Monthly Archives: March 2016

Is geographic location relevant when “caring for” a family member under the Family Medical Leave Act?

Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review

The Family Medical Leave Act (FMLA) allows employees to take up to twelve weeks of unpaid leave to care for a family member with a serious health condition.[1]  However, courts have struggled to interpret what “caring for” a family member must consist of under the FMLA. Particularly, limitations on the geographic locations Continue reading

Ohio Clarifies: Law Enforcement Cannot Conduct Unjustified Search of Vehicle Subsequent to a Recent Occupant’s Arrest   

Author: Maxel Moreland, Associate Member, University of Cincinnati Law Review

Under the Fourth Amendment, absent an impartial and neutral judge or magistrate, warrantless searches are unconstitutional, subject to only a few exceptions.[1] Leak examined two such exceptions—a search incident to a lawful arrest and inventory searches done pursuant to law enforcement’s community-caretaking function. Continue reading

Concerted Activity in Social Media: The Future of Labor Activity

Author: Brynn Stylinski, Contributing Member, University of Cincinnati Law Review

In today’s world of social media, employee interactions regarding their employers are becoming increasingly more public. Conversations that previously would have taken place in a private home or around the water cooler now take place online and may take many different shapes. Instead of a simple exchange of words, an interaction regarding one’s employer might include a re-tweet, a “like,” or a share. This poses a problem for those who must evaluate whether such activity is protected under the terms of the National Labor Relations Act (NLRA) Continue reading

Cyberbullying: When a Students’ Right to Free Speech Goes Too Far

Author: Jordie Bacon, Associate Member, University of Cincinnati Law Review

In October 2003, Ryan Halligan, a thirteen year-old from Vermont, hung himself after his personal and embarrassing secrets were disclosed by his “friend” on AOL Instant Messenger.[1] In October 2006, Megan Meier, a thirteen year-old from Missouri, hung herself because her neighbor, disguised as a potential suitor, sent her messages on MySpace telling her Continue reading

Look Policies: Can employers discriminate based on their physical attractiveness?

Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review

Companies with mandatory grooming or appearance standards for their employees have been under fire from society, celebrities, and the law for many years. One of the companies most known for discriminating against unattractive or overweight applicants is Abercrombie & Fitch. Consumers have been outraged that the company only hires conventionally attractive people, requires those employees to follow a strict “look policy” Continue reading