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Wage and Hour: Super Friends To Stop Misclassification

Wage and Hour: Super Friends To Stop Misclassification

By Brian Spitz, wage and hour attorney, Cleveland, Ohio

 

As my favorite childhood show said: “Banded together to protect the universe from the forces of evil. … dedicated to truth justice and peace.  The Super Friends.”  With the speed of the Flash, seeking truth like Wonder Woman’s magic lasso, and with the strength of Superman, on September 19, 2011, the leaders of the U.S. Department of Labor (“DOL”), Internal Revenue Service, and eleven state agencies entered into a “memo of understanding” to work together to “end the practice of misclassifying employees” as independent contractors.  What?  You thought they would be going after the Joker or General Zod?  Well, maybe if Lex Luthor misclassifies his evil minions as independent contractors…

But, there is real evil here.  Many employers classify their workers as independent contractors, rather than as employees, to avoid paying payroll taxes and required compensation to employees – including overtime payments.  The “memo of understanding” will enable the federal and state agencies to share information and coordinate the enforcement of both tax and wage and hour laws.

According to Labor Secretary, Hilda Solis, “Misclassifying employees can result in workers being denied the minimum wage, overtime pay, unemployment insurance, and workers’ compensation benefits.” Secretary Solis further stated, “This makes it harder for low-wage workers to put food on the table and provide for their families.  It means a greater chance of working in unsafe conditioned and not being compensated when hurt on the job.” 

The Fair Labor Standards Act (FLSA) requires that most employees be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half for all hours worked over 40 hours in a workweek.  The classification between employee and contractor does not really matter as the courts will focus on actual job responsibilities, control over the worker, and performance.  Thus, employers can’t simply avoid FLSA overtime and break requirements simply calling a worker a contractor.  How do you know what you are?  Best bet is to call the right attorney to help you figure it out.

Here is the press release issued by the DOL discusses the intention of the agencies to work together.

The Spitz Law Firm, LLC works hard for employees to get employees paid what they deserve – either through arbitration, trial, or simply talking with an employer. If you have an employment dispute and are not sure of your rights, then call the right attorney today at (216) 291-4744 for a FREE and confidential initial consultation.

Brian Spitz is the managing attorney at The Spitz Law Firm, LLC, which has offices around Cleveland in South Euclid, Independence, and Westlake.  Brian Spitz has represented clients throughout Ohio and across the United States in matters ranging up to $50 million dollars at issue.

Discrimination In Ohio: Renting or Buying

By Brian Spitz, race discrimination attorney, Cleveland, Ohio

Discrimination happens outside the workforce too.  It can come home with you – or at least to prospective homes.  Many minorities find buying and renting houses, apartments, condominiums or other associated living situations to be a difficult experience.

But, The Federal Fair Housing Act of 1968, the Fair Housing Amendments Act of 1988, prohibit discrimination against any person because of race, color, religion, sex, handicap, familial status, or national origin in the sale, rental, leasing, financing and advertising of housing, or in the prevention of real estate brokerage services.

This can happen when black applicants are told that no units were available, while informing white applicants of available units and encouraging them to apply.  It is a violation to tell families with kids that its quiet environment that does permit children to use certain amenities or that they must be in bed by a certain time.  It is illegal to require tenants to be of a certain faith and participate in religious events to buy or rent property.

If you cannot get the home that you want because of discrimination, call the right attorney today at (216) 291-4744 for a FREE & CONFIDENTIAL initial consultation. Our team of lawyers fights against all forms of discrimination.  The Spitz Law Firm works hard to help you get what you deserve.

Brian Spitz is the managing attorney at The Spitz Law Firm, LLC, which has offices around Cleveland in South Euclid, Independence, and Westlake.  Brian Spitz has represented clients throughout Ohio and across the United States in matters ranging up to $50 million dollars at issue.

Disclaimer:

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Age Discrimination: Separation Agreements for Employees Over 40 Years Old

By Brian Spitz, race age discrimination attorney, Cleveland, Ohio

 Like many employees, those employees over the age of 40 may be offered a separation agreement before departing.  Commonly, in such separation agreements, the employer agrees to pay additional compensation to the departing employee in exchange for the employee agreeing to certain conditions – non-competition; non-disparagement; and certainly an agreement not to sue the employer.

 However, this can get a little tricky for workers over the age of 40 because a key federal laws.  Specifically, we turn to The Older Workers Benefit Protection Act. In 1990, Congress passed The Older Workers Benefit Protection Act to amend the Age Discrimination in Employment Act (ADEA), which safeguards workers over 40 from age discrimination

 The Older Workers Benefit Protection Act addresses four different release scenarios: 1) a release by an involuntarily terminated employee who has not filed an Equal Employment Opportunity Commission (EEOC) charge or lawsuit; 2) releases by employees who are involuntarily terminated under group reductions in force and who have not filed age discrimination claims or lawsuits; 3) releases in settlement of disputed claims, either pending EEOC charges or civil lawsuits; and 4) releases by employees who have voluntarily opted to sever employment under an incentive program.

 To be effective under The Older Workers Benefit Protection Act, the separation agreement must be written clearly and must specifically state that the over 40 year old employee is waiving any claims arising under the Age Discrimination in Employment Act. The employee must receive separate consideration for this waiver in addition to any consideration the employee is already entitled to. The employee must be advised in writing to consult with an attorney and must be given twenty-one days to consider the proposed separation agreement. The separation agreement must also provide the employee with the right to revoke it within seven days after the employee executes the agreement.

 Don’t put up with any type of discrimination.  Before you take any action, call the right attorney today at (216) 291-4744 for a FREE & CONFIDENTIAL initial consultation. Our team of lawyers fights against all forms of discrimination.  The Spitz Law Firm works hard to help women get what they deserve.

 Brian Spitz is the managing attorney at The Spitz Law Firm, LLC, which has offices around Cleveland in South Euclid, Independence, and Westlake.  Brian Spitz has represented clients throughout Ohio and across the United States in matters ranging up to $50 million dollars at issue.

 Disclaimer:

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Age Discrimination: Separation Agreements for Employees Over 40 Years Old

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