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Mowery Youell & Galeano, LTD. Attorneys at Law
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January 2013 Archives

Employers May Be Unaware of OSHA Posting Deadline

Employers regularly confirm their understanding of properly completing the Occupational Safety and Health Administration (OSHA) 300 Log following a recordable injury during the year; however, some fail to realize they also have an obligation at year end to review the log and complete the Form 300A summary form. Your end of year review and completion of the summary form provide an excellent opportunity to address any safety deficiencies. It may also be an opportunity to review policies and procedures beyond OSHA and safety requirements. It is never a bad time to implement new policies to bring your company into compliance.

D.C. Circuit Rules Recess Labor Board Appointments Unconstitutional

The United States Court of Appeals for the D.C. Circuit ruled Friday, January 25, 2013, President Barack Obama's National Labor Relations Board (NLRB) appointments were unconstitutional when he bypassed Senate confirmation to fill vacancies, also known as recess appointments, as the Senate was not in recess.

Property division a challenge in some Ohio divorce cases

A highly contentious divorce between two unemployed doctors may be of interest to readers in Ohio. The divorce case goes to trial in the coming days and involves the division of assets, spousal support, child custody and child support. These issues may be familiar to those who have ended their marriages in our state.

Divorce can be affected by contract terms in Ohio

A professional baseball player is at the center of a divorce case that may be of interest to readers in Ohio. The man recently signed a high-value contract for his services with a foreign team. The player's contract has been made part of the divorce matter filed by his soon-to-be ex-wife.

Mowery Youell & Galeano, Ltd. Obtains Substantial Verdict in Age Discrimination Case

Mowery Youell & Galeano, LTD is pleased to report a substantial favorable verdict by one of its attorneys on an age discrimination case previously reported in its September 10, 2012 blog.   In Richard W. Warden v. Ohio Department of Natural Resources, ___- Ohio- ___, Court of Claims Case No. 2011-01232 (Apr. 4, 2012), the Ohio Court of Claims concluded that ODNR discriminated against Warden, a former retired employee, by rejecting him for re-hire under a policy that excluded the re-hire of all former retired employees.  The Court found that the policy had a disparate impact upon former employees over 40 years of age who had retired and pursued re-hire into employment at ODNR.   Since Ohio Revised Code 4112.14 protected individuals over 40 years of age from discrimination in hiring, the Court ruled that ODNR's no-rehire prohibition violated the statute.

Acting General Counsel Includes Front Pay in NLRB Settlements

Acting General Counsel of the National Labor Relations Board (NLRB) Lafe E. Solomon issued Memorandum GC 13-02 on January 9, 2013 modifying existing Board policy to now permit Agency settlements to include front pay. The memorandum confirmed the long standing favoritism of Agency settlements towards reinstatement; however, it acknowledged that parties and discriminatees routinely negotiate a waiver of reinstatement in return for a monetary amount.

Ohio property division can include all assets and liabilities

Property division is one of the most contentious issues in many divorce cases. Readers in Ohio may be interested to learn of the rules regarding property division in a divorce in another state. Those the specific rules of the other state do not necessarily apply in divorces in our state, they do shed light on how some view property division settlements.

Ohio alimony settlements may benefit from proper planning

When a person in Ohio decides that they wish to file for a divorce from their spouse, there can be many important items to consider. One report indicates that some individuals may benefit from planning for the future before filing and waiting until after the busy holiday season. Such efforts may result in a better settlement for alimony, the authority says.

Ohio Raises Minimum Wage to $7.85

Effective January 1, 2013, the new minimum wage in Ohio rose 15 cents to $7.85 per hour. The minimum hourly wage for non-tipped employees is linked to inflation under a state constitutional amendment Ohio voters approved in 2006. The minimum wage uses the Consumer Price Index to adjust for inflation, as tracked from August to August every 12 months. Ohio was one of 10 states that raised its minimum wage at the start of the new year between 10 and 35 cents, modestly boosting the incomes of nearly 1 million low-paid workers. 

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