhere.  Employers with 4 or more individuals are prohibited from discriminating on the basis of the “traditional” bases (such as race, color, religion, etc.), but also on the basis of gender identity or sexual orientation.  The ordinance also created the Akron Civil Rights Commission to receive and investigate complaints.

The Equal Employment Opportunity Commission (“EEOC”) has taken the position that discrimination on the basis of sex includes transgender, sexual identity, and sexual orientation.  The Ohio Civil Rights Commission is the state investigative arm that similarly investigates such complaints (which they often term as a “Charge”).

Ohio is located in the Federal Sixth Circuit.  The Sixth Circuit Court of Appeals recently decided a case involving transgender issues, and also discussed whether a religious belief may play a part in an employer’s decision to terminate an employee.  That case is now on appeal to the United States Supreme Court and, no matter how the Supreme Court rules (and whether or not the Court decides to take the case for review), employer-employee relations will be affected.

Given the currently charged atmosphere, employers should consider a review of their employment practices and handbooks.  In addition, management training should be considered to stay ahead of the trends in this important area. 

If you would like more information, please contact Richard L. Williger at (330) 253-3770 or rlwilliger@bmdllc.com.

 

CLIENT ALERT: IRS Announces 401(k) and HSA Contribution Limits for 2020

With 2020 just around the corner, the IRS announced important information for the upcoming year for both 401(k) Contributions and Health Saving Accounts (HSAs).

CLIENT ALERT: U.S. Department of Labor, Wage and Hour Division Sets Enforcement Record

In advance of Halloween, the U.S. Department of Labor announced the results of its Wage and Hour Division's (WHD) recovery efforts for Fiscal Year 2019, and it reads like a horror story. The good news to lull you into a feeling of safety was that the 18,844 Complaints Registered was the fewest amount over the past 22 years or published records.

CLIENT ALERT: Will Ohio Recognize a Biddle Claim in a Post-HIPAA World?

OHIO SUPREME COURT WILL HEAR CASE INVOLVING CLASS ACTION FOR ALLEGED HIPAA VIOLATIONS: Will Ohio Recognize a Biddle Claim in a Post-HIPAA World?

CLIENT ALERT: Proposed New Rules to both the Stark Law and the Anti-Kickback Statute

On October 9, 2019, as part of the “Regulatory Sprint to Coordinate Care,” the Centers for Medicare and Medicaid Services (“CMS”), along with the US Department of Health and Human Services, Office of Inspector General (“OIG”), proposed new rules to both the physician self-referral law (“Stark Law”) and the Anti-Kickback Statute (“AKS”). Rule changes are aimed at fostering innovative arrangements for coordinating care consistent with a shift to a value-based system. Both proposed rules are expected to be published to the Federal Register on October 17, 2019. Public comments are due 75 days after publication.

CLIENT ALERT: New Overtime Rule Raises Minimum Salary Requirements and Other Changes to the Fair Labor Standards Act

Today, the U.S. Department of Labor (DOL) issued its Final Rule updating the regulations under the Fair Labor Standard Act: Effective January 1, 2020, employees who make less than $35,568 are now eligible for overtime pay under a final rule issued by the U.S. Department of Labor (“DOL”). The DOL expects 1.3 million workers to become newly eligible for overtime by updating the thresholds. The new rule will raise the salary threshold to $684 per week ($35,568 annualized) from $455 per week. This means that even if your employee qualifies under one of the overtime exemptions, if the employee is not earning at least $684/week, the employee will be eligible for overtime and minimum wage requirements.