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Ohio Law Protects Employees Against Negative Job References

On Behalf of Brian Spitz | Jun 7, 2013 | Age Discrimination, Disability Discrimination, Family Medical Leave Claims, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Whistleblower Claims, Workers' Compensation Retaliation

To help sort out the well-qualified job applicants from the not-so well-qualified applicants, many employers now require applicants to submit a list of employment references with their application materials. As the employment attorneys at Spitz, The Employee’s Law...

Wage & Hour: Employers Stealing Time Before Work

On Behalf of Brian Spitz | Jun 6, 2013 | Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees

Under the Fair Labor Standards Act (“FLSA”), if an employer requires to be somewhere or do something, they must pay the employees for the entire time – even if that time is spent waiting to work. Lucca Freezer & Cold Storage did not follow this requirement and has...

The Lesser Known Overtime Compensation Exemptions – 20 Percent Equity Interest Owners

On Behalf of Brian Spitz | Jun 4, 2013 | Retaliation, Wage: Overtime

The Fair Labor Standards Act provides several exceptions to the general rule that if an employee works over 40 hours in a work week, then the employee is entitled to overtime compensation. Among the lesser known exemptions is the Equity Interest Exemption, which...

Here Is Why It Is Critical To Call An Employment Attorney Before Quitting

On Behalf of Brian Spitz | May 30, 2013 | Age Discrimination, Disability Discrimination, Family Medical Leave Claims, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Non-Competition Disputes, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Whistleblower Claims, Workers' Compensation Retaliation

There are many times that employees want to quit and think that they will have a legal claim against the employer when they do. But, our employment attorneys strongly recommend consulting an attorney before taking any action, especially since we offer free initial...

What Is An Adverse Employment Action? Not Hiring, Firing, Demotion, And Yes, Also Non-Renewal

On Behalf of Brian Spitz | May 28, 2013 | Age Discrimination, Disability Discrimination, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Wage: Minimum Wage, Wage: Overtime, Workers' Compensation Retaliation

To prove a case of discrimination (race, gender, age, national origin, etc.) under Title VII of the Civil Rights Act of 1964 or Ohio’s R.C. § 4112.99, an employee must show an adverse employment action. The adverse action need not result in pecuniary loss, but must...

Retaliation Claims: Surviving When Then Underlying Claim Fails

On Behalf of Brian Spitz | May 20, 2013 | Age Discrimination, Disability Discrimination, Family Medical Leave Claims, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Whistleblower Claims, Workers' Compensation Retaliation

One of the worst arguments that our employment lawyers hear from employer-side attorneys is as follows: “Because there is not enough evidence to support a sexually hostile work environment, all the claims go away, even the retaliation claims.” Or, something like:...

Wage & Hour: Night Shifts Employees Are Not Entitled To Higher Wages

On Behalf of Brian Spitz | May 15, 2013 | Wage: Minimum Wage, Wage: Overtime

One of our wage and hour attorneys recently was asked by a third shift employee about the legal requirements to pay night shift employees a higher wage. Unfortunately, although many employers chose to pay higher wages through a “shift differential” to second or third...

Making Sense of the FLSA’s Administrative Exemption

On Behalf of Brian Spitz | May 10, 2013 | Retaliation, Wage: Overtime

As the attorneys at Spitz, The Employee’s Law Firm know, many employers commonly misclassify employees as “exempt” from the overtime provisions of the Fair Labor Standards Act (FLSA). “Exempt” means that the overtime provisions of the FLSA do not apply to you. One of...

Retaliation: Now That’s A Lot Of Waffles!

On Behalf of Brian Spitz | Apr 30, 2013 | Military Status Discrimination, National Origin Discrimination, Non-Competition Disputes, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Retaliation, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Whistleblower Claims, Workers' Compensation Retaliation

It starts off like any good joke, two racist pigs walk into a Waffle House… They make racist comments and harass staff based on race. The employees turn to management for help, and the manager is left with the question: What should I do? Well, here are a few choices:...

Wage & Hour: There Is No “But, We Had A Deal” Defense

On Behalf of Brian Spitz | Apr 19, 2013 | Wage: Minimum Wage, Wage: Overtime

Our wage and hour attorneys have seen it many times before. We send a letter of representation and notice of wage and hour or overtime claims to an employer, who directly responds by saying, “We had a deal. [Name of the employee] knew what he/she was going to be...

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