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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

Unintended Consequences or “Watch Out What You Wish For”

When Federal Bankruptcy laws were toughened up in 2005, due in large part to a $40 Million lobbying effort by credit card companies and lenders, homeowners have walked away from their houses and not filed bankruptcy in record numbers. Business Week recently reported that 800,000 fewer homeowners filed bankruptcy after defaulting on their home mortgages […]

Continue Reading

Creative Litigation or “Making Lemonade From Lemons”

Recently we completed a consensual arbitration in a personal injury case. Settlement discussions had stalled, with the defendant offering $40,000 and us demanding $100,000 (the policy limits). We were stuck because the defendant firmly believed that our client’s serious and permanent medical problems were not caused by the tortfeasor’s negligence, but rather because of pervasive […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading