The National Labor Relations Act (“NLRA”) was enacted in 1935 to “to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices.” The Federal Arbitration Act (“FAA”) was enacted in 1925 to encourage private dispute resolution through arbitration. Whether two federal statutes can live … Continue reading DOJ Reverses its Position on Class Waiver.
There is a common and recurring misperception among many employees, employers and even attorneys that “salaried” means “exempt” under the Fair Labor Standards Act (“FLSA”) or Ohio wage and hour laws. This is not true. While many exempt employees are salaried, not all salaried employees are exempt. This misunderstanding often results in underpayment of wages … Continue reading To Be or Not to Be . . . exempt. I’m salaried, so I shouldn’t get overtime, right? Sorry, that is wrong.
Whether a worker is classified as an “employee” versus an “independent contractor” has significant ramifications. Indeed, according to the Department of Labor, “[t]he misclassification of employees as independent contractors presents one of the most serious problems facing affected workers, employers and the entire economy.” There are many protections for employees that simply are not available … Continue reading Department of Labor withdraws 2015 and 2016 informal guidance concerning joint employment and independent contractors.
Lunch breaks are an essential part of most employees’ work days. However, many employers do not properly compensate employees for this time. When a lunch break becomes interrupted for any job-related duty, no matter how short the interruption lasts, the employee must be paid for the entire lunch break. Although the Fair Labor Standards Act … Continue reading Automatic deductions for meal breaks and the law – what you need to know.
The Ohio House recently passed, and the Ohio Senate is now considering legislation that would deny workers compensation benefits to undocumented workers who are seriously injured on the job. The bill would also limit undocumented workers access to the courts for injuries suffered on the job. This bill is bad for all Ohio workers, and … Continue reading TAKE ACTION: Protect Workers Compensation for Undocumented Workers
The Crawford Crew is an amazing organization helping raise awareness about cervical cancer around central Ohio! They put on huge yearly fundraiser called Raise a Racket and are excited to announce the event has already sold out! However, you can still help them reach their fundraising goal of $30,000 by joining the online auction! Please … Continue reading The Crawford Crew
The misclassification of employees is both against the law and damaging to the employee and employer. Employees lose significant wages when they are misclassified, while employers are confronted with large class action lawsuits and potentially hefty monetary judgments awarded against them. Generally, the Fair Labor Standards Act (“FLSA”) requires an employer to pay employees the … Continue reading The Pitfalls of Employee Misclassification
An often difficult issue for employers is whether meal breaks for non-exempt employees under the Fair Labor Standards Act (“FLSA”) count as compensable hours worked. Generally, the FLSA regulations state meal breaks do not count as hours worked when an employee is “completely relieved from duty for the purposes of eating regular meals.” 29 C.F.R. … Continue reading FLSA Test For Meal Break Compensation Clarified
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You have made your way through the long disability determination process, and finally had a hearing before an Administrative Law Judge (ALJ). Unfortunately, the ALJ has denied your claim for benefits. What now? At this point, Social Security gives you a couple of choices. First, you may appeal the ALJ’s decision to the Appeals Council, … Continue reading My Claim Has Been Denied By An Administrative Law Judge – What Are My Options?