In the case of B.L. v. Mahanoy Area School District, the United States Court of Appeals for the Third Circuit held that a school district could not punish a student for expressing dissatisfaction with the school district and its cheerleading program via social networking platforms, as this speech is protected by the First Amendment to […]
Ohio joined forty-eight (48) other states in allowing sex marker changes on an individual’s birth certificate, after the recent ruling by the United States District Court for the Southern District of Ohio in the case of Ray v. McCloud. In Ray, the Court held the policy of the Ohio Department of Health (“ODH”) denying Ohioans […]
In the case of Faulkner v. City of Cincinnati Civil Serv. Comm’n., 2020-Ohio-6711, the Ohio First District Court of Appeals held that an employee was properly classified as an Administrative Technician based on the employee’s duties. The employee argued that the classification Administrative Specialist was a more accurate description of the employee’s role and that […]
In the case of Key Realty, Ltd. V. Hall, 2021-Ohio-26, the Ohio Sixth District Court of Appeals held that an independent contractor did not violate a Non-Competition, Non-Solicitation, and Confidentiality Agreement because of their status as an independent contractor. Key Realty argued that Hall violated numerous covenants of the Agreement when Hall created a subsequent […]
Effective March 8, 2021, the United States Department of Labor (“DOL”) will adopt a new rule to determine if an individual is an employee or an independent contractor under the Fair Labor Standards Act (“FLSA”). The new five factor rule refines the “economic reality” test. Of the five factors, the first two are the most […]
In the case of O’Brien v. Great Parks of Hamilton Cty., 2020-Ohio-6949, the Ohio First District Court of Appeals held that a golf course was immune from liability when a lawnmower struck an individual, because the lawnmower did not possess any mechanical defects prior to the accident. The individual, who had been struck by a […]
