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When an employer is found liable for failure to pay his or her employees minimum wages or overtime compensation, the Fair Labor Standards Act (FLSA) mandates the imposition of liquidated damages on the employer. This means that the plaintiff’s award of back-pay is...
Our employment sexual harassment attorneys are always looking for ways to keep the public more informed as to employee rights and how an employee can protect him or herself in the event that they are subjected to illegal behavior under Ohio or federal law. The topic...
Our employment law attorneys have been warning employees of the dangers of posting work-related and especially potential lawsuit-related information on Facebook for quite some time, and our continued warnings should go without saying for most people. We, however, have...
According to the U.S. Sixth Circuit Court of Appeals, in order to support a claim for age discrimination, there must be a “significant” age difference between the terminated employee and his or her replacement. In Blizzard v. Marion Technical College, the plaintiff,...
Our employment lawyers are often faced with the employment discrimination and retaliation equivalent of the age old chicken and the egg debate. Specifically, a fired employee says that he or she was fired after raising complaints about unlawful race, gender, national...
One of the most recently-recognized protected classes is pregnancy. Pursuant to Ohio and federal law, it is unlawful to discriminate against an employee or applicant for employment on the basis of that person’s pregnancy. Specifically, Ohio Revised Code § 4112.02(A)...
As an employee, you may have had to use medical leave either to care for yourself or for a loved one. If eligible, you may have taken medical leave under the Family Medical Leave Act which grants employees a designated amount of unpaid medical leave during the...
Under Ohio law, it is unlawful for an employer to discriminate against an employee on the basis of that person’s race, color, religion, sex, military status, national origin, disability, age, or ancestry. Ohio’s employment discrimination statutes generally only...
Our employment discrimination attorneys are often faced with employers that believe that their worst exposure for age discrimination cases is the back wages and then only the back wages for the reasonable amount of time. Wrong. First, under the Age Discrimination...
One of our employment law attorneys was recently asked this question. Under the Family Medical Leave Act (“FMLA”), the answer is typically yes. If an employer lets other employees schedule time off in one hour increments to come in late or leave early, then the...
The early bird may catch the worm, but what about the one that gets there late? According to the Second Circuit Court of Appeals, if being late to work is a result of a disability, the employee may have a claims under the Americans with Disabilities Act (“ADA”). In...
The Department of Labor (“DOL”) recently published “29 CFR Part 825, The Family and Medical Leave Act; Final Rule,” (“Final Rule”) which amended the Family Medical Leave Act (“FMLA”) with regard to coverage of military caregiver and exigency leaves. These changes...
There are a lot of ways that a wage and hour overtime claims under the Fair Labor Standards Act (“FLSA”) to grow horribly out of control. Our wage and hour attorneys have previously addressed how collective actions (joining on many employees into one claim) can...
Most people do not need an employment attorney to tell them that Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against their employees based on, among other things, one’s race, gender or religious affiliation. Most people, however,...
So one of our employment law lawyers was asked the other day by a mother of a new born whether she could spread out her leave under the Family Medical Leave Act (“FMLA”) after the birth of her baby by taking intermittent FMLA leave or a reduced leave schedule....
Do you own a smart phone? What about a home computer or laptop? Do you ever find that your work day doesn’t end after you clock out at the office or leave for the day? Are you required by your employer to check your email after hours for work-related issues? Do you...