Tarkowsky Employment Law Bulletin: Winter 2016

Ohio Minimum Wage to Remain the Same in 2016

  • The Ohio Department of Commerce has announced that the Ohio minimum wage will not increase in 2016 and instead will remain at $8.10 per hour for nontipped employees and $4.05 per hour for tipped employees. The minimum wage applies to businesses with gross annual receipts of more than $297,000 per year. Thirteen other states are raising their minimum wage effective January 1, 2016.

Allen v. City of Chicago, 828 F. Supp. 543 (N.D. Ill. 1993)

  • This case held that an employer may be required to compensate employees for time spent checking worked related emails (on their smartphones) while off-duty. The Court created the following test for determining if compensation is required: (1.) Did the employee perform compensable “work” for which they were not paid? (2.) Did the employer have actual or constructive knowledge that the employees performed work without compensation? Generally, the Court held that tasks necessary to the employees’ jobs were deemed compensable; whereas, tasks that were incidental and non-essential were not compensable.

Bipartisan Budget Act of 2015 – Effect of OSHA Penalties

  • The newly enacted Bipartisan Budget Act of 2015 will increase employer penalties for OSHA violations, which have remained relatively constant over the previous 25 years. Under the new law, penalties will immediately increase in some cases up to 150%, and OSHA will be required to annually adjust penalties based upon the Consumer Price Index.

USCIS Proposes New Form I-9

  • The current version of the Form I-9 is set to expire on 3/31/16. As a result, USCIS has issued proposed changes to the Form I-9, which would include more complete instructions, and the ability for employers to complete the form by use of their computer. Public comment for the proposed changes to the Form is available until 1/25/16 at http://www.regulations.gov/#!docketDetail;D=USCIS-2006-0068.

Boeing Co., 362 N.L.R.B. No. 195, 8/27/2015 In this case, the National Labor Relations Board held that an employer cannot legally require or “recommend” that an employee keep internal investigations confidential. An employer may only require employees to keep trade secrets and other legally protected information confidential. As a result, employee handbooks should not contain sweeping confidentiality provisions which prohibit or recommend that an employee remain silent during an investigative process.