Summer 2018
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A Periodic Publication of Fishel Downey Albrecht & Riepenhoff LLP

Supreme Court Holds Fair Share Fees Unconstitutional
In a 5-4 decision, the Supreme Court overruled past precedent and held that public-sector unions cannot require non-member employees to pay “agency fees” (fair share fees) which cover the costs of collective bargaining.... Learn More.

Supreme Court Rules in Favor of Baker in Masterpiece Cakeshop Case
In a 7-2 decision, the United States Supreme Court held in favor of a Colorado baker who refused to make a cake for a same-sex couple because of his religious beliefs....
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Cell-Site Location Information Considered “Search” Under Fourth Amendment
On June 22, 2018, the U.S. Supreme Court ruled in Carpenter v. U.S. that a warrant is needed to access cell-tower records.... 
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Court Holds Working from Home is Reasonable Accommodation for Pregnant Worker
On February 21, 2018, the U.S. Court of Appeals for the Sixth Circuit held that working from home was a reasonable accommodation for a pregnant attorney....
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 Judge Rules President Trump’s Blocking of Twitter Users is Unconstitutional
A federal judge of the Southern District of New York held that President Trump violated the First Amendment by “blocking” individuals from his @realDonaldTrump twitter account.... 
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  Suboxone Part II
This quarter, we bring you a practical example of the need for policies and EEOC compliance in the context of Suboxone.... 
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Arbitrator Rules on Interaction Between Workers Comp and Injury Leave
Arbitrator recently upheld an employer’s denial of continued injury leave to an employee with a workers’ compensation injury.... Learn More.

Working from Home Presents Employment Law Issues
Technology is not only changing how we work, but also where we work... Learn More.
 Up in Smoke? Employer Drug Policies in the Wake of Medical Marijuana
As Ohio gears up for legal medical marijuana to be fully implemented this fall, many employers are unsure of how this will affect their drug-policy and employment decisions .... Learn More.

Epic Systems Decision
In a 5-4 decision released at the end of May, the U.S. Supreme Court held that arbitration clauses requiring individual proceedings (as opposed to class proceedings) are enforceable.... Learn More.

  Sixth Circuit Holds “Spiritual Coercion” Not a Violation Of The FLSA
Are church member volunteers, working for a church’s for-profit restaurant , considered “employees” covered by the Fair Labor Standards Act (“FLSA”)?... Learn More.

Court Holds Arbitrator’s Finding of “Just Cause” Encompassed Many Arguments
A Trumbull County judge has ruled that an arbitrator did not exceed his authority by finding that an employee was terminated for just cause.... Learn More.

IRS Sending out Employer Shared Responsibility Penalty Notices
Recently, the IRS has begun sending out Employer Shared Responsibility Penalty Notices to Applicable Large Employers (ALEs).... Learn More.

Did You Know...
Did you know, that our attorneys have vast experience in directing and conducting workplace investigations for employers? These services.... Learn More.


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Marc Fishel will team up with Joe Hegedus of the OPBA to present a webinar for the County Commissioners Association of Ohio (CCAO) on July 18. The webinar is entitled "Janus v. AFSCME: Impact on Public Employers and Action Steps to Comply While Maintaining Good Labor Relations".  For more on CCAO, click here.

Marc will again be speaking at the Ohio Municipal Attorneys Association (OMAA) July Law Institute on July 26, addressing rural problems in urban environments. For more on OMAA, click here.

Then, on September 28, Marc will present to the Association of Ohio Health Commissioners' (AOHC) Fall Conference speaking on harassment issues.  For more on AOHC, click here.


David Riepenhoff will address the ADA and Workplace Safety on August 16 with the Richland County Safety Council. For more on the Richland County Safety Council, click here.


Stephanie Schoolcraft will present to the Ohio Public Employer Labor Relations Association (OHPELRA) on August 29.  She will conduct two presentations.  The first presentation is "A Recipe for Compliance in the World of Alphabet Soup" and the second presentation is "Overcoming Challenges of Fitness for Duty with Safety Services."  For more information on OHPELRA, click here.              


Fishel Hass Kim Albrecht Downey LLP has changed its name to

Fishel Downey Albrecht & Riepenhoff LLP

effective July 1, highlighting the law firm's further growth.


And, congratulations are in order for 

Melanie J. Williamson 

        We are pleased to announce that Melanie Williamson
        has become a partner with the firm.

The focus of Melanie’s practice is civil litigation. She has appeared before the Sixth Circuit Court of Appeals, State Court of Appeals, trial courts and administrative agencies. 

See more about Melanie here.

Congratulations Melanie! 


Please join FDAR in welcoming

Maria Restrepo

Maria is a first-year law student at The Ohio State University Moritz College of Law
and we are pleased to have her join our team as a Law Clerk.

Welcome Maria! 

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