****UPDATE September 6, 2024**** On August 20, 2024, in Ryan LLC v. Federal Trade Commission, the Northern District of Texas found that the FTC’s non-compete rule (discussed below) was unlawful. The Texas court found that the FTC exceeded its authority by creating the rule and that the rule was an arbitrary and capricious “categorical ban.” The […]
National Ban of Non-Competes – What it means for Ohio Workers Read More »
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
OHIO OVERTIME LAWS 2020 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 it up with an email to the person summarizing the contents of the conversation. Eliminate
5 Critical Steps To Take Before Bringing An Employment Case 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 only requires you to be qualified. Qualified is defined as able to perform the essential
Employer Requiring No Restrictions Or To Be “100% Healed” Before Returning To Work? 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 toll the Statute of Limitations. Therefore, the 2 year (or 3 year if willful) statute
Statute Of Limitations Tolled During Time Motion For Conditional Certification Pending 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 post it on facebook. Click here to view full article.
Discovery Of Plaintiff Employee’s Facebook And Social Networking Profiles 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 to exist between the Third Party and the individual engaging in the protective activity to
When Is Third Party Retaliation An Actionable Claim? 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 make reasonable accommodations and preventing them from terminating pregnant women due to inhibited performance. For
Pregnant Workers Fairness Act: Proposed Bill Extends Protection For Pregnant Women 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 an extended leave of absence as a reasonable accommodation under the Americans with Disabilities Act
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 Medical Leave Act,” the Guide apparently was created out of DOL’s belief that “too
The Department Of Labor Issues 16-page Fmla Guide. Read More »
