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Like most people this time of year, I like to count my blessings for the things most important to me in life: my family, my health, and getting to do a job that I like while working with people that I like and respect. However, for a large percentage of our...
The Equal Employment Opportunity Commission issued a decision which finds that discrimination based on gender identity, change of sex, and/or transgender status is cognizable under Title VII. The case, Mia Macy v. Attorney General, did not weigh the merits of the...
A recent case out of the Seventh District Court of Appeals, Hull v. Astro Shapes, Inc., 2011-Ohio-1656, emphasized the importance of immediately contacting a knowledgeable employment attorney to deal with medical leave issues when any issues arises with an employer. ...
On November 26, 2012, the U.S. Supreme Court heard oral arguments in arguably the most important employment law case to reach our Nation’s highest Court in the last several years. The case is Vance v. Ball State University, and the outcome will determine precisely...
You do not need to be an employment attorney to know that Ohio’s minimum wage is currently $7.60 an hour and that the Ohio Department of Commerce recently announced that the minimum wage will be raised to $7.85 beginning on January 1, 2013. Any employee who works a...
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...