Articles by Neil Klingshirn
The 2023 Ohio Rules of Civil Procedure Changes Just Took Effect. What Did You Miss?
Effective July 1, 2023, amendments to the Ohio Rules of Civil Procedure address the use of technology in discovery and at trial. Specifically, the amended rules provide for electronic service of discovery, remote testimony at depositions, taking remote testimony at trial, and the conduct of bench trials remotely. They also add a prior obligation to confer…
Non-competition agreements in Ohio – What Professionals Need to Know
Today, non-competition agreements, also known as non-competes, are everywhere, especially for professionals. These legal contracts seek to prevent professionals from starting a competing business or working for a competitor within a certain period of time and geographical area after leaving their current employer. Ohio, like many states, allows non-competes, although their enforceability often depends on…
The Pregnant Workers Fairness Act: A Necessary Protection for Expectant Workers
The U.S. legal system has various policies in place to protect workers’ rights and ensure fair treatment in the workplace. Laws such as the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act safeguard individuals against discrimination based on disability and sex, respectively. However, until recently, there was a significant gap…
NLRB General Counsel Concludes Non-Competes Violate Section 7 Rights
Non-competition agreements are under siege. Last year the Federal Trade Commission proposed a new regulation that largely bans non-competition agreements, legislation is pending in Congress that would do the same, and the General Counsel for the National Labor Relations Board today issued a Memorandum opinion concluding that non-compete agreements can violate the National Labor Relations Act (NLRA)…
Should Law Schools teach ChatGPT?
ChatGPT is a pretrained, large language model that uses deep learning to recognize, summarize, translate, predict and generate text and other content. Since ChatGPT is pretrained on everything publicly available on the internet, it can generate text that looks and sounds like information available on the internet. ChatGPT generates convincing, conversational text. ChatGPT and other…
Unions can only Waive their Members’ right to file Suit against their Employer if the Waiver is Clear and Umistakable
Believe it or not, a union can waive its members’ right to take their employer to court for violating the members’ civil rights. Employee rights advocates, like Protecting Ohio’s Employees and the Ohio Employment Lawyers Association, oppose this practice. Nonetheless, some unions will agree to waive their members’ rights to jury trials in exchange for wages or other…
This One Reason Justifies the FTC Rule Banning Non-competes
The Federal Trade Commission (FTC) issued a proposed rule that will ban all noncompete agreements except those connected to the sale of a business. It has been the topic of much discussion, with experts weighing in on the fairness effectiveness of non-competes. Recently, I was quoted in a MarketWatch article about noncompetes, and I wanted to take…
Small Business Administration Coronavirus Forgivable Loan Program
Q I heard that my business can borrow money to cover two months of payroll and not pay it back. Is that true?A Yes, as long as you are a small business and spend the loan on qualifying expenses. Congress passed the Paycheck Protection Program as an amendment to Section 7(a) of the Small Business…
Paid Coronavirus Sick Leave and Emergency FMLA FAQs
Q Who is entitled to receive Emergency Paid Sick Leave (Paid Sick Leave) benefits? A Beginning on or about April 1, 2020, employees who work for employers with fewer than 500 employees can receive Paid Sick Leave if they cannot work due to: Their quarantine for COVID-19 ordered by a health authority; Their quarantine for…
Appellate Court Provides Alternative Cause of Action for Procedurally Barred ADA Claims
While workers employed by government entities and their agencies are subject to the Americans with Disabilities Act, a federal appellate court recently expanded the grounds upon which an employee of such entities may bring a lawsuit. Kaleena Bullington worked as a dispatcher for the Bedford County Sheriff’s Department in Tennessee for over 8 years. During…
