Lang v. Dir., Ohio Department of Job & Family Services

2012 Ohio 5366, 982 N.E.2d 636, 134 Ohio St. 3d 296
CourtOhio Supreme Court
DecidedNovember 21, 2012
Docket2011-1740
StatusPublished
Cited by47 cases

This text of 2012 Ohio 5366 (Lang v. Dir., Ohio Department of Job & Family Services) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lang v. Dir., Ohio Department of Job & Family Services, 2012 Ohio 5366, 982 N.E.2d 636, 134 Ohio St. 3d 296 (Ohio 2012).

Opinions

Lanzinger, J.

{¶ 1} In this case, we must determine whether appellant, Ohio Department of Jobs and Family Services (“ODJFS”), properly denied applications for federal wage subsidies filed by appellees, three former employees of American Standard who later were reemployed at a lower wage before they reached the age of 50. Because ODJFS offered a reasonable interpretation of ambiguous language in the federal statute that established the wage subsidies, we conclude that ODJFS did not improperly deny the applications.

I. Facts

A. Statutory Background

{¶ 2} In 2002, Congress created a program called Alternative Trade Adjustment Assistance for Older Workers (“ATAA”), which provided wage supplements for certain unemployed workers who became reemployed at lower wage rates. 19 U.S.C. 2318. As enacted in 2002 and relevant to this case, the statute provided:

A worker in the group that the Secretary has certified as eligible for the alternative trade adjustment assistance program may elect to receive benefits under the alternative trade adjustment assistance program if the worker—
(i) is covered by a certification under subchapter A of this chapter;
[297]*297(ii) obtains reemployment not more than 26 weeks after the date of separation from the adversely affected employment;
(iii) is at least 50 years of age;
(iv) earns not more than $50,000 a year in wages from reemployment;
(v) is employed on a full-time basis as defined by State law in the State in which the worker is employed; and
(vi) does not return to the employment from which the worker was separated.

Trade Act of 2002, Pub.L. No. 107-210, section 124, 116 Stat. 933, 945, amended by Pub.L. No. 108-429, section 2004,118 Stat. 2434, 2590.

{¶ 3} Ohio has entered into a contract with the United States Department of Labor to facilitate the distribution of ATAA funds in the state. Pursuant to this contract, Ohio has agreed to follow federal statutes, regulations, and program directives in expending the ATAA funds. One directive is Training and Guidance letter (“TEGL”) 2-03, issued by the United States Department of Labor Employment and Training Administration, which provided interim operating instructions for implementing ATAA. 69 Fed.Reg. 60904. In the portion setting forth eligibility requirements, the letter provides:

To be eligible for ATAA, an individual must meet the following conditions at the time of reemployment:
1. Be at least age 50 at time of reemployment. The individual’s age can be verified with a driver’s license or other appropriate documentation.

Id. at 60907.

B. The Denial of ATAA Funds to the Applicants

{¶ 4} In December 2007, appellees, James Lang, Mark Laibe, and Teddy Sharp (“the applicants”), were dismissed from their jobs at American Standard. They eventually found new employment and applied for ATAA. Each application was denied by ODJFS because none of the applicants was at least 50 years old at the time of reemployment. The applicants filed requests for redetermination, which were also denied by ODJFS.

{¶ 5} Lang appealed, and the matter was transferred to the Ohio Unemployment Compensation Review Commission, where a hearing officer reversed the determination and concluded that Lang’s application for ATAA should be allowed because 19 U.S.C. 2318(a)(3)(B) does not require that an applicant be at least 50 years old on the date of reemployment. ODJFS requested review of the decision [298]*298on Lang’s application, and the Ohio Unemployment Review Commission reversed the hearing officer’s decision and disallowed Lang’s claim because he was not 50 years old when he became reemployed.

{¶ 6} Laibe and Sharp also appealed, but a hearing officer affirmed the determinations that the two were ineligible for ATAA. The Ohio Unemployment Review Commission then disallowed Laibe’s and Sharp’s requests for review of the hearing officer’s decisions.

{¶ 7} The three applicants each appealed the commission’s decisions denying their ATAA eligibility to the Seneca County Court of Common Pleas, which consolidated the cases and reversed the commission’s decisions. After recognizing that the statute is ambiguous because it did not address when an applicant must be at least 50 years of age — whether at the time of reemployment or at the time the application was filed — the trial court found that the Unemployment Compensation Review Commission was not compelled to follow TEGL 2-03. The trial court stated that the statute was intended to help workers and that awarding ATAA benefits to the applicants adhered to the clear intent of Congress in passing the act.

{¶ 8} On appeal, ODJFS argued that the trial court had erred by ignoring the United States Department of Labor’s interpretation that the statute required those who apply for ATAA to be 50 years old at the time of their reemployment. Lang v. Dir., Ohio Dept. of Job & Family Servs., 196 Ohio App.3d 80, 2011-Ohio-4327, 962 N.E.2d 357, ¶ 16. The Third District Court of Appeals rejected this argument and affirmed the judgment of the trial court. Id. at ¶ 36. A majority of the court of appeals panel concluded that 19 U.S.C. 2318(a)(3)(B) is unambiguous, reasoning that the language providing that a worker “may elect to receive benefits” if the worker “is at least 50 years of age” indicates that an individual must be at least 50 years old at the time the individual elects to receive ATAA benefits. Id. at ¶ 25. The majority reasoned that the requirement set forth in TEGL 2-03 that the applicant be 50 years old at the time of reemployment is not only unnecessary to carry out the ATAA provisions, but is also manifestly contrary to the language of the statute. Id. at ¶ 28. The dissenting judge concluded that the overall language of the statute compels a conclusion that the statute requires a worker to be 50 years old at the time of reemployment. Id. at ¶ 39-41.

{¶ 9} We accepted jurisdiction to address ODJFS’s proposition of law: “An applicant cannot receive an ATAA wage subsidy unless he has reached 50 years of age at the time of reemployment.” See Lang v. Dir., Ohio Dept. of Job & Family Servs., 131 Ohio St.3d 1410, 2012-Ohio-136, 959 N.E.2d 1056.

[299]*299II. Analysis

{¶ 10} ODJFS argues that because of its contractual obligation to the United States Department of Labor, it was obligated to follow TEGL 2-03. ODJFS also argues that the letter reasonably interprets the ambiguity in the age requirement in the federal statute. Because of this ambiguity, the Department of Labor’s expertise in the area, and the reasonableness of the Department of Labor’s interpretation, ODJFS concludes that we should defer to the Department of Labor’s interpretation.

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Cite This Page — Counsel Stack

Bluebook (online)
2012 Ohio 5366, 982 N.E.2d 636, 134 Ohio St. 3d 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lang-v-dir-ohio-department-of-job-family-services-ohio-2012.