Employment Law Wrap Up – A Review of 2016

January 09, 2017  |   Posted by :   |   Uncategorized,YPHR Blog

Last year was a busy year in the areas of Human Resources and Employment Law.  Here is a brief summary of some of the recent changes in both Ohio and Federal employment laws in 2016.  scales-36417_640

December 19, 2016:

Governor Kasich signed a bill restricting Ohio’s municipalities from establishing minimum wage requirements that exceed the State’s minimum wage.  This is in direct response to the effort to raise Cleveland’s minimum wage to $15/hour, and similar efforts in other cities.  While this could be subject to legal challenge, for now it effectively kills the $15/hour movement in Ohio.

December 1, 2016:

OSHA’s new rules regarding post-accident/injury drug tests, safety incentive programs and reasonable injury reporting procedures went into effect.  These rules limit employers’ rights to have across-the-board post-accident/injury drug tests.  Instead, tests should only be conducted where there is a reasonable belief that drug use contributed to the injury.

Action Needed:  Update your drug test policy and reporting structures in accordance to the new rules, review safety incentive programs.

November 22, 2016:

New overtime salary test is halted.  The new rules, which would have gone into effect on December 1, 2016, would have raised the “salary test” for exempt employees to $47,476.  The ruling is temporary, pending a full hearing and final decision (which would be subject to appeal).  The rule may also be revoked or revised by the new Administration in January.

September, 2016:

marijuanaOhio’s medical marijuana law went into effect.  Under this law, doctors will be able to prescribe marijuana to individuals within the state who have been diagnosed with certain medical conditions or diseases.  However, employers may still consider marijuana use – even if for medical purposes – a violation of the company’s drug policies.  Applicants can still be denied employment based upon a positive drug test, and employers may discipline or terminate employees who test positive for marijuana on company drug tests, including post-accident/injury or reasonable suspicion tests, even if they have a legal prescription to use it.

Action Needed:  Update your drug test policy to put employees on notice that a prescription for medical marijuana does not exempt them from these rules.  

Additional information:

Medical Marijuana Impact on Ohio BWC – bwc.ohio.gov

 

2017:

Ohio’s “Guns in Trunks” Law

A new law signed by Governor Kasich on December 19, 2016, prohibits employers from having policies that prevent employees from keeping guns in their cars, even when the car is parked on company property.  Guns must be kept in an enclosed compartment or container, and this only applies to persons with concealed carry licenses.  The law goes into effect on March 17, 2017.  Employers with “no weapons” policies will need to update their employee handbooks.

Employment form and posters:

Ohio’s minimum wage changes January 1, 2017 to $8.15.  Download the new poster here:

http://www.com.ohio.gov/documents/dico_2017MinimumWageposter.pdf

I-9 Forms changes go into effect January 22, 2017.  Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens.  Download the new forms here:

Form I-9 (PDF, 535 KB)

Form I-9 Paper Version (This version is unfillable and must be printed for completion on paper only.) (PDF, 73 KB)

Form I-9 in Spanish (May be filled out by employers and employees in Puerto Rico ONLY) (PDF, 421 KB)

 

If you have any questions regarding any of these issues how it impacts your business and employees, please contact, Your Partner In HR’s Legal Advisor,  Jennifer Corso or visit www.yourpartnerinhr.com to learn more about our services. 


Related Posts