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.
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).
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.
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.
- 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)
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”
The common belief amongst employees is that non-compete and/or non-solicitation agreements are disfavored and not enforceable. However, the Courts in Ohio have enforced these restrictive agreements under certain circumstances. Before you assume that your non-compete or non-solicitation agreement is not enforceable, you should read this article and talk to an employment attorney. Continue reading “Are Non-Compete Agreements Enforceable in Ohio?”
Mansell Law is proud to announce Carrie Dyer as the firm’s newest partner. Ms. Dyer has been with the firm since her clerkship while she was earning her J.D. at Capital University Law School, and she became an associate with the firm in 2013.
Am I entitled to medical leave under the Family and Medical Leave Act (FMLA) in Ohio? What are the FMLA Ohio leave eligibility requirements and qualifications?
Do you or a family member suffer from a serious medical condition or do you have an upcoming surgery? If you need medical leave from work, you could be entitled to protected leave that guarantees your job when you return to work. Our Columbus, Ohio FMLA lawyers break down the ins and outs of FMLA eligibility.
Are you a current or former employee thinking about filing a lawsuit against your current or former employer? This article lays out the crucial steps to take before you initiate legal action – from the view point of a Columbus employment attorney. Failing to follow these guidelines could have a negative impact on the success of your potential employment law claim. Prepare for the worst, hope for the best! Continue reading “Six Critical Steps to Take Before Filing an Employment Lawsuit”
If you cannot perform your job due to a disability, and you request to be reassigned to a job you are able to perform as an ADA accommodation, can your employer make you compete for this open position with other job applicants? This likely depends on where you live. Our Columbus, Ohio ADA Disability attorneys provide a full analysis of this issue and the current divide among the U.S. federal courts.