Author: Mansell Law

COVID-19: Do You Have to Return to Work? Legal Rights on Concerns About Returning to Work

Coronavirus-Return-to-Work-Legal-Rights

Businesses throughout the country are beginning to reopen. While many people who may have experienced layoffs or reduced hours anxiously await returning to work, this poses a grave concern for employees who, because of a medical condition, are at high risk should they become ill with COVID-19. Can you be forced to return to work, even if you don’t feel safe doing so? What kinds of legal protections are available to you in this situation? Your Ohio Employment Attorney breaks down what you need to know about your right to request a Reasonable Accommodation under the Americans with Disabilities Act.

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Can My Employer Use My History of Drug Addiction Against Me?

Has an employer refused to hire you, fired you, or otherwise discriminated against you based on your current or past alcohol or drug addiction? You may be protected from discrimination under the Americans with Disabilities Act. Your Columbus, Ohio employment attorney breaks down what you need to know about the ADA’s protection against discrimination for current or past drug addiction.

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Coronavirus Stimulus Package ($2 Trillion Dollars) – 4 Keys Points to Know

Coronavirus Stimulus package

President Trump has signed the landmark legislation on March 27, 2020 that includes a $2-trillion stimulus package to provide a safety net to the struggling U.S. economy due to the the coronavirus pandemic.

The stimulus package is the largest emergency aid package in US history and the most significant legislative action taken to address the rapidly intensifying coronavirus crisis, which has resulted in the economy coming to a screeching halt.  Here is the full text of the bill. Here are the 4 key provisions in the law:

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Coronavirus (COVID-19) and Your Employment

Corona virus and employment laws

Coronavirus/Covid-19 and Your Employment: A pandemic is upon us and even the doubters are realizing that the Coronavirus aka COVID-19 is going to have a dramatic impact on our health, our daily lives, and our employment.  With all the drastic measures being taken by local, state, and federal government, it is important for you to know what your rights are as an employee in this unprecedented time. Because the actions of government and lawmakers are rapidly changing, we will keep this article updated as the changes go into effect.

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Wrongful Termination Damages and Settlements

Wrongful Termination Settlements Ohio

What are the damages and employee can recover or settlement can an employee get if you sue your employer in Ohio for an employment law violation?    

The answer to this question will depend on the type of legal claim you bring.  For example, discrimination lawsuits have different damages available if it involves a hostile work environment or a wrongful termination. Also, discrimination under the Family and Medical Leave Act (FMLA) has different damages than discrimination under the Americans with Disabilities Act (ADA).

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Ohio Break Laws

Ohio-Break-Laws

What are the Ohio Break Laws for workers?

Should you be paid for your cigarette break, meal break, rest break, lunch break, coffee break or bathroom break?  What if your employer automatically deducts your lunch break but you never actually have time to take a lunch break?  Find out when you should be paid for breaks in Ohio for employment attorneys.  The answers to these questions could impact whether you are entitled to overtime compensation or other wages.

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Ohio Overtime Laws 2020

Ohio-Overtime-Laws-2020

What are the Overtime Laws in Ohio and should you be paid overtime even if your employer calls you salary? The Ohio Overtime Laws changed in 2020 because new federal regulations that govern overtime and exemptions were issued by the Department of Labor.

Highlights:

  • New overtime laws took effect January 1, 2020.
  • “Exempt” means your employer does not have to pay you overtime rates for hours worked over 40 in a single workweek.
  • To qualify as “exempt” your employer must pay you a guaranteed minimum salary each week, and your primary job duties must fall into a specific category (Overtime Exemptions: Executive, Administrative, Professional, Computer Related, Outside Sales)
  • Salary Minimum Raised to $684 per week, or $35,568 annually (previously $455 per week, or $23,660 annually) – If you do not make at least $684 per week, then your employer must pay you overtime.
  • Employer can count non-discretionary bonuses or other incentive payments, such as commissions, towards the employee’s weekly salary to determine whether the salary minimum is met (with limitations).
  • Annual Minimum for Highly Compensated Employees Increased to $107,432.00 per year (previously $100,000 per year)

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Overtime for Salary Exempt Employees in Ohio

Overtime-For-Salary-Employee-Ohio

My employer told me I’m not entitled to overtime pay because I am an “exempt” employee. What does this mean, and how can I challenge this? Does this comply with Ohio Overtime Laws?

 Picture this: You pick up some extra hours at work and ask your employer if you’ll receive overtime for your extra efforts. You are told you’re not entitled to overtime because you are an “exempt” employee. What does this mean, and how can you tell whether your employer is allowed to do this? Our Ohio Overtime Lawyers walk you through the different types of exempt employees under the FLSA and Ohio Wage Laws and what your employer must prove to claim these exemptions. Continue reading “Overtime for Salary Exempt Employees in Ohio”