Ohio Employment Law Blog

ADA Takes Priority Over A Collective Bargaining Agreement

On behalf of Nilges Draher LLC posted in ADA - Americans With Disabilities Act on Thursday, August 16, 2018.

The United Parcel Service was found to be in violation of the Americans with Disabilities Act for a policy discriminating against temporarily disabled workers. This ruling, which came down on July 27, could have ramifications in Ohio as UPS is a nationwide company.

The lawsuit involved a driver who had suffered a stroke. Rather than retire or go on disability, he sought a non-driving position. During the time he was in his non-driving job, he was paid 90 percent of his salary, per company policy. In this case, the policy was a part of the collective bargaining agreement (CBA) between the company and the driver's union.

End of Summer Cool Down: Spray Parks in North East Ohio

By Shannon Draher of Nilges Draher LLC posted in Community on Wednesday, August 15, 2018.

The first day of school is quickly approaching but summer isn't over yet! There are sure to be several hot days to come and those with children are probably looking for something fun to do. A great way to cool off in the summer is by playing in the water. Whether its at the beach, the pool or a sprinkler.

Cellular Retailer Accused of Withholding Overtime Pay

By Hans Nilges of Nilges Draher LLC posted in FLSA - Wage & Hour on Sunday, August 12, 2018.

A former T-Mobile employee has accused the store chain of failing to pay workers their full wages and overtime pay. A class action lawsuit has been filed in New York accusing the company of violating New York's wage laws. The lawsuit has been subsequently removed to federal court. The class includes customer service representatives, assistant store managers and store managers in New York state locations since May 2012.

Cleveland Rocks!

By Hans Nilges of Nilges Draher LLC posted in Community on Wednesday, August 8, 2018.

If you're from Northeast Ohio, you know Cleveland is home to the Rock and Roll Hall of Fame, the Browns, the Indians, and the Cavaliers. But there are several hidden gems just waiting to be discovered.

Back to School Already?

By Hans Nilges of Nilges Draher LLC posted in Community on Wednesday, August 1, 2018.

It seems like yesterday the kids were finishing the school year, and just like that we are already preparing for a new school year! There are several stores that have their shelves stocked with supplies and a display holding the area school supply lists.

U.S. Department of Labor Settles California FLSA Suit For $4.2 Million

By Hans Nilges of Nilges Draher LLC posted in FLSA - Wage & Hour on Monday, July 30, 2018.

The U.S. Department of Labor (DOL) recently resolved a suit filed against California based Brea Car Wash & Detail Center for $4.2 million. The suit claimed the car wash forced its employees to clock out during slow periods but wait, on-site, unpaid until business picked up. This act violated the Fair Labor and Standard Act's (FLSA) minimum and overtime wage provisions and payroll keeping requirements. The car wash maintained through the pendency of the litigation that it did not violate FLSA standards and fought the government in discovery. In the end, Brea Car Wash & Detail Center entered into a consent judgment wherein they will pay $1.9 million in back pay, $1.9 million in damages and $400,000 in civil penalties.

Did your employer make these ADA accommodation mistakes?

On behalf of Nilges Draher LLC on Saturday, July 28, 2018.

You have the same right to gainful employment as anyone else, despite your disability. Of course, there may be some jobs that you won't be able to do, but if your employer is able to make reasonable accommodations for you, the Americans with Disabilities Act requires it, unless it causes your employer "undue hardship" as defined in the act.

Even though it may be your responsibility to request an accommodation, it is up to your employer to comply with the ADA. This means that any mistakes in providing you a reasonable accommodation and in complying with the act are on your employer, not you.

Men Face Gender Discrimination In Paternity Leave

By Hans Nilges of Nilges Draher LLC posted in Gender/Age Discrimination on Monday, July 23, 2018.

Gender equality is an issue that has been argued for years but perhaps a forgotten part of gender equality is fathers being treated equally to mothers. It is very well known, and common, that women take maternity leave after the birth or adoption of a child, but did you know that men also qualify for parental leave? Under the Family and Medical Leave Act (FMLA), men and women can both take up to 12 weeks of unpaid leave for the birth of a newborn or the placement of an adopted or foster child. FMLA can also be taken for the care of a pregnant spouse. Please check with your employer to ensure you qualify for FMLA leave.

Local Farmer's Markets: Providing More Than Just Fresh Produce

By Hans Nilges of Nilges Draher LLC posted in Community on Friday, July 20, 2018.

Perhaps one of the best parts of summer is the availability of fresh produce. Stark County and surrounding areas are home to several farmers' markets. Not only do they offer fresh produce but also baked goods, homemade goods, and children's activities. If you are looking for something fun and inexpensive to do this summer, consider checking out one of the farmers' markets listed below and support your local businesses!

Studies and personal accounts reveal pregnancy discrimination

On behalf of Nilges Draher LLC posted in Gender/Age Discrimination on Thursday, July 19, 2018.

Deciding to have children could prove to be a bad career move for women in Ohio. A recent article at a major newspaper highlighted accounts of pregnancy discrimination at large employers. One woman who worked at a commodities trading firm was told by her boss that she had nowhere to go at the workplace because of she was old and having babies.

Another example presented a Walmart distribution center employee whose supervisor had resisted granting her breaks for morning sickness until she brought in a note from her doctor. When a doctor's note also said that she needed to avoid heavy lifting, the supervisor recommended that she take unpaid leave because she created a liability for the company.

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