Crack-Cocaine Enterprise is Sustained Remunerative Employment
Posted on January 3, 2008 by Darin Van Vlerah
Even in the chaotic world of Ohio workers’ compensation, crime still doesn’t pay – at least not for one enterprising Ohio claimant. Finding that the sale of crack cocaine over a three-year timeframe amounted to an exchange of labor for pay over a sustained period, the Ohio Supreme Court upheld the Industrial Commission’s determination that an injured worker was not entitled to permanent total disability compensation. In reaching this rather obvious conclusion in State ex rel. Lynch v. Indus. Comm., 2007-Ohio-6668, the Ohio Supreme Court rejected the injured worker’s inspired argument that his activity could not be considered sustained remunerative employment because it was illegal. Continue reading . . .
New EEOC Rule Makes an Exemption to Erie Decision and Allows Coordination of Healthcare Benefits for Retirees with Medicare
Posted on January 2, 2008 by Jamie LaPlante
On December 26, the EEOC announced a new rule that makes it easier for employers to help retirees maintain adequate healthcare benefits. In particular, employers that provide retiree healthcare benefits may coordinate those benefits with Medicare benefits without engaging in age discrimination based on the difference in ages between younger non-Medicare-eligible retirees and older Medicare-eligible retirees. Continue reading . . .
Deductions From Pay Can Be Dangerous!
Posted on December 31, 2007 by Jaime Powell
Are you making improper deductions from employees’ pay without even realizing it? Have you ever had a manager who is consistently late and you want to impose a fine equal to 15 minutes of pay for each occurrence? Or an hourly employee who loses or destroys company tools or equipment and you want them to pay you back for what they broke? What about an employee who resigns while he or she has a negative leave balance? In all these situations, making a deduction from pay makes logical sense. But these deductions may be contrary to wage and hour law. Continue reading . . .