Intermittent Leave While FMLA leave may be taken in small increments to allow an employee to attend a doctor’s appointment or care for a sick child, employers should be aware of employees who seek to apply FMLA leave to such things as random work breaks and late arrivals. A recent case decided by the Fifth […]
On May 24, 2012, the Ohio Supreme Court issued a decision holding that the language of a non-compete agreement that failed to specify that it would extend to an employer’s “successors or assigns” would not allow a post-merger surviving company to enforce the non-compete “as if it had stepped into the shoes of the original […]
A recent Ohio appellate court case, Wigglesworth v. Mettler Toledo International, Inc., Franklin County No. 09AP-411, March 16, 2010, examined an employer’s reasons for terminating a 51 year old employee who alleged that his termination was based upon his age. A long-term employee was criticized in connection with his interaction with co-workers and his inability […]
Most savvy employers these days include an electronic communications policy in their handbook to put employees on notice that they should have an extremely limited expectation of privacy or confidentiality when using company computers, including internet and email. However, a recent decision by the United States Court of Appeals for the Ninth Circuit raises the […]
Under Ohio law employers may not discriminate in their hiring decisions based upon race, color, religion, sex, national origin, disability, age or ancestry. The laws against discrimination do not intend to prohibit employers from obtaining information that is clearly job related and which cannot be used for discriminatory purposes. Furthermore, an employer may be required […]
The Family and Medical Leave Act (FMLA) has been amended by the National Defense Authorization Act signed by President Bush on January 28, 2008. The Act provides up to 26 work weeks for the next of kin to a seriously injured active member of the Armed Forces to care for that service member. The Act […]
On June 22, 2006, the US Supreme Court decided the case of Burlington Northern and Santa Fe Railway Company v. White, 126 S. Ct. 2405, which appears to ease the burden on an employee plaintiff bringing a retaliation claim against an employer. FACTS: Sheila White, a female track laborer for Burlington Northern and Santa Fe […]
Employees required to wait to receive assignments at the beginning of their workday must be paid while they wait. In a federal case, employees of Akron Insulation and Supply Inc. had an official starting time of 7:30 a.m., but were required to report to the workplace earlier in order to load their trucks and receive […]
The Fair Labor Standards Act is a federal statute establishing minimum wage, overtime pay, child labor and equal pay requirements. The Act requires that employers pay employees for all hours worked during a work week. Overtime compensation must be paid for hours worked in excess of the maximum applicable number of hours for employees who […]
