Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Responsible Restart Ohio: Stay at Home Stays in Place – First Phase of Back to Work with Precaution and Protocols

Client Alert
April 27, 2020

Governor Mike DeWine announced new plans today regarding the reopening of Ohio, including the first wave of businesses to welcome employees and customers back inside.

This will not be a rapid process and that is by design, as DeWine emphasizes that the guiding principles behind Ohio’s plan are to protect the health of employees, customers and their families, support community efforts to control the spread of the virus and to take the lead in responsibly getting Ohio back to work.

Here are 6 Protocols for ALL businesses:

  1. Require face coverings for employees and clients/customers at all times. Although Employers are not required to provide masks, and a cloth covering is recommended, we advise that Employers do attempt to provide masks in order to limit exposure to liability.
  2. Conduct daily health assessments by employers and employees (self-evaluation) to determine if "fit for duty."
  3. Maintain good hygiene at all times -- hand washing and social distancing.
  4. Clean and sanitize workplaces throughout workday and at the close of business or between shifts.
  5. Limit capacity to meet social distancing guidelines:
    1. Establish maximum capacity of 50% of fire code and use appointments, where possible, to limit overcrowding.
  6. Contact the local health district about suspected cases or exposures. Click here to find your district.

Ohio’s Timeline by Industry

  • Healthcare and Related – MAY 1
    • As of May 1: All healthcare procedures and operations that can be done that do NOT require an overnight stay in a hospital can take place. Emergency procedures and operations can still take place now, per the previous Executive Order. There will be future guidance on other procedures and operations that require an overnight stay.
    • As of May 1, dentists and veterinarians can be fully operational without limitations.
  • Manufacturing, Distribution & Construction - MAY 4
    • As of May 4, firms can re-open if they have not been open through the pandemic. 
    • All such businesses must follow the above protocols, plus these mandatory sector-specific guidelines.
  • Office Settings – MAY 4
    • As of May 4, office settings can reopen, however, work-at-home is recommended as much as possible.
    • Must follow the above protocols, plus these mandatory sector-specific guidelines.
  • Consumer & Retail – MAY 12
    • As of May 12, consumer retail and general services can reopen. 
    • Must follow the above protocols, plus these mandatory sector-specific guidelines.

NOTE: No formal announcement regarding restaurants, bars, gyms, hair salons, and spas reopening.

BMD will keep you apprised of additional guidance and protocols as they are released over the next several weeks. If you have any questions, please contact your primary BMD attorney.

Responsible Restart Ohiostay at homeback to workGovernor Mike DeWineOhio
Multimedia, Client Alert

Pregnant Employee Protections - New Requirements for Employers

April 11, 2023New protections are coming to the workplace for pregnant employees in 2023! In the most sweeping changes since the Pregnancy Discrimination Act of 1978, two new federal laws were recently passed: (1) the PUMP for Nursing Mothers Act (otherwise known as the Pump Act), and (2) the Pregnant Workers Fairness Act. The requirements of these statutes will require employers with more than 15 employees to implement new policies for their handbooks.Client Alert

Five Common Pitfalls for Employers to Watch Out for Under the Fair Labor Standards Act

March 29, 2023The Fair Labor Standards Act (FLSA) sets forth requirements for employers including, but not limited to, minimum wage, overtime pay, and recordkeeping for covered employees. These requirements are not as simple as they may appear on their face, which leads many employers to fall into compliance issues that they did not realize even existed.Client Alert

The NLRB Limits the Reach of Confidentiality and Non-Disparagement Provisions in Severance Agreements Overruling Trump-Era Policies

March 14, 2023Employers should exercise caution and closely examine the content of severance agreements to ensure compliance with a recent National Labor Relations Board (“NLRB”) decision.  On February 21, 2023, the NLRB restricted the breadth of permissible language of confidentiality and non-disparagement clauses when it issued its decision in McLaren Macomb and overruled its Trump-era decisions in Baylor University Medical Center and IGT d/b/a International Game Technology.Client Alert

Ohio Medical Board Releases New Telehealth Rules

February 23, 2023On Tuesday, February 21, 2023, the State Medical Board of Ohio released its final telehealth rules to implement Ohio’s telehealth statute (O.R.C. 4743.09) for physicians, physician assistants, dieticians, respiratory care professionals and genetic counselors. Ohio’s advanced practice registered nurses (“APRNs”) should also take note of these rules. While the Medical Board does not govern APRNs directly, those APRNs who are required to have a collaborating physician and standard care arrangement (namely nurse practitioners, certified nurse midwives, and clinical nurse specialists) are still affected by the rules. Generally, if an APRN’s collaborating physician is limited in their practice, then the APRN will also be limited.Client Alert

The End of the Public Health Emergency is (Finally) Here

February 23, 2023The COVID-19 Public Health Emergency (“PHE”) that has been in effect for over three years is finally slated to end on May 11, 2023.[1] With the end of the PHE will come many changes for healthcare providers to be aware of; however, some changes may not come until much later.
Older posts
Newer posts