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Supreme Court Upholds Jail Strip Searches - Even in Minor Offenses
04/13/12
The United States Supreme Court has ruled that those arrested, even for minor offenses, may be strip-searched before being admitted to jail, placing safety concerns over a detainee’s privacy rights.
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Right-To-Work in the Works?
04/13/12
Many have asked about what “right-to-work” is and how it would affect them. Twenty-three states have this law on the books, including most recently, Indiana. Despite the rise and fall of Senate Bill 5 last year, rumor has it that Ohio is next on the list. Essentially, a right-to-work law would bar mandatory union membership and prohibit the payment of union dues as a condition of employment (a.k.a. fair share fees).
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Employers Dinged for Impermissibly Broad Social Media Policies
04/13/12
In DFHK’s last two issues, we noted that the National Labor Relations Board (NLRB) and the State Employment Relations Board recently issued “guidance” for employers’ social media policies. In the continuing social media saga, that National Labor Relations Board issued a second guidance on January 24, 2012
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No Miranda Warnings? No Problem
04/13/12
Randall Fields was a Michigan state prisoner when he was taken to a prison conference room and questioned by Sheriff’s deputies regarding criminal activity he allegedly engaged in before being incarcerated.
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Magistrate Dismisses Prisoner's Claims of Cruel and Unusual Punishment in County Jail
04/13/12
On February 1, 2012, a Magistrate for Ohio’s Southern District Court recommended the dismissal of a cruel and unusual punishment claim by Randy Pollock, a former inmate in the Ross County Jail.
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Ohio Supreme Court Orders Repayment of Workers' Compensation Benefits
04/13/12
The Supreme Court of Ohio has ruled that a disabled Parma police officer who engaged in the illegal sale of prescription pain-killer drugs while he was receiving state workers’ compensation benefits engaged in “sustained remunerative employment,” and therefore must return benefits he collected after the date of his confirmed drug sale. State ex rel. McNea v. Indus. Comm., Slip Opinion No. 2012-Ohio-1296.
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Court Affirms Township's Removal of Firefighter Following Bench Trial
04/13/12
David Riepenhoff and Frank Hatfield recently received a decision from the Licking County Court of Common Pleas affirming the removal of a Monroe Township firefighter.
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DFHK Wins Bench Trial in Age Discrimination Case
04/13/12
Cheri Hass recently won an age discrimination trial in the Belmont County Common Pleas Court. In February 2011, former Belmont County Clerk of Courts Randy Marple was forced to lay off a long-term employee, Joanne Kightlinger, due to budget cuts.
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Can a Public Employee's Intentional Tort be Said to Arise Out of His Employment Relationship?
04/13/12
Yes. The Ohio Supreme Court recently held that when an employee sues his employer, a political subdivision, for an intentional tort, the civil action may qualify as an exception to immunity within the meaning of Ohio Rev. Code §2477.09(B).
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