Employement Archives - Mansell Law Employment Attorneys

Medical and Recreational Cannabis (Marijuana) Use and Employment in Ohio

ADA, Discrimination, Discrimination Lawyer, Employement, Marijuana Use / ohio-employmentlawyer

Medical and Recreational Cannabis (Marijuana) Use and Employment in Ohio – Prohibition, Discrimination, Termination My employer prohibits me from using cannabis, even though I have a prescription. I have legally purchased and used marijuana; it is legal in Ohio, but my employer now threatens to terminate my employment. My supervisor told me that I was […]

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Pregnant Workers Fairness Act – New Protections for Women Workers in Ohio

Discrimination, Discrimination Lawyer, Employement, Harrassment, Pregnancy Discrimination / ohio-employmentlawyer

The US Congress adopted the Pregnant Workers Fairness Act (“PWFA”) on December 27, 2022, and the Act went into force on June 27, 2023. On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued a final regulation to carry out the law, which goes into effect on June 18, 2024. The law is designed

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National Ban of Non-Competes – What it means for Ohio Workers

Blog, Employement, Non-Compete, Non-Solicit, OHIO Labor Laws / ohio-employmentlawyer

****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

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OHIO OVERTIME LAWS 2020

ADA, ADA Accommodation, Blog, Discrimination Lawyer, Employement, OHIO Labor Laws / ohio-employmentlawyer

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

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5 Critical Steps To Take Before Bringing An Employment Case

Blog, Discrimination Lawyer, Employement, General / ohio-employmentlawyer

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

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Employer Requiring No Restrictions Or To Be “100% Healed” Before Returning To Work?

ADA, Blog, Discrimination, Employement / ohio-employmentlawyer

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

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Statute Of Limitations Tolled During Time Motion For Conditional Certification Pending

Blog, Employement, FLSA / ohio-employmentlawyer

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

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Discovery Of Plaintiff Employee’s Facebook And Social Networking Profiles

Blog, Employement, General / ohio-employmentlawyer

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.

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When Is Third Party Retaliation An Actionable Claim?

ADA, Blog, Discrimination, Employement, FMLA, Title VII / ohio-employmentlawyer

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

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Pregnant Workers Fairness Act: Proposed Bill Extends Protection For Pregnant Women

Blog, Discrimination, Employement, Title VII / ohio-employmentlawyer

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

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