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The Fair Labor Standards Act (“FLSA”) guarantees that most employees in the United States are entitled to minimum wage as well as overtime pay when they work more than 40 hours per week. Under the law, non-exempt employees must be paid at least time and a half for...
When brave employees stand up against employment, harassment, or retaliation, they often expect the employer to deny the claims. But increasingly, we’re seeing a disturbing trend: employers filing defamation counterclaims designed not to win, but to punish the...
This is not the first time that Spitz has paid a visit to the porcelain throne to consider the law’s response to nature’s call. However there’s never an inappropriate time to use the head (on our shoulders!) and reconsider this issue. Does my employer have to make a...
Not everything in life or business can wait. If you work as a healthcare professional, maintenance technician, emergency response personnel, or IT technician you’ve likely had your personal time interrupted by work outside your usual hours. After all, heart attacks,...
To sign or not to sign—that is the question that confronts every employee facing the final act of their employment. Whether 'tis nobler in the mind to accept the severance offered and, with it, the loss of potential claims, or to take arms against the uncertainties of...
As wage and hour attorney, I've seen countless ways employers attempt to cheat hardworking employees out of their rightful wages. One particularly insidious method is exploiting exemptions under the Fair Labor Standards Act (“FLSA”) to avoid paying overtime. The case...
In a win for employees everywhere, in Caudle v. Hard Drive Express, Inc., the United States Court of Appeals for the Sixth Circuit recently found that an employee’s complaints about unpaid reimbursements could constitute “protected activity” under the Fair Labor...
What does “employment at-will” mean? “Employment at-will” is a term used to describe a type of employment relationship where either the employer or the employee can terminate the working relationship at any time, for any reason, and without prior notice. In this...
For the most part, the answer to whether domestic employees are entitled to overtime is yes. However, there is an exception to when the nanny, butler, maid, or other domestic employee resides in the same house where they work. Let’s step back for a moment. The Fair...
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...