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In Ohio, age discrimination claims are unique from other types of discrimination claims due to the specific language contained in § 4112.08 of the Ohio Revised Code. Specifically, R.C. § 4112.08 provides in part: “[E]xcept that any person filing a charge under...
Employers may face a difficult decision – stop employees from professing their love of “boobies” or allow a potential claim for hostile work to grow. In the non-employment related case, H. v. Easton Area School District, U.S. District Judge Mary McLaughlin of the...
Recent Sixth Circuit Court Of Appeals Case Holds That Primary Duty Determination For FLSA Administrative Exemption Is A Question Of Fact For The Jury. A recent decision by the Sixth Circuit Court of Appeals could prove helpful to employees suing their former or...
For many American voters this November, one of the most divisive issues will be same-sex marriage. Ten years ago, the average voter would have thought legalizing same-sex marriage was practically impossible. In recent years, however, the shift in public opinion...
As an employment law attorney, I often ask new clients if they were paid overtime by their former or current employer. Not surprisingly, I often get the same response over and again, “No, but I was a salaried employee.” Luckily, for some of these former and current...
We just got in this question, and while each situation is different, the quick answer is a resounding maybe. Our team of lawyers has experience fighting not only employment but also privacy issues, which gives us a very unique perspective. Who owns the iPhone,...
Wage and hour issues are tricky. Simply because an employer calls you salaried employee or an independent contractor, does mean the name truly hold any legal weight. And, now we have a great extreme example of misclassification of employment to avoid wage laws. In...
In North Carolina, a Mexican Restaurant Andrews is being required to pay $245,500 in back wages to 12 employees after an investigation by the U.S. Department of Labor’s Wage and Hour Division found that the business failed to pay them minimum wage and overtime...
As sexual harassment and gender discrimination lawyers, we know that sexual harassment and gender discrimination remains a very big problem for female workers in Cleveland, and throughout Ohio. A recent study by Elizabeth Broderick resulted in the report, “Working...
As a trial attorney, I am often asked by every family member, friend, postal worker, small business owner, etc. – “How do I get out of jury duty?” First, I have served jury duty. I know Cuyahoga County Judges that have served jury duty. Ralph Wilson, owner of...
To monitor or not to monitor that is the new age question. In these uncharted waters, both can cause claims against in employer. One of the original cases addressing this was Blakey v. Continental Airlines, 164 N.J. 38 (2000), where a pilot filed a...
As attorneys and lawyers who practice in the Employment Law field know, older employees are rarely able to present direct evidence of age related discrimination. See Rothman v. Emory Univ., 123 F.3d 446, 451 (7th Cir. 1997). For those employees who do not, direct...
By Brian Spitz, national origin and religious discrimination attorney, Cleveland, Ohio. Here is an interesting article from a UK publication about the finding of national origin discrimination. The national origin discrimination was found based on the fact that a...
By Brian Spitz, wage & hour attorney, Cleveland, Ohio. I always wondered while criminals keep pushing their luck. You always see these embezzlers get busted because they couldn’t just walk away with $50,000 and kept pushing their luck over and over until they’re...
By Brian Spitz, gender discrimination attorney, Cleveland, Ohio. Here are some great facts about gender discrimination that I pulled from a recent Forbes article that relied on data from collected by the U.S. Bureau of Labor Statistics: 97 percent of the chief...