On Jan. 21, 2009, the United States Supreme Court, in Locke v. Karass,¹ upheld the constitutionality of a union’s use of service fees paid by nonunion employees for litigation outside the local union chapter’s jurisdiction. Prior to Locke, there was an uncertainty among federal courts as to whether, or when, the First Amendment, permits charging nonunion members for the cost of national litigation. Supreme Court precedents had established that public sector unions violated the First Amendment when they charged nonmembers for expenses related to political activities, whereas charging nonmembers for expenses not directly related to the union local were constitutionally permissible under other circumstances.

Many public and private employers have been revising handbooks and changing personnel practices in response to the first significant regulatory change to the Family and Medical Leave Act since it became law in 1993. The U.S. Department of Labor published the new regulations on Nov. 18, 2008, and they took effect Jan. 16, 2009. The most notable changes establish two additional reasons for which FMLA leave can be taken, both of which apply to relatives of members of the Armed Forces. The new regulations contain numerous other changes and impact notice requirements for both employers and employees.

Employers often struggle over what information to provide to a prospective employer about former employees’ bad behavior. Imagine this scenario: An employee voluntarily resigns from her position in lieu of discipline and/or termination. She attempts to move on and find new employment, and as a result the prospective employer contacts her former employer for a reference. What information should the employer share?

On Jan. 6, 2009 the Ohio General Assembly enacted a new law, R.C. 124.1311, which entitles state employees to take up to 20 hours of paid leave to participate in funeral honors detail at the funeral of a veteran. The new statute went into effect at the start of April.

Last fall, the section welcomed its newest Assistant Attorney General. Komlavi Atsou joined the section Sept. 2, 2008.  Previously, Komlavi served as a legal intern in Attorney General’s Cleveland office for two years.