-
W. Joseph Scholler
Member
West Chester, OH
Member
West Chester, OH
Joe is a member of the firm’s Government Services Practice Group and serves as general counsel for clients in both the private and public sectors, including municipalities, townships and school districts. He thrives by digging through complex issues and working with clients to produce creative solutions that are beneficial both financially and from a business perspective. His approach to working in partnership with innovative clients has made him a trusted and sought-after counselor in the legal profession.
Joeâs practice has an emphasis in labor and employment issues, including contract negotiations, grievances, arbitrations, union avoidance, wage and hour law, Family Medical Leave Act, Americans with Disabilities Act, workersâ compensation, unfair labor practice charges, harassment, discrimination and misconduct investigations, policy development, litigation, evaluation, nonrenewal and termination. He has served as a lead negotiator in more than 100 collective bargaining negotiations.
Joe also advises school districts in the areas of career-technical education, student issues, civil rights, public records, abuse reporting, ethics, board policies and meeting requirements. He defends boards of education and municipalities in arbitration and against charges filed with a variety of federal and state administrative agencies including the Ohio Civil Rights Commission, State Employment Relations Board, U.S. Equal Employment Opportunity Commission, and U.S. Department of Education Office for Civil Rights.
Joe shares his passion and experience with the next generation by serving as an adjunct professor at Miami University for graduate level public law students. Courses focus on the First Amendment, collective bargaining, employee and student rights, discrimination, and other issues important to all public employers. He also trains administrators and presents at education law forums across Ohio on a wide assortment of matters affecting public entities.
During Joeâs first year as general counsel for a school district, he identified a revenue generation opportunity that netted the client an additional $300,000 annually after legal fees.
As labor counsel for a municipality, Joe and his colleague negotiated collective bargaining agreements that saved a public entity $5 million in one year as the entity was facing a major budget shortfall.
As labor counsel for a municipality, Joe and his colleague negotiated collective bargaining agreements that reduced expenses by $12 million over a three-year period.
As general counsel and labor counsel, Joe created a joint public entity and merged two existing and very different collective bargaining units into one. The joint entity saves taxpayers over $1 million per year.
University of Dayton School of Law, J.D., 2000
Miami University, B.A., 1997
Selected for inclusion in Ohio Super LawyersÂź, 2012-2014 and Rising StarsÂź 2010
Cincinnati Business Courierâs Forty Under 40 Class of 2010
Humanitarian of the Year (Legacy Society members) LifeSpan 2010
Frost Brown Todd Mentor of the Year, 2012
Frost Brown Todd Volunteer of the Year, 2004
Butler County Volunteer Lawyer of the Year Award, Co-Winner, 2004
American Bar Association
Cincinnati Bar Association
Ohio State Bar Association
Butler County Bar Association
Ohio Council of School Board Attorneys, Vice Chair
National Council of School Board Attorneys, Executive Board Member
Ohio Public Employer Labor Relations Association, Member
Multiple Sclerosis Leadership Class, Cincinnati
Mid-Miami Valley Leadership, Graduate
Miami University Middletown Campus, Board Member, Former Chair of Citizen Advisory Council
Miami University Citizenâs Advisory Council Member
Coaches vs Cancer, Board Council Member
Ohio Legal Rights Service Commission
LifeSpan Inc., Past Chair
Government Services Practice Group, former Chair for six years
âEmployee Disciplineâ City of Cincinnati Seminar, November 4, 2014
âCloud Computing Issuesâ School Law Seminar, October 14, 2014
âThe Battles in the Courts and Legislatures over Collective Bargaining and Teacher Tenureâ NSBA Council of School Attorneysâ 2014 School Law Practice Seminar, October 9, 2014, with Michael Julka, Jay Fernow and Nancy Hungerford
âFourth Amendment Search and Seizureâ School Law Seminar, October 24, 2013
âClarifying the Commonly Misunderstood Notion of âPast Practicesâ: Are They Binding Or Not?â Public Employment Seminar, April 26, 2013
âEvaluations: Rules to Rememberâ School Law Seminar, August 8, 2012
âHuman Resources Issuesâ Presented with Julie E. Byrne, National Business Instituteâs Current Challenges in Local Government Law Seminar, June 2012
âEmployee Discipline: Effective Process and Strategiesâ School Law Seminar, August 12, 2011
âWhere are we Now?: Collective Bargaining Reform Senate Bill 5, House Bill 153, and Othersâ Senate Bill 5 Seminar, August 13, 2011
âHandling Student Recordsâ National Business Institute, Student Liability Issues Seminar, Cincinnati, Ohio
âUnderstanding Student Rightsâ National Business Institute, Student Liability Issues Seminar, Cincinnati, Ohio
âA Refresher on Due Processâ Public Sector Employees, Public Labor Seminar, Cincinnati, Ohio
âCurrent issues Regarding Foreign and Migrant Studentsâ Ohio School Board Association Seminar
âTreating Sick Leave Abuse Disorderâ Public Sector Employers, Public Sector Labor Seminar, Cincinnati, Ohio
âCollective Bargaining in the Real Worldâ Guest Presenter, Masterâs Level Collective Bargaining Course, University of Dayton, Dayton, Ohio
âIntroduction to Harassment and What You Should Do If You Witness Harassmentâ Middletown Adolescent Achievement Group, Middletown, Ohio
âHarassment in the Workplaceâ Southwest Ohio Business Teacher Association, Cincinnati, Ohio
âUsing the Consumer Price Index Effectively in Collective Bargaining Negotiationsâ Public Sector Employers, Public Sector Labor Seminar, Cincinnati
âA Public Employeeâs Right to Remain Silent During an Administrative Investigation:Â How Should You Handle It?â Public Sector Employers, Public Sector Labor Seminar, Cincinnati, Ohio
âEmployment Law Considerations: Ten Common Mistakes of Employersâ Medical Practice Management Program, Grandview Hospital, Dayton, Ohio
âClassifying Public Safety Administration Under The New Fair Labor Standards Act Regulationsâ Ohio Public Employer Labor Relations Association Update
Co-Author: âDesegregation in the 1990âs,â The Principalâs Legal Handbookâ Second Edition, 2000 Education Law Association, co-authored with Dr. Charles J. Russo
Co-Author: âDesegregation in the 1990âs:Â The Supreme Court Pulls Backâ School Business Affairs, August 2000, Volume 66, Number 8, co-authored with Dr. Charles J. Russo, J.D., Ed.D.
Co-Author: âCourt View, Update on School Desegregationâ Updating School Board Policies, July 2000, Volume 31, Number 3, with Dr. Charles J. Russo, J.D., Ed.D.
Co-Author: Â âThe Battles in the Courts and Legislatures over Collective Bargaining and Teacher Tenureâ NSBA Council of School Attorneysâ 2014 School Law Practice Seminar, October 9, 2014, with Michael Julka, Jay Fernow and Nancy Hungerford
July 12, 2021 | Publications
In a âNotice of Interpretationâ published June 16, the U.S. Department of Education Office for C...
June 23, 2021 | Publications
On June 23, 2021, the United States Supreme Court concluded that a public school violated a studentâ...
April 12, 2021 | Coronavirus Response Team
On March 20, Ohio Governor Mike DeWine signed House Bill 67 into law, which went into effect immedia...
January 15, 2021 | Publications
An Ohio appeals court has declared Ohioâs law prohibiting unions from supporting the picketing of ...
December 3, 2020 | Publications
Recently signed into law by Ohio Governor Mike DeWine, House Bill (HB) 404 grants important flexibil...
August 21, 2020 | Press Releases
Includes 15 âLawyers of the Yearâ and 23 âOnes to Watchâ A total of 183 Frost Brown Todd (FB...
July 16, 2020 | Coronavirus Response Team
On June 19, 2020, Ohio Governor Mike DeWine signed HB 164 into law. HB 164 originated in the House i...
June 19, 2020 | Publications
Recently, the Supreme Court in Bostock v. Clayton held that discrimination in employment based on an...
May 28, 2020 | Publications
The U.S Sixth Circuit Court of Appeals, in Gary B. v. Whitmer, recently held that children have a fu...
March 27, 2020 | Coronavirus Response Team
Today, Ohio Governor Mike DeWine will sign HB 197, a COVID-19 relief bill. Â The bill provides flexi...
March 23, 2020 | Coronavirus Response Team
On Sunday, March 22, Kentucky Governor Andy Beshear signed Executive Order 2020-246 closing all âi...
March 23, 2020 | Coronavirus Response Team
Frost Brown Toddâs Coronavirus Response Team is closely monitoring state-by-state actions that sig...
February 22, 2019 | Publications
On February 20, 2019, the Supreme Court of the United States ruled unanimously in the case of Timbs ...
June 27, 2018 | Publications
In a 5-4 decision on June 27, 2018, the U.S. Supreme Court in Janus v. AFSCME Council 31 declared un...
March 20, 2018 | Publications
Following the horrific events of February 14, 2018, at Marjory Stoneman Douglas High School in Parkl...
January 3, 2018 | Publications
Sexual harassment in the workplace continues to be a major topic of concern in our society, garnerin...
September 20, 2017 | Publications
On Thursday, September 7, 2017, Education Secretary Betsy DeVos delivered an address that was harshl...
March 6, 2017 | Publications
As we anticipated in our recent client advisory, today the Supreme Court of the United States s...
February 23, 2017 | Publications
Last night the Trump administration revoked the joint guidance issued by the Department of Just...
December 16, 2016 | Publications
In September, the United States District Court for the Southern District of Ohio issued a preliminar...
August 4, 2016 | Publications
In a 5-3 decision yesterday, the United States Supreme Court temporarily blocked a lower court&rsquo...
May 13, 2016 | Publications
Today the Department of Justice and Department of Education distributed a dear colleague letter dire...