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The Fair Labor Standards Act (“FLSA”) and the Ohio Minimum Fair Wage Standards Act (“OMFWSA”) require that all covered employers pay at least the applicable minimum wage and an overtime premium of one- and one-half times the regular rate when employees work more than...
Huge news in the business and legal world arrived on Tuesday, April 23, 2024 when the Federal Trade Commission (“FTC”) voted 3-2 in favor to ban non-compete agreements between businesses and their workers (“FTC Rule”). The highlights of the FTC Rule would include a...
The recent case of Sinico v. Commonwealth of Pennsylvania, 2024 WL 510521 (3rd Cir. Feb 9, 2024), provides a good example of employees needing to understand how to navigate and timely make requests for medical leave under the Family and Medical Leave Act (“FMLA“)....
Ashley Bush served as the head coach for the girls’ basketball team at Frederick High School. On February 5, 2020, several members of the varsity team decided to leave the team, alleging that Bush had been treating them abusively. Despite an investigation by the...
What does pretext mean? In the context of wrongful termination or employment discrimination, pretext refers to a situation where an employer provides a false or misleading reason for terminating an employee. This reason is presented as the official justification for...
How do you prove a failure to accommodate under the ADA? The Americans with Disabilities Act prohibits employers from discriminating against employees based on their disability. Discrimination, as defined by the ADA, includes the failure to provide reasonable...
Today, our employment discrimination lawyers delve further into the concept of pretext – which is the employee’s burden to show that the employer’s stated reason for termination is false or did not really motivate the employer’s decision. We do so by looking at the...
Over the past week, our wrongful termination and employment discrimination attorneys have blogged about the problems that arbitration agreements cause for employees and possible ways to fight your way out of them. (See Arbitration Agreements Are Bad For Employees; Am...
How do you prove wrongful termination? To establish a claim for wrongful termination, four elements are necessary when direct evidence is lacking: (1) the employee belonged to a protected class, (2) the employee was qualified for the job, (3) the employee was fired,...
Will the EEOC’s update to its enforcement guidance help employers address issues related to the LGBTQ+ community? Probably not, but it is a great start. Across the United States, sexual orientation and gender identity remain subjects of extensive debate and political...