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As employment attorneys, the members of Spitz, The Employee’s Law Firm spend a lot of time discerning whether our clients have been properly compensated and if our clients properly and/or improperly characterized as “salaried” employees exempt from the Fair Labor...
Under Title VII of the Civil Rights Act of 1964 and Ohio R.C. § 4112.02(A) it is unlawful for an employer to discriminate based on the sex of the applicant for hiring or promotion. As the United States Supreme Court held in Hunt v. Cromartie, “outright admissions of...
As an employment attorney, I often field questions from individuals regarding what their employers can legally require, once being put on notice of an employee’s disability. Many individuals wonder if their employers are allowed to obtain copies of their medical...
The Family and Medical Leave Act (FMLA) is a federal law that permits employees to take job-protected, unpaid leave for certain family and medical reasons. According to the U.S. Department of Labor – Wage and Hour Division, to be eligible for FMLA leave, an employee...
The 2010 federal Patient Protection and Affordable Care Act amended the Fair Labor Standards Act (“FLSA”), and mandates that employers of 50 or more to provide an unpaid break as well as a private area to express or pump the milk. It also prevents discrimination or...
The United States District Court for the Western District of New York recently underwent a three week racial discrimination and retaliation trial in the matter of Elijah Turley v. ISG Tackawanna, LLC, et al., and the jury returned a verdict of some $23.5 million...
On April 29, 2013, the Third Circuit Court of Appeals rendered a decision in Mariotti v. Mariotti Building Products, Inc. which concludes that a company can discriminate against its employees based on their religion, in certain circumstances. The plaintiff in the...
Although this conduct occurred on an egg farm, this is not a story about chickens. It is a story about pigs. National Food Corporation, a major supplier of eggs to the Pacific Northwestern and Midwestern United States and East Asia. It owned several isolated egg farms...
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...