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The opinions and articles contained in this Ohio Employment Law Blog are not legal advice and should not be relied on as such.  You should always contact an Employment Attorney to determine what your rights are.

How will the Supreme Court’s opinion in Genesis impact FLSA collective actions?

Take Aways:  1. The United States Supreme Court’s Genesis holding offered nothing to resolve the circuit split and dodged the central issue: Whether an unaccepted offer of judgment that fully satisfies a plaintiff’s FLSA claim moots the claim.  2. Going … Read More

Who is a “key employee” under the Family Medical Leave Act (FMLA)?

Who is a “Key Employee” under the FMLA? Limits on certain employees’ rights to restoration after taking FMLA leave. The FMLA provides that an eligible employee is entitled to take medical leave for various reasons, such as a serious health … Read More

Is there protection under the law for discrimination/retaliation based on Sexual Orientation (Gay, Lesbian, Bi-Sexual, Transgender)?

As a plaintiff’s side employment lawyer (employee side) I have an unmatched sense of fulfillment when I am able to provide advice or assistance to an individual or group of individuals that are standing up to their employer for what … Read More

Do you make too much money to be entitled to Overtime under the FLSA? Information on the Highly Compensated Workers Exemption.

The Fair Labor Standards Act (FLSA) affects most private and public employment and relates to, among other things, overtime pay and minimum wages.  The FLSA requires employers to pay covered non-exempt employees at least the federal minimum wage and overtime pay for … Read More

What Medical Exams and Inquiries can an Employer make of an Employee under the ADA?

Title I of the Americans with Disabilities Act (the “ADA”) restricts an employer’s ability to make disability-related inquiries or require medical examinations. The laws and rules depend on the stage of the relationship: pre-offer, post-offer but pre-employment, and during employment.  This … Read More

Are you really an Independent Contractor or “Exempt” from Overtime or Minimum Wage? Lawsuits for Misclassification soar in down economy.

As of July 26, 2012, there have already been 60 more lawsuits (7,064 total) filed under the Fair Labor Standards Act (FLSA) than the entire year of 2011. FLSA Lawsuits Article.  The biggest increase in claims results from misclassifications.  The … Read More

Can weight or obesity be a protected class or a disability? Sometimes, under the ADA…

Discriminating against or terminating an employee because he or she is overweight is generally not unlawful.  Weight is not a protected class under Title VII, however, weight can be a characteristic of a medical condition.  Thus, in certain situations taking … Read More

The Department of Labor issues 16-page FMLA guide.

The 16-page FMLA guide that the Department of Labor (DOL) says is “designed to answer common FMLA questions and clarify who can take FMLA leave and what protections the FMLA provides.”  Entitled “Need Time? The Employee’s Guide to the Family and … Read More

Is your Leave going to exceed the 12 weeks provided by FMLA? You could still be protected under the ADA.

It is common scenario where an employee’s leave of absence for a serious medical condition exceeds the 12 weeks provided for by the Family Medical Leave Act.  So what can an employee do in this situation?  An employee can request … Read More

Pregnant Workers Fairness Act: Proposed Bill Extends Protection for Pregnant Women

Currently, pregnant women are a protected class under the Pregnancy Discrimination Act, an Amendment to Title VII of the Civil Rights Act of 1964.  The new bill would extend protection to female employees with pregnancy-related work limitations, forcing employers to … Read More

When is Third Party Retaliation an Actionable Claim?

The Supreme Court has held that an employer can be found liable for terminating an employee when that employee’s fiance has engaged in a protected activity (Opposing discrimination, complaining about harassment, etc.) under Title VII (Discrimination).  So what relationship needs … Read More

Discovery of Plaintiff Employee’s Facebook and Social Networking Profiles

Interesting article addressing discovery of employees’ social networking pages. People love to share personal information on Facebook. This “oversharing” can be prejudicial in a lawsuit. If you wouldn’t say it at your work or in public, then you probably shouldn’t … Read More

Statute of Limitations Tolled During Time Motion for Conditional Certification Pending

In a recent case, a federal Court has held the Statute of Limitations tolled while a Motion for Class Certification is pending.  Unlike the filing of a Class Action under Rule 23, the filing of a Collective Action does not … Read More

Employer Requiring No Restrictions or To Be “100% Healed” before Returning to Work?

Is your employer requiring you to be 100% or requiring your doctor to release you back to work with no restrictions?  This article deals with the potential legal violations associated with such requirements.  For example, the Americans with Disabilities Act … Read More

5 Critical Steps to Take Before Bringing an Employment Case

Thinking about filing a lawsuit against your current or former employer?  This article lays out some crucial steps to take before your bring the action.  Remember: make sure you put everything in writing.  Even if you have a conversation, follow … Read More

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