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In an interesting case involving a claim for retaliation under the Fair Labor Standards Act (“FLSA”), the United States Supreme Court answered the disputed question of whether complaints made pursuant to the FLSA retaliation provision had to be in writing or not. The...
This question was recently posed to our employment discrimination lawyers. The answer is yes. Title VII of the Civil Rights Act of 1964 makes it unlawful for a labor organization to “discriminate against” or “fail or refuse to refer for employment any individual, in...
Let’s start off acknowledging something. I’m sure that many readers, whether employers or even employees, still think that that deaf people cannot ever safely be lifeguard. Before we get to the legal analysis part of this blog, consider this: “The world record for...
One of the questions the attorneys at the Spitz Law Firm are frequently asked is what accommodations must an employer make for a disabled employee? The answer – not surprisingly – depends on the employee’s disability, as well as the particular facts and circumstances...
Are you an employee of a city? Are you an employee of a township? What about a county? Have you ever been injured or been in an accident involving someone who works for one of these entities? If any of these circumstances apply to you, you are dealing with what Ohio...
One of the newer forms of employment discrimination that employment discrimination attorneys in Ohio deal with is pregnancy discrimination. Under current Ohio law, known as the Ohio Fair Employment Practices Act, or FEPA, it is an unlawful employment practice for an...
In March 2011, the Supreme Court of the United States held in Kasten v. St. Gobain that both oral and written complaints receive retaliation protection under the Fair Labor Standards Act (FLSA). The Supreme Court held: The Fair Labor Standards Act of 1938 (Act) sets...
Many employees choose to file complaints of harassment and/or discrimination with the Equal Employment Opportunity Commission (“EEOC”) after being subjected to illegal employment practices in the workplace. More often than not, and EEOC investigation results in the...
As employment law attorneys, one of the situations we see a lot is that in which an employer is making offhand, isolated, and alleged discriminatory comments to an employee in the workplace. Often times, a potential new client comes to us and asks whether this...
Spitz, The Employee’s Law Firm handles a lot of lawsuits against employers who discriminate, harass, or retaliate against employees. But can an employer also file a lawsuit against one of its former employees? The answer, perhaps not surprisingly, is yes. One of the...
Have you ever needed to take medical leave under the Family Medical Leave Act? Ever had an employer who was not very helpful in making sure that all the proper paperwork was completed for your FMLA leave? Do yourself a favor and learn how to protect yourself in order...
Like many other employment law attorneys, we have been anxiously awaiting Federal Judge Christina Snyder’s ruling on whether Walmart can be added as a defendant in the case of Everardo Carrillo, et al. v. Schneider Logistics, Inc., et al., which is currently pending...
In most of the cases our firm’s employment attorneys handle, the issue of pretext plays a central role. Employees and regular people don’t use the word pretext. It is one of those legal jargon words. What does pretext mean? First, in plain English: “My boss lied...
Before a recent deposition, I asked a defense employment attorney to step into the hallway to see if her client, who was about to be deposed, wanted to discuss settlement before we started. In response, this employment attorney threatened me and my client with...
Under Ohio Revised Code § 4112.02, Title VII of the Civil Rights Act of 1964, and the Civil Rights Act of 1866, it is illegal for employer to discriminate against an employee because of the employee’s national origin or ethnic background. But, does it protect...
The Sixth Circuit Court of Appeals (Ohio) recently came down with an interesting decision highlighting a fine-line between a lawful and unlawful termination of an employee complaining of disability discrimination for failure to provide a reasonable accommodation. In...