Fall 2016
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A Periodic Publication of Fishel Hass Kim Albrecht Downey LLP

Cat’s Paw Liability Now Extends to Co-workers
On August 29, 2016, the United States Second Circuit Court of Appeals issued a 3-0 decision in Vasquez v. Empress Ambulance Service. The Court adopted the “cat’s paw” liability theory....
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“Don’t Tread on Me” Insignia at Work Possibly Racial Harassment
In Shelton D. v. U.S. Postal Service, the Equal Employment Opportunity Commission (EEOC) upheld a 2014 decision by its Office of Federal Operations, which held that a co-worker continuing to wear a hat with the phrase “Don’t Tread on Me” was a cognizable claim of harassment that must be investigated by the employer.... Learn More.

HB 187: Emergency Medical Personnel Now Able to Treat Dogs & Cats in Emergency
The Ohio legislature passed House Bill 187 over the summer, and it recently went into effect on August 31, 2016. House Bill 187 authorizes emergency medical personnel to provide emergency medical services to an injured cat or dog, in the course of an emergency response, before the animal is transferred to a veterinarian.... Learn More.

State ex rel. Pietrangelo v. City of Avon Lake: Ohio Supreme Court Denies Action and Damages in Police Records Case
On September 13th, the Ohio Supreme Court denied a court action brought to compel a police department to produce records in the case of destroyed police officer incident notes. .... Learn More.

Medical Marijuana and the Second Amendment: The Ninth Circuit Upholds Federal Policies Prohibiting Sale of Guns to Medical Marijuana Registry Cardholders
The Ninth Circuit recently decided that a citizen does not have a constitutional right to simultaneously hold a medical marijuana registry card and purchase a firearm. .... Learn More.

Ohio and Twenty Other States File Suit Challenging DOL Authority to Implement New FLSA Overtime Exemption Rules
The On September 20, 2016, officials from Ohio and twenty other states filed a lawsuit in the Federal District Court for the Eastern District of Texas seeking an injunction and declaratory relief against the Department of Labor to halt implementation of new rules for overtime exempt “white collar” employees under the Fair Labor Standards Act. .... Learn More.

Sixth Circuit Affirms in Favor of Richland County Sherriff’s Office in Police Malicious Prosecution Case
On FHKAD Attorneys Dan Downey and Paul Bernhart secured summary judgment in a police liability case, France v. Lucas , which was recently affirmed by the Sixth Circuit Court of Appeals. This marks the first time in the Sixth Circuit that the “sham affidavit doctrine” has been applied to a codefendant’s affidavit.... Learn More.

EEOC Argues for Title VII Coverage of Transgender and Sexual Orientation Discrimination in Litigation Across the Country
In over a dozen cases in recent years, the Equal Employment Opportunity Commission has advocated for Title VII protection of employees discriminated against on the basis of transgender status or sexual orientation. .... Learn More.

Workers’ Compensation Retaliation Claims Do Not Require Proof of a Workplace Injury

On July 21, 2016, the Supreme Court of Ohio issued a 6-1 decision that an employee is not required to prove that he/she sustained a work-related injury in order to establish a case of workers’ compensation retaliation.... Learn More.

Tips for Employers Implementing the Department of Labor’s New Overtime Regulation
The new Department of Labor’s (DOL) regulations regarding overtime take effect on December 1, 2016. With this deadline fast approaching FHKAD has compiled some tips for employers: .... Learn More.



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Ben Albrecht will be presenting to the New Directors of the Ohio Job and Family Services Directors' Association on Monday, October 17, 2016.  He will be speaking on Discipline of Public Employees, FLSA, Managing FMLA & ADA Cases, Social Media, and Workplace Violence and Bullying. 

Marc Fishel and Frank Hatfield will be presenting at the Ohio CSEA Directors' Association Fall Training on October 17, 2016. Marc will be presenting a Supervisor Session entitled "Social Media in the Workplace & 1st Amendment - Can They Say That?" from 9:00AM - 10:15AM.  Frank will be presenting a Supervisor Session, "Performance, Discipline, & Conducting Interviews" from 10:45AM - 12:00PM and a Legal Session, "Privacy in the Workplace" from 1:30PM - 2:45PM.

Edward Kim will be presenting at the Ohio Association for Court Administration's Fall Conference on October 21, 2016.  

To see more dates when our attorneys are speaking, please click here.

You Don’t Want to Miss Our Next Free Friday! Click here to read more.

We have changed our name!

We are now:
Fishel Hass Kim Albrecht Downey LLP


FHKAD Seminar happening on Nov. 1st!

Marc Fishel and Ben Albrecht will be presenting at
FHKAD's Fall Conference on November 1, 2016.

"The Importance of Updated Workplace Policies
and Other Considerations
Related to Employee Discipline"


You may register now by emailing:
or by calling:
(614) 221-1216


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