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Category: Current Issues

Here is a compendium of current issues that affect Ohio’s public entities, plus McGown & Markling news of note.

Federal District Court Extends Department Of Education’s Guidance Regarding Transgender Students To Locker Rooms And Shower Facilities

In the case of Carcaño v. McCrory, No. 1:16cv236 (M.D.N.C. Aug. 26, 2016), a federal district court in North Carolina found that a 2015 United States Department of Education (“Department”) opinion letter, which directed schools to provide transgender students equal access to locker rooms and shower facilities consistent with their gender identities, must “be accorded […]

Federal District Court Issues A Nationwide Order Preventing The United States Department of Education From Enforcing Its Dear Colleague Letter Regarding Transgender Students

In the case of Texas v. United States, No. 7:16-cv-00054 (N.D. Tex. Aug. 21, 2016), a federal district court in Texas issued a nationwide order preventing the United States Department of Education (“Department”) from “initiating, continuing, or concluding any investigation based on [the Department’s] interpretation that the definition of sex includes gender identity in Title […]

Schools Must Release Student Directory Information as Public Records

A school district must release student contact information requested by a private, non-profit, corporation according to the Ohio Supreme Court in the case of State ex rel. School Choice Ohio, Inc. v. Cincinnati Pub. School Dist., Slip Opinion No. 2016-Ohio-5026. “School Choice Ohio, Inc. (“School Choice Ohio”), is a private, nonprofit corporation that informs Ohio […]

Governor Kasich Signs Expedited Public Records Complaint Process

Senate President Keith Faber (R-Celina) announced on June 29, 2016, the signing of legislation creating an expedited process for an individual who has had a public records request denied by a public office. The legislation, Senate Bill (“SB”) 321, was signed by Governor Kasich on June 29, 2016. As reported in our June 17, 2016 […]

UPDATED: Lawmakers Finalize Expedited Public Records Complaint Process

The Ohio General Assembly has created an expedited process to hear complaints from citizens alleging they were wrongfully denied access to public records. The legislation, Senate Bill (“SB”) 321, was signed by Governor Kasich on June 29, 2016. Under existing law, a person allegedly aggrieved by the failure of a public office to promptly provide […]

The Department of Labor Finalizes New Overtime Rules for Salaried Employees

The Department of Labor finalized a rule that will update overtime protections under the Fair Labor Standards Act of 1938 (“FLSA”). The FLSA provides, among other things, that workers be paid time-and-a-half for any hours worked over 40 hours in a week. In general, all hourly employees are guaranteed overtime, and salaried employees are presumed […]