OHIO EMPLOYMENT LAW BLOG

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

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

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

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

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 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

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

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

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

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

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

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

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