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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...
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...
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...
Although the lawsuit was only settled for $50,000, the Equal Employment Opportunity Commission (“EEOC”) made news this month when it brought and settled the ever lawsuit based on the Genetic Information Nondiscrimination Act (“GINA“). Signed into law on May 21, 2008...
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...
There used to be a time when the thought of sexual misconduct in a church setting would be absurd, ludicrous even. Unfortunately, we as a society have moved past not even being surprised at such allegations, but almost come to expect that a church might have hidden...
The Family and Medical Leave Act (FMLA) entitles eligible employees who work for covered employers to take unpaid, job-protected leave in a defined 12-month period for specified family and medical reasons. Eligible employees are entitled to 12 workweeks of leave in a...
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...
A question was recently posed to one of our employment discrimination attorneys: Can men be sexually harassed? The answer is a definite yes. In fact, men can be sexually harassed by other men. The seminal case on point is the Ohio Supreme Court’s decision in Hampel v....
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...
Former Dallas Fire-Rescue executive Leanne Siri sued the city for sexual harassment, discrimination and a hostile work environment in 2009. Siri alleged males employees, including supervisors, emailed her lewd photos and regularly referred to themselves as “pimps.”...
In yet another example of why the attorneys at Spitz, The Employee’s Law Firm advise our clients not to post on social media websites during the pendency of their lawsuits, a federal district court in Michigan upheld a hospital’s termination of an employee who posted...
Most of the people that come to visit our employment law lawyers have been unlawfully discriminated or wrongfully terminated by their employer. What most people don’t realize is that potential employees are protected under Title VII of the Civil Rights Act of 1964,...
The Family and Medical Leave Act (“FMLA”) was enacted to provide employees with unpaid leave from work in order to address and/or treat serious health conditions suffered by themselves or a close family member, so it follows logically that, if you need to use FMLA...
The Ohio Civil Rights Act’s prohibition on sex discrimination does not include sexual orientation harassment. That’s what the Ohio Court of Appeals for the Seventh District recently held in Inskeep v. Western Reserve Transit Authority. In Inskeep, plaintiff Matthew...
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:...