Labor and Employment Law Board Certification in Ohio

The Ohio State Bar Association (OSBA) offers certification for attorneys specializing in Labor and Employment Law. This certification process ensures that attorneys who earn this distinction have demonstrated substantial expertise, involvement, and a high level of professionalism in this area. Below are the essential requirements for obtaining board certification in Labor and Employment Law:

1. Substantial Involvement

• Professional Experience: Applicants must demonstrate substantial involvement in Labor and Employment Law over the three years immediately preceding their application. Specifically, at least 35% of the attorney's practice, which equates to a minimum of 728 hours per year, must be dedicated to labor and employment law. This includes work in areas such as litigation, arbitration, mediation, negotiations, and other forms of alternative dispute resolution before courts, agencies, and tribunals. The applicant must provide specific details about the cases and legal matters handled during this period.

2. Peer Review and Recommendations

• References: Applicants must submit the names of seven references who can attest to their competence in Labor and Employment Law. These references must be familiar with the applicant's work and should include individuals who are certified specialists in Labor and Employment Law, judges, or attorneys who meet the substantial involvement requirement. A minimum of five completed reference forms must be returned to the OSBA for the application to be considered complete.

3. Written Examination

• Exam Requirements: Applicants must pass a written examination that tests their knowledge and skills in both substantive and procedural aspects of Labor and Employment Law. The exam includes topics such as federal and state discrimination laws, employment-at-will law, employment torts, labor law, and benefits/wages law. The examination is designed to evaluate the applicant's understanding and application of complex legal principles within this specialty.
• Preparation and Grading: The exam is prepared and graded by an independent third party, ensuring an objective assessment of the applicant’s knowledge.

4. Good Standing and Liability Insurance

• Good Standing: Applicants must provide proof that they are in good standing with the Ohio Supreme Court, free of any disciplinary actions that would question their fitness to practice law.
• Liability Insurance: Applicants must maintain professional liability insurance with a minimum coverage of $500,000 per loss. This requirement ensures that they are prepared to handle any potential liabilities that may arise from their practice. Certain exceptions apply for those employed by government entities or other organizations that provide equivalent coverage.

5. Continuing Legal Education (CLE)

• CLE Requirements: Applicants must complete 36 hours of continuing legal education (CLE) specifically in Labor and Employment Law within the three years preceding their application. These courses must be of intermediate or advanced level, ensuring that the attorney remains current with the latest developments in the field.

These requirements are designed to ensure that only attorneys with significant experience, knowledge, and professional standing in Labor and Employment Law are granted board certification, thereby maintaining high standards within the legal profession. This certification not only validates the attorney’s proficiency in this area of law but also enhances public trust in their specialized legal services.

The Ohio State Bar Association (OSBA) has established a comprehensive application process for attorneys seeking board certification in Labor and Employment Law. This process is designed to ensure that applicants demonstrate the necessary expertise, experience, and ethical standards required for certification. Below are the key components of the application process:

1. Completion of the Application Form

• Detailed Information Required: Applicants must complete an extensive application form that requires providing detailed information about their professional background, including their experience in Labor and Employment Law. This involves documenting at least 728 hours per year of practice in labor and employment law over the three years preceding the application. Applicants must describe the types of cases handled, the nature of their involvement, and any other relevant legal activities, such as drafting policies, conducting investigations, and representing clients in legal proceedings.

• Case Listings and Work Product: As part of the application, attorneys may be required to submit examples of their work product, such as legal briefs, opinions, or other documentation that demonstrates their expertise in Labor and Employment Law. This may also include a list of representative cases that illustrate the variety and complexity of issues the applicant has handled.

2. Peer Review and Recommendations

• Reference Submission: Applicants must provide the names of seven references who are familiar with their work in Labor and Employment Law. These references must not be related to or professionally associated with the applicant (e.g., partners or colleagues) and should include certified specialists in Labor and Employment Law, judges, or attorneys who meet the substantial involvement requirement.

• Recommendation Forms: The OSBA sends out recommendation forms to these references. At least five completed forms must be returned to the OSBA for the application to be considered complete. The Specialty Board may also request additional recommendations if needed to adequately assess the applicant's qualifications.

3. Written Examination

• Exam Content: Applicants must pass a written examination that tests their knowledge and skills in both substantive and procedural law related to Labor and Employment Law. The exam covers a wide range of topics, including federal and state discrimination laws, employment-at-will law, employment torts, labor law, and benefits/wages law.

• Administration and Grading: The examination is prepared, administered, and graded by an independent third party under the guidance of the OSBA Labor and Employment Law Specialty Board. This ensures an objective evaluation of the applicant's abilities.

4. Good Standing and Liability Insurance

• Proof of Good Standing: Applicants must provide evidence that they are in good standing with the Ohio Supreme Court. This means they must have no pending disciplinary actions or issues that would question their ability to practice law.

• Liability Insurance Requirement: Applicants must maintain professional liability insurance with a minimum coverage of $500,000 per loss. This insurance is essential to protect against claims that may arise in the course of their legal practice.

5. Disclosure of Disciplinary Actions

• Full Disclosure Required: Applicants are required to disclose any past or current disciplinary actions, malpractice claims, or felony convictions. Failure to disclose such information may result in the rejection of the application or decertification if discovered after certification.

6. Continuing Legal Education (CLE)

• CLE Requirements: Applicants must have completed 36 hours of continuing legal education (CLE) specifically in Labor and Employment Law within the three years preceding their application. These CLE courses must be of intermediate or advanced level, ensuring that the attorney remains up-to-date with the latest developments in the field.

Submission and Review

Once all components of the application are completed, the materials are submitted to the OSBA. The Labor and Employment Law Specialty Board reviews the application, references, and exam results. If the board determines that the applicant meets all the necessary requirements, they will recommend certification. The certification becomes effective on January 1st following the board's decision.

This rigorous application process ensures that only highly qualified attorneys receive board certification in Labor and Employment Law, thereby maintaining high standards within the profession.

The Ohio State Bar Association (OSBA) requires certified specialists in Labor and Employment Law to fulfill specific annual duties and follow a structured recertification process to maintain their certification. These requirements are in place to ensure that certified attorneys continue to meet the high standards of expertise, professionalism, and ethical practice established by the OSBA.

Annual Reporting Duties

1. Annual Report Submission:

   • Affidavit or Reporting Form: Each year, certified attorneys must submit an affidavit or a designated reporting form to the OSBA. This form confirms that there have been no material changes in the information provided during their initial certification or in any subsequent reports. If there have been changes, these must be detailed on the form and submitted for review.
   • Submission Period: The annual report must be submitted between October 1 and December 1 each year. This ensures that certified specialists remain compliant with the ongoing certification requirements and continue to meet the standards set by the OSBA.

2. Continuing Legal Education (CLE):

   • CLE Requirements: Certified attorneys must complete 12 hours of continuing legal education (CLE) in Labor and Employment Law every two years. These CLE courses must be intermediate to advanced and directly related to Labor and Employment Law. This ongoing education ensures that attorneys stay current with legal developments and maintain their expertise in the field.
   • Proof of CLE: The annual report must include proof of the completed CLE hours. Attorneys may need to attach transcripts or certificates of attendance for courses that are not listed on the OSBA transcript.

3. Annual Fee Payment:

   • Fee Submission: Along with the annual report, certified attorneys must pay an annual fee as established by the OSBA's fee schedule. Failure to submit the annual report or pay the required fee by the deadline may result in decertification.

Recertification Process

1. Certification Period:

   • Duration: The certification period under the OSBA standards is six years. Certified attorneys must apply for recertification in the calendar year preceding the expiration of their certification.

2. Recertification Application:

   • Application Submission: Attorneys seeking recertification must complete a recertification application form, which includes updated information about their practice and involvement in Labor and Employment Law. This form must be submitted to the OSBA between October 1 and December 1 of the year preceding the expiration of their certification.
   • Review Process: The OSBA Specialty Board reviews the recertification application to ensure that the attorney continues to meet the certification standards. If the application is not completed by December 31 of the recertification year, the attorney will be decertified and must reapply for certification under the original criteria, including passing the written examination.

3. Criteria for Recertification:

   • Continued Involvement: Attorneys must demonstrate that they have maintained substantial involvement in Labor and Employment Law, similar to the requirements for initial certification. However, they are not required to retake the written examination.
   • CLE Compliance: Attorneys must provide evidence of completing the required 12 hours of CLE every two years during the certification period.
   • Good Standing: Attorneys must continue to be in good standing with the Ohio Supreme Court and maintain professional liability insurance coverage.

4. Exemptions:

   • Illness or Disability: In cases of severe, prolonged illness or disability, attorneys may apply for an exemption from the recertification requirements. They must provide evidence that completing the requirements presents an extreme hardship due to their condition.

Decertification

1. Material Changes:

   • Review of Changes: The Specialty Board may decertify an attorney if material changes reported in the annual affidavit or discovered through other means indicate that the attorney no longer meets the certification standards.
   • Appeal Process: Attorneys who are decertified may request reconsideration and, if denied, appeal the decision to an Independent Review Panel.

2. Immediate Decertification:

   • License Revocation: If an attorney’s license to practice law in Ohio is revoked or suspended, their certification is automatically revoked. Upon reinstatement of their license, the attorney may reapply for certification.

These annual duties and recertification requirements are crucial for maintaining the integrity and high standards of the Labor and Employment Law certification, ensuring that certified specialists continue to offer exceptional legal services.