What Employment Protection does USERRA Provide Veterans and Service Members and Who Qualifies?
Service members and veterans give us the freedom and security that we enjoy in this country every day. So what protections do our laws provide these individuals when it comes to their civilian jobs?
Continue reading “Are there Employment Protections for Service Members?”
Successful women, especially in male-dominated professions, are well-acquainted with this accusation. It’s humiliating on numerous levels, but perhaps most damaging is the suggestion that the woman didn’t actually earn the position she achieved. Continue reading ““Sleeping Her Way to the Top”: How Female Employees May Have a Claim for Sex Discrimination Under Title VII Based on False Rumors About Sleeping With a Supervisor”
I think I’ve been wrongfully terminated. What do I need to prove in order to bring a wrongful termination in violation of public policy claim under Ohio law?
Ohio is an at-will employment state. Unfortunately, this means that for the vast majority of employees, their employer may terminate them for any reason or even no reason at all. However, there are exceptions to this general rule. A claim for wrongful termination in violation of public policy arises where the employee is fired under circumstances that violate certain laws put in place to protect public health and safety.
Continue reading “What is a wrongful termination in violation of public policy claim in Ohio?”
You’ve most likely heard that there is a major, landmark case that could impact the rights of millions in the LGBTQ community but do you know what is actually going on? We break it down for you here in laymen’s terms!
Mansell Law has been recognized by U.S. News and Best Lawyers as “Best Law Firms in America” in two categories: Employment Law – Individuals; and, Litigation – Labor and employment. See Our Listing. To obtain this ranking, there is a rigorous process that includes peer review, client review, and an independent analysis of the law firm. For more information on the process, visit U.S. News.
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Do you receive commission, bonuses, or some other sum of money in addition to your regularly hourly pay? If so, is your employer correctly calculating your overtime pay?
Basic Overtime Calculation:
Employers are typically required to pay their employees one and one-half times their regular rates of pay for all hours worked in excess of 40 per workweek.
Continue reading “Do you receive bonuses or commissions? You might be owed wages”
When can an individual be considered an “employer” under the Fair Labor Standards Act?
Under the Fair Labor Standards Act (FLSA), an employer must pay its employees for all hours worked. The term “employer” is very broad; it includes both companies and individuals “acting directly or indirectly in the interest of an employer in relation to an employee.”[1] An employee can have two or more employers that meet this definition, such as the company itself and an individual that represents the company (typically the company’s owner or upper-level manager). Both the company and the individual can be held liable under the FLSA for wage violations.
Continue reading “Can an Individual be Liable for Unpaid Wages?”
I informed my employer that I am the primary caregiver for a person with a disability, and then I was fired. Is this legal?
The Americans with Disabilities Act of 1990 (ADA) prohibits employers from discriminating against employees on the basis of disability. In addition to protecting employees from discrimination based on the employee’s own disability, the ADA also has an “association” provision that protects employees from discrimination based on their known relationship or association with a disabled person. This association provision applies regardless of whether the employee themselves is disabled.
Continue reading “Are you protected from discrimination if someone you care for has a disability?”
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 forward, the Court’s holding in Genesis is meaningless because it is premised on the contemplation of a situation that should never arise—at least according to the Dissent.
3. To ensure the best chances of proceeding with FLSA claims, lead plaintiffs in collective actions should file motions for collective certification as soon as possible to avoid attempts to moot the case using offers of judgment.
Continue reading “How will the Supreme Court’s opinion in Genesis impact FLSA collective actions?”
Who is a “Key Employee” under the FMLA?
Limits on certain employees’ rights to restoration after taking FMLA leave.
Continue reading “Who is a “key employee” under the Family Medical Leave Act (FMLA)?”