June 17, 2020
On June 15, 2020, the Supreme Court of the United States, in Bostock v. Clayton County, Georgia, held that gay and transgender employees may not be fired merely for being gay or transgender. In a 6-3 decision, the Court held that termination on the basis of gender identity or sexual orientation violates Title VII of … Continue reading Employment Law: US Supreme Court holds that discrimination based upon status of being gay or transgendered is prohibited
April 7, 2020
On April 6, 2020, the Department of Labor published its temporary rules for the Families First Coronavirus Response Act (“FFCRA”). Our firm has written prior entries regarding the FFCRA and Covid-19’s impact on the workplace, and I previously noted that a significant portion of the FFCRA would require additional federal guidance to understand. The rules … Continue reading Federal Employment Law: Guidance on Emergency FMLA and Paid Sick Leave Released
March 26, 2020
Last week, I wrote a comprehensive overview of the new federal requirements for paid sick leave and family medical leave under the Families First Coronavirus Response Act (the “Act”). Since then, the Department of Labor has published its first guidance on the application and enforcement of those provisions. The Effective Date of the Act Has … Continue reading Ohio Employment Law: Update on COVID-19 paid sick leave and family medical leave
March 19, 2020
In the wake of the Covid-19 pandemic, Congress and the Trump Administration have greatly expanded the protections available to workers affected by the disease. On April 2, 2020, both the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) and Emergency Paid Sick Leave Act (“EPSLA”) will go into effect, and both will remain in effect … Continue reading Ohio Employment Law: New COVID-19 rights extended to workers
January 14, 2020
Tipping employees in various service professions (barbering, food service, etc.) is as American as apple pie. Unfortunately, the retention of employee tips by employers is a less common, but nonetheless pervasive, practice. Both employers and employees would do well to note that an employer’s retention of any employee tips (except as part of a valid … Continue reading Ohio Employment Law: Can an employer keep employee tips?
September 30, 2019
The U.S. Department of Labor has changed the salary level for exempted salaried employees. A prior iteration of this rule was famously (at least to employment law attorneys) declared illegal in 2016. However, the Department has been undeterred, and the new rule, which will go in to effect on January 1, 2020, has massive implications … Continue reading Ohio Employment Law: US Department of Labor enacts new rule on overtime pay for salaried workers
August 12, 2019
While discussing pay may foment worker dissatisfaction and be considered rude in polite circles, an employer may not prohibit the discussions from taking place or punish an employee for discussing pay or benefits with their coworkers. These discussions are protected by the National Labor Relations Act (“NLRA”). Among other things, the NLRA protects the right … Continue reading Ohio Employment Law: May an employer fire or discipline an employee for discussing his or her pay with Co-workers?
September 9, 2018
Can an employer make deductions from employee wages? On the face it, the answer seems obvious: Of course! Employers make deductions from employee wages on a routine basis. Common examples that come to mind are for federal and state tax withholdings, or for court-ordered garnishments. Sometimes, employees authorize other deductions, such as for insurance or … Continue reading Employment Law: Can an employer make deductions from employee wages?