On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule to promote competition by banning non-competes nationwide. The nationwide non-compete ban protects the fundamental right of workers to change jobs, which increases innovation, and fosters new business formation.  An estimated 30 million workers—nearly one in five American workers—are subject to a non-compete and will be impacted by this rule. Key Takeaways from Federal Non-Compete Ban The nationwide ban will become effective in 120 days after publication in the Federal Register, which is on or about August 21, 20 ..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 not have to pay you overtime rates for hours worked over 40 in a single workweek. To qualify as “exempt” your employer must pay you a guaranteed minimum salary each week, and your primary job duties must fall into a specific categor ..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 he said/she said! Read the Full Article Here ..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 functions of your job with or without a reasonable accommodation. Therefore, if you have restrictions but are able to perform your job with an accommodation, you are entitled to work. For other examples, Read the Full Article Here ..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 of limitations continues to run and unpaid overtime or other violations may “fall off” until the Court tolls the Statute of Limitation or, as this Colorado Court held, a motion for Conditional Certification is filed. Read the Full Article Here ..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 ..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 have an actionable claim? The Supreme Court has provided a factor test: Justice Scalia suggests that there are two factors that determine whether third-party retaliation is unlawful under Title VII: 1. The nature of the relationsh ..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 more information related to Pregnancy Discrimination and the proposed law visit these links: Pregnancy Discrimination Act (Current Law) Facts on the Pregnancy Discrimination Act Pregnant Workers Fairness Act: Proposed ..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 (ADA) (Remember: it is the employees burden to request a reasonable accommodation). This request then shifts the burden to the employer to show that an extended leave would cause “undue hardship.” Read the full article on Extended Leave under the FMLA and ADA. For m ..read more

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 many workers don’t know about their rights under the FMLA and fail to take advantage of its protections,” as stated in a DOL press release. For more information on the guide, visit the DOL website. View and download the FMLA Guide ..read more