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Ohio Employer Alert: Weapons Policy Review Needed; No Local Sick Leave

During the December lame duck session, the Ohio legislature passed SB 199. Among other things, the law provides that a business entity, property owner, or public or private employer may not establish, maintain, or enforce a policy or rule that prohibits or has the effect of prohibiting a person who has been issued a valid concealed handgun license from transporting or storing a firearm or ammunition inside the person’s privately owned motor vehicle. Thus, under SB 199 employers cannot prevent employees who are licensed to carry guns from keeping those guns locked in their own car in the company parking lot.

Employers with employees in Ohio are advised to review their weapons policies for compliance with the new law, which is effective March 20, 2017.

The legislature also passed SB 331, which (among other things) prohibits political subdivisions of the state from passing laws or otherwise regulating a number of areas of employment, including but not limited to:

  • Minimum wage laws that exceed the state wage rate;

  • Fringe benefits , including leaves of absences, sick pay, vacation, and other benefits;

  • Requiring on-call, show-up, or reporting pay; and

  • Requiring advance notice of scheduling changes.

SB 331 is effective March 20, 2017.

Although Ohio could still pass a statewide sick leave law, SB 331 will avoid the patchwork of local sick leave laws that is blanketing other states, such as California and New Jersey, and creating headaches for employers. While this is good news for employers with employees in Ohio, multi-state employers still have to contend with local laws on all of the above in states outside of Ohio. For example, Seattle recently passed a scheduling ordinance, several jurisdictions require employers to provide reporting pay for employees who show up but are sent home without performing a minimum amount of work, and of course, as all multi-state employers are aware, an increasing number of jurisdictions require employers to provide paid sick leave for their employees.

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About this Author

Jill S. Kirila, Squire Patton Boggs, Service Provider Relationship Lawyer, Multistate Litigation Attorney
Partner

Jill Kirila represents and counsels companies in all aspects of employment and other service provider relationships. She has extensive multistate litigation experience before federal and state courts and administrative agencies and regularly defends employers against all types of discrimination and wage and hour claims, as well as executive (including ERISA) benefits and breach of contract claims.

614 365 2772
Shennan Harris Employment Lawyer Squire Patton Boggs Columbus
Associate

Shennan Harris helps employers solve – and prevent – problems through efficient, effective, personalized representation and counseling.

Shennan excels at efficiently and effectively managing all aspects of the litigation process and thinking outside the box to resolve tough problems. She represents clients in all aspects of complex litigation and arbitration, including class actions and in state and federal trial and appellate courts, as well as helps employers resolve charges of discrimination and other disputes before administrative agencies.

In addition to her dispute resolution work, Shennan counsels employers of all sizes regarding all aspects of federal, state and local employment law, including hiring, termination, wage and hour compliance, FMLA and ADA issues, federal contractor issues, and employee handbooks and policies. Shennan is well-versed on state and local employment laws, including paid sick leave laws, allowing her to provide guidance to employers with employees across the US. She also helps clients by reviewing, drafting and providing advice regarding all types of employment-related contracts.

Prior to joining our firm, Shennan was a litigation associate in the Chicago office of a major international law firm for seven years.

Shennan is a member of the Federal Bar Association and Ohio Women’s Bar Association, and is a member of the Ohio Women’s Bar Foundation’s 2016-17 Leadership Institute class.

Experience

  • Successfully defended district court’s grant of summary judgment for client employer upon appeal to the Sixth Circuit Court of Appeals.

  • Obtained summary judgment for employer in employer intentional tort case.

  • Representing employers in employment discrimination litigation in federal court.

  • Revised handbook and drafted 50-state supplement for client with employees across the US.

  • Representing employer in multiplaintiff arbitration involving wage and hour allegations.

614-365-2791