Archive | Employment

New EEOC Enforcement Guidance on Pregnancy Discrimination And Related Issues

On July 14, 2014 the U.S. Equal Employment Opportunity Commission published a document entitled: “Enforcement Guidance: Pregnancy Discrimination and Related Issues.” This document supersedes an EEOC Compliance Manual dating back to 1991. It provides guidance regarding the federal Pregnancy Discrimination Act (PDA) enacted in 1978 and the Americans with Disabilities Act (ADA) as they apply […]

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Family and Medical Leave Act Musings

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 […]

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IRS And State Announce Crackdown On Employers Who Misclassify Workers

In today’s difficult economy, many businesses use independent contractors to perform work instead of hiring employees as a way to save money on taxes, workers compensation premiums and unemployment compensation. Contractors are easier to hire and fire, usually are not paid overtime, and don’t receive employee benefits. However, they can perform many of the same […]

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Age Alone Will Not Protect Your Job

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 […]

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Do Employees Enjoy a Right of Privacy in Text Messages?

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 […]

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Can I Ask That?

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 […]

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Employees Must be Paid when Waiting for Assignments

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 […]

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Employees Waiting for Assignments get Big Pay Day

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 […]

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