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Are You Entitled to Overtime as a Salaried Employee?

In 2014, President Obama signed a Presidential Memorandum directing the Department of Labor to update the regulations defining which white collar workers are protected by the FLSA's minimum wage and overtime standards. On May 18, 2016, The Department of Labor has published new rules that will affect many employers by requiring that they pay overtime [...]

By | May 23rd, 2016|Employment Law|0 Comments

Should I Sign a Severance Agreement?

Almost always, severance agreements contain language that waives an employee's right to file suit on Title VII claims and other employee discrimination statutes. Sometimes these agreements are also referred to as "separation agreements." Thus, if you believe your employer may have terminated you for an unlawful purpose, you should likely not rush to sign that [...]

By | May 17th, 2016|Employment Law|0 Comments

Do Government Employees Have 1st Amendment Rights?

Yes. But a government employee's 1st amendments rights are not necessarily absolute. "The First Amendment generally prohibits government officials from dismissing or demoting an employee because of the employee's engagement in constitutionally protected political activity." Heffernan v. City of Paterson, 14-1280 (U.S. 2016). In fact, in Heffernan, the Supreme Court held that even perceived engagement [...]

By | May 17th, 2016|Employment Law|0 Comments

What Constitutes Sexual Harassment in the Workplace?

Unfortunately, sexual harassment still occurs in the workplace. This harassment may occur in the form of inappropriate comments, requests for sexual favors, inappropriate touching and other degrading acts on the basis of sex. In order for harassment to be actionable, the harassment must be severe or pervasive enough to alter the conditions of employment. The [...]

By | May 3rd, 2016|Employment Law|0 Comments

Discriminating In a Religious Workplace

Religious institutions may receive exemption from Title VII under the "ministerial exception." The United States Supreme Court has held that the First Amendment protects religious institutions' decisions regarding their religious leaders. Hosanna-Tabor, 132 S.Ct. 694. Thus, religious employers can make employment decisions based on religion, gender, and other protected classes that would land a non-religious [...]

By | February 3rd, 2015|Employment Law|0 Comments

What If My Faith Conflicts With My Job?

Different religions do not always conform to the same work schedule or attire. Employers may need to make accommodations to meet the religious needs of an employee. If an employer fails to make reasonable accommodations and punishes an employee for practicing his or her faith, the employer may be liable. In order to bring a [...]

By | January 29th, 2015|Employment Law|0 Comments

Can an Employer ake an employee sign a non-compete agreement after years of employment?

Employers may decide to circulate non-compete agreements at any point in their employees' careers. Non-compete agreements are contracts like any other. They are enforced when there is mutual assent and consideration. Douglas Thompson, 2001-Ohio-2452, 01-LW-1197, 00CA8. Thus, employers must exchange something more than their current obligations to enforce a non-compete agreement. However, when an employee [...]

By | January 22nd, 2015|Employment Law|0 Comments

Is a memorized customer list considered a trade secret?

The answer to this question is awkward. A memorized customer list is a trade secret if it is a trade secret. Confused yet? In 2008, the Ohio Supreme Court addressed whether memorized lists are trade secrets, and it determined that they are if the lists qualify as trade secrets under the statutory guidelines codified in [...]

By | January 20th, 2015|Employment Law|0 Comments

Where Should You File Your Discrimination Claim?

Both federal law and state law protects employees from discrimination. Federal laws include Title VII, the ADA, and the ADEA to protect against discrimination on the basis of race, gender, national origin, age, and disability. Ohio's ORC § 4112 protects the same classes. How do employees choose where to avail themselves? It depends where an [...]

By | December 30th, 2014|Employment Law|0 Comments

What Accommodations Must My Employer Make for My Disability?

Employees with disabilities may wonder what accommodations employers need to make for them. Unfortunately, the answer is not simple. Under federal law, an employer's duty of reasonable accommodation is satisfied when the employer does what is necessary to enable the disabled worker to do the essential functions of his job with reasonable comfort. If there [...]

By | December 18th, 2014|Employment Law|0 Comments