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The federal agency is seeking to reduce the risk of misclassification On October 13, the United States Department of Labor (DOL) published a proposed rule that would affect how employees are classified under the Fair Labor Standards Act. The new rule would restore the multifactor economic reality test that DOL previously used to assess misclassification. The rule was changed to be more business-friendly by the outgoing administration on January 7, 2021. Our legal team remains on the forefront in the fight for employees' rights and the struggle to ensure Ohio employees are paid appropriately for all hours worked. If you have concerns about possible misclassification as an independent contractor, give us a call or contact us online today. Breaking down the multifactor economic reality test The proposed DOL rule would consider the "totality of the circumstances" when assessing whether a worker is a contractor or an employee. In other words, there is no single litmus test; the government weighs several factors in determining whether a violation of the FLSA has occurred. Opportunity for profit or loss depending on skill. Independent contractors generally have the ability to make more or less money depending on the quality of their work, whereas employees are paid a set wage. Level of investment by the worker and the employer. This factor looks at whether the worker has a degree of capital or entrepreneurial investment in the work. Purchasing tools and equipment, in and of itself, isn't sufficient. Permanence of the relationship. Contractors' relationships with employers are usually either definite (that is, brought in for a set period or a specific project) or sporadic (for instance, handling overflow work as needed). An ongoing, indefinite relationship is an indicator that the worker is an employee. Degree of control over the work. Contractors usually have substantial control over key aspects of their work, such as scheduling and location. Integral part of the business. Work that is central or necessary to the employer's business is typically performed by employees, not contractors. Specialized skills and business-like initiative. This factor examines whether the contractor is hired for a particular set of skills and whether those skills are consistent with the contractor being in their own business instead of dependent on the employer. It's important to remember that these rules apply specifically to classification as an independent contractor under the FLSA, which affects, for example, whether you are eligible for minimum wage and overtime. Other factors may be used to determine your classification in other contexts, such as whether you are protected by anti-discrimination laws. If you are misclassified as a contractor, talk to an employment law attorney Misclassification can have a tremendous impact on affected workers. For example, being misclassified as a contractor could lead to you being severely underpaid for your work, not to mention the implications for your taxes and important legal protections. Moreover, if you are misclassified, there's a good chance that others who work for the same employer are being misclassified as well. That's why you need to talk to an experienced attorney at Nilges Draher LLC about your legal rights and options. We have a winning track record in wage and hour cases involving misclassification, and we can help you find a path forward. Contact us today for a free case evaluation.

Understanding your legal protections under federal and Ohio law Both the federal Age Discrimination in Employment Act (ADEA) and Ohio state law protect workers who are at least age 40 from discrimination on the basis of age. Unfortunately, some employers incorrectly believe that older workers aren't capable of keeping up and treat them differently in hiring or employment on that basis. If that happened to you, then you should know your rights — and talk to an experienced age discrimination attorney. We can help. The four key elements of a workplace discrimination case As we've written previously, the first part of any employment discrimination lawsuit is establishing what's called a prima facie case of discrimination — a legal term that literally means "on the face of it." In an age discrimination case, the four elements are: You are at least 40 years old (or, more precisely, you were at least 40 years old when the alleged discrimination occurred). It's worth noting that while you must be at least 40 years old at the time of the alleged discrimination, the employer or manager who discriminated against you doesn't have to be younger than you. You did your job well enough to meet the employer's legitimate performance expectations. You suffered an adverse employment action, such as being fired, laid off, demoted, denied a raise, passed over for a promotion, or given an unfavorable reassignment. You would not have suffered this action but for your age. This doesn't require that age discrimination was the sole cause of the adverse action; it means that if you were under 40, the adverse action wouldn't have happened. For instance, if you were fired despite meeting performance expectations and your position was filled by a substantially younger but otherwise similarly situated employee, you likely have a prima facie age discrimination case. This doesn't mean you will automatically win. It means the onus is now on your employer to show that they did not discriminate on the basis of age. How your employer can fight back in an age discrimination lawsuit There are several strategies an employer can use to defend against a claim of age discrimination. Some potential arguments include the following: Reasonable factors other than age. They may argue the younger employee was a better fit for the position because of their skills or education, for instance. Good cause. The adverse employment action was based on a non-age-related cause, such as poor job performance. Misconduct at work, such as violating company policies. Lack of required qualifications to hold the position. This argument often comes up in cases involving age discrimination in hiring. Elimination of the position or general reduction in the workforce (e.g., layoffs). If your employer offers one of these arguments, then your attorney's job is to prove either that their stated reason is a less likely explanation than age discrimination or simply that it's untrue. For example, if your employer claims you lacked the required qualifications but hired a younger employee who also lacked those qualifications, you may be able to rebut their argument. Build a strong age discrimination case with an attorney on your side Evidence is critical in age discrimination cases. Sometimes, it's possible to find direct evidence of discrimination, such as a manager explicitly talking about letting you go or refusing to promote you because you're too old. More often, it comes down to circumstantial evidence that, when taken together, shows that discrimination was a factor. For example, if the employer claims you were fired due to poor job performance, their argument is weakened significantly if you can show the court your positive performance reviews. That's why you need to talk to an experienced attorney who can investigate your claim, find critical evidence, and advocate for your rights under the ADEA and Ohio law. If you believe you were discriminated against because of your age, contact Nilges Draher LLC today. We can help.

Understanding Employer FMLA Violations in Ohio Know your rights if you need medical leave in Ohio, including North Canton, Cleveland, and Columbus. The federal Family and Medical Leave Act (FMLA) gives eligible employees across Ohio and the U.S. certain protections when they need to take time off for serious health conditions, family needs, or the arrival of a new child. However, not all employers follow the law, and some employees face mistreatment for exercising their FMLA rights. If you believe your FMLA rights have been violated, it is critical to understand your options—especially with the unique landscape of FMLA in Ohio’s workplaces. If you’re in North Canton, Cleveland, Columbus, or anywhere in Ohio and are dealing with an FMLA violation, our experienced attorneys can help protect your rights. What Are My Rights Under the FMLA? The FMLA provides job-protected, unpaid family and medical leave to eligible employees. To be covered by the FMLA in Ohio, you must meet these criteria: Your employer has at least 50 employees within a 75-mile radius of your work location. You have worked for your employer for at least 12 months. You have worked at least 1,250 hours for that employer in the 12 months before taking leave. If you qualify, you may take up to 12 weeks of unpaid leave for: Your own serious health condition. Caring for a spouse, child, or parent with a serious health condition. Bonding with a newborn, adopted, or foster child. Certain needs relating to military family members. This leave can be taken all at once or as intermittent FMLA —sometimes in increments as small as 15 minutes—especially for ongoing treatments or chronic health conditions. You must provide your employer with enough notice and sufficient information for them to determine if your leave is FMLA-protected. What Are Employer FMLA Violations? Employers in Ohio, including in North Canton, Cleveland, and Columbus, can violate your FMLA rights in several ways, including: Denying FMLA leave even though you qualify. Requiring you to work during approved FMLA leave. Retaliating against you for requesting or taking FMLA leave. This can include termination, demotion, pay cuts, or negative job actions. Intermittent FMLA harassment, such as discipline or harassment for taking intermittent absences protected under the law. Penalties for FMLA Violations by Employers If your employer violates the FMLA, Ohio and federal law allow you to pursue several forms of relief: Job reinstatement if you were unlawfully terminated. Approval of denied FMLA leave. Compensation for damages, including: Lost back pay (wages and benefits already lost) Lost front pay (future wages and benefits) Liquidated damages (often double damages if the employer did not act in good faith) Attorney’s fees and costs Employers may also be subject to additional penalties or enforcement actions by the U.S. Department of Labor. Intermittent FMLA and Harassment: Your Rights in Ohio Intermittent FMLA leave is a vital protection for Ohio employees who need time off in smaller increments for chronic conditions, regular treatments, or family care. However, some employers engage in intermittent FMLA harassment —such as giving poor performance reviews, discipline, or denying advancement because of your intermittent absences. Federal law prohibits employers from interfering with, restraining, or retaliating against employees who exercise their FMLA rights. If you experience any form of harassment or negative treatment for taking intermittent FMLA leave in North Canton, Cleveland, Columbus, or elsewhere in Ohio, seek legal advice promptly. Steps to Take If Your Employer Violates Your FMLA Rights Document everything: Save copies of all FMLA requests, HR communications, doctor’s notes, and any records of retaliation or harassment. Contact an Ohio FMLA attorney: Experienced legal counsel can help you prove your case and protect your rights. File a complaint: You may file with the Department of Labor Wage and Hour Division or pursue a lawsuit for damages and reinstatement. Ready to protect your rights? Schedule a free, confidential consultation with our Ohio FMLA attorneys. FMLA Protections for Employees in Cleveland, Columbus, and North Canton In cities like Cleveland, Columbus, and North Canton, FMLA rights and employer obligations remain the same, but local workplace cultures may differ. Our attorneys have successfully defended workers’ FMLA rights throughout Ohio’s major cities and are ready to address issues specific to your location. Cleveland: High volume of healthcare and service industry cases Columbus: Government and corporate sector nuances North Canton: Manufacturing and small business compliance concerns Common Misconceptions About FMLA in Ohio FMLA leave is always paid. (False—most FMLA leave is unpaid.) Only mothers can take bonding leave. (False—Fathers and non-birth parents may also qualify.) Your job is not protected. (False—Your employer must reinstate you to the same or a similar position.) How to Prove FMLA Violations by Employers Successfully proving an FMLA violation in Ohio requires you to demonstrate: Eligibility for FMLA leave Proper notification and documentation A link between the adverse job action and your use of FMLA leave With offices serving North Canton, Cleveland, Columbus, and all of Ohio, our firm stands ready to help employees gather evidence, negotiate with employers, and litigate claims if necessary. Frequently Asked Questions (FAQs) What counts as FMLA harassment in Ohio workplaces? FMLA harassment includes negative job actions, threats, or discipline for taking or requesting FMLA leave—especially intermittent absences. If you are experiencing harassment, speak to an attorney. What are the penalties for FMLA violations by employers in Ohio? Employers may be required to reinstate your job, pay back and front pay, and sometimes double those amounts if they acted in bad faith, plus cover your attorney’s fees. Can I take intermittent FMLA leave for ongoing treatments or chronic conditions in Ohio? Yes. Ohio employees can use intermittent FMLA for treatments like chemotherapy, therapy sessions, or recurring care, as long as proper notice and documentation are provided. What should I do if I am fired after requesting FMLA leave? Document everything and contact an Ohio employment lawyer as soon as possible to discuss your rights under FMLA, ADA, and Ohio law. Does FMLA apply to small businesses in Ohio? FMLA only applies to employers with 50 or more employees within a 75-mile radius, but you may have other protections under Ohio law. Ohio FMLA Legal Help When You Need it You have rights under the FMLA. An experienced employment attorney from our law firm can protect them. If you had an FMLA request denied or are facing retaliation for requesting or taking medical leave, contact us for a free and confidential case evaluation

Your time has value — including travel time. Is travel part of your job? For many employees, the answer is "yes," whether that's every day or merely an occasional special assignment. You deserve to be paid for all your work hours, and that includes travel time that is part of your job. The general rule is that your regular home-to-work commute is your time and does not have to be paid. However, there are many circumstances in which travel for work is considered work time and thus needs to be paid. If you are a non-exempt employee and your employer is not paying you for travel time, then you may have a claim for unpaid wages, unpaid overtime, or both. An experienced wage and hour lawyer can advocate for your rights in this situation. Travel during your workday is paid time. If you travel from job site to job site during your working day, then your employer is responsible for paying you for that time — including overtime if applicable. You are only responsible for your regular home-to-work commute. Any travel during the workday beyond that is part of your job, and it should be paid like any other part of your job. Understanding the "special assignment" rule Again, your regular home-to-work commute does not have to be paid, but if your employer gives you a one-day "special assignment" that requires a longer commute, you do need to be paid for the additional travel time. For example, suppose you live and work in Columbus, and your usual commute is about 15 minutes. For one work day, your employer sends you to a satellite office in Cleveland, a two-hour drive away. Your employer is required to pay you for the additional hour and 45 minutes you spend commuting to Cleveland on that day. Rules for paid travel time during overnight business trips Pay for travel time is more complicated for business trips lasting more than one day. First, your employer is required to pay you for any travel time that cuts across your regular working hours — even on days when you do not usually work. For example, if you typically work Monday through Friday, 8:30 a.m. to 5 p.m., but you need to catch a flight for a business trip on Sunday and have to arrive at the airport at 2 p.m., then you should be paid for the three hours between 2 p.m. and 5 p.m. on Sunday. Travel time for an overnight trip outside your regular work hours does not generally have to be paid if you are relieved of all your work duties and able to travel as a passenger (meaning you are effectively free to use the time for your own purposes). But the law defines "relieved of all work duties" quite strictly; if you're doing any work for your employer while traveling, then you should be paid for that time. Some examples include: You perform work tasks during your travel time, such as working on a presentation on the train or taking a work call at the airport. You are "engaged to wait" for any work tasks that may arise during travel. For instance, a direct care worker who travels with a client and is expected to be available to help the client as needed during the trip should be paid for that time, whether or not the client actually needs assistance on a given trip. Your employer requires you to drive, for instance, to transport supplies or personnel, or because you are required to have a vehicle with you at the destination. Talk to an experienced wage and hour lawyer about your unpaid travel time. By law, you should be paid for all hours worked; if travel is part of your job, that includes travel time. An experienced attorney can determine whether your unpaid travel time is a violation of the wage and hour laws and explain your legal rights and options. Nilges Draher LLC has a strong track record in these types of cases, including a $4.9 million settlement for a class of construction workers who were not paid for travel time. If you believe your employer is violating wage laws, give us a call or contact us online today.

The "Speak Out Act" would be an important step forward for employees. A bill recently introduced in Congress aims to make it easier for employees to report workplace sexual harassment and assault. The "Speak Out Act," introduced in June 2022 by a bipartisan group of federal lawmakers, would make non-disclosure agreements (NDAs) unenforceable when workers report sexual misconduct, according to the Washington Post. This law would remove a possible threat of retaliation and chip away at the culture of silence around sexual harassment. NDAs are exceptionally common in employment — in 2018, the Harvard Business Review found that over one-third of the U.S. workforce is bound by NDAs. When appropriately limited in scope, these agreements do have some legitimate purposes, such as protecting actual trade secrets and other intellectual property. Still, they shouldn't be abused to stop employees from exercising their legal rights. This is one of the reasons the vast majority of cases of workplace sexual harassment go unreported — anywhere from 87% to 94%, according to the Equal Employment Opportunity Commission (EEOC). This proposed law would remove certain barriers, but it's important to note that those who report sexual harassment already have protections under current law. A non-disclosure agreement cannot legally cover everything. It's unfortunately common for employees who are under an NDA to think they have no options when they actually do. For instance, some victims may be hesitant to seek legal recourse if they have an NDA, but an NDA can't stop you from filing a report in good faith against an employer that you believe has violated the law. In particular, if you are sexually harassed at work, you can file a report with the EEOC, and if you are a victim of a crime, you can report it to law enforcement. An NDA can also be found legally unenforceable under some circumstances. For instance, a legal NDA needs to be reasonable and specific about what is considered confidential information. Broad, unreasonable, or onerous language intended to oppress workers or cover non-confidential information can be grounds to invalidate the NDA. The power imbalance between employer and employee can also render an NDA unenforceable, depending on the circumstances. Talk to an attorney about your legal rights and options. In short, if you are subject to sexual harassment or other unlawful conduct in the workplace, don't assume that your employer has the power to keep you quiet. You may have more legal rights and protections than you think — but the only way to know for sure is to talk to an attorney about your specific situation, and you absolutely should get legal advice before you take action. If you're concerned about retaliation or other consequences for reporting sexual harassment, we would be honored to listen to your story and explain your rights. Our conversation is confidential and there is no pressure to take legal action, just answers about your legal options. Give us a call or contact us online for a free consultation with Nilges Draher LLC.

Breaking down a common misconception about wage & hour law "You're salaried, so you don't get overtime." We hear this statement, or variations on it, all the time, and it stems from a misunderstanding of how wage and hour laws work. When people use the term "salaried" this way, they really mean "exempt" — and "exempt" is a legal term with a specific legal definition. Only certain workers are considered exempt and thus don't get overtime. Just because your employer says you're one of them does not make it so. Being "on salary" is just a method of paying you, as opposed to being hourly, day-rate, or piece-rate. Exempt employees usually have to be paid on salary, but not all salaried employees are exempt. You need to understand this distinction to protect your legal rights. Who can and cannot be exempt is based on job duties Not every employee can be classified as exempt; indeed, most employees cannot. In addition to the minimum salary requirement (currently $684 per week, as set by the Department of Labor), only particular jobs as defined by law can be treated as exempt. The most common exemption, which exists in basically any organization, is for managers who have hiring, firing, and evaluation power or comparable decision-making authority. The key issue here is that the exemption is based on job duties, not job title. Your employer can call you a supervisor, manager, director, or even vice president, but if you are not a bona fide manager with hiring, firing, and evaluation power, you're not exempt. This happens too often to "assistant managers" in industries such as retail, hospitality, food service, and banking, for example. You may have a few extra responsibilities or act as a "shift leader" when your boss isn't around, but if you spend most of your day helping customers and performing ordinary work tasks instead of managerial tasks, you're not exempt. Certain non-management jobs are also eligible to be exempt, including learned professionals (e.g., doctors, lawyers, engineers), administrative professionals, and outside salespeople who physically go out and meet with customers. There are also certain other jobs that are specifically exempted by statute. Again, this exemption is based on job duties, not job title. Remember, if you are exempt, the exemption cuts both ways It's not enough for your job duties and salary to qualify as exempt. Your employer has to actually treat you as an exempt employee, which means paying you the same amount for every week you work, regardless of hours. This means you don't get overtime if you work 50 hours in a given week, but it also means you aren't docked pay if you work 30 hours the next week. Your employer can make you use paid time off (PTO) during such weeks, but they can't pay you less than your usual weekly wage. Employers are only allowed to deduct pay from exempt employees in specific circumstances, including the first and last week of employment and weeks when you take unpaid FMLA leave. If your employer makes improper deductions from your salary, then they can lose the exemption — meaning they have to start paying you overtime. Talk to an experienced wage & hour attorney about your rights Misclassifying an employee as exempt is an incredibly pernicious violation of wage and hour laws. Often, it's framed as a step up for you — a chance for you to take on more responsibility and grow your career — when in fact it's an excuse for your employer to steal money out of your pocket. That's why misclassified workers have legal recourse. Depending on the circumstances, you may be eligible to file an individual claim or a class-action lawsuit if your employer has a pattern of misclassifying many employees as exempt. Either way, it starts with a free, confidential consultation with an experienced attorney. We would be honored to listen to your story and explain your legal options. No cost, no obligation, just answers. We can help.

Understanding your right to be paid minimum wage, overtime, and more Warehouse work can be grueling, with workers subjected to long hours of strenuous work and risk of injury. That's why both federal and Ohio laws exist to protect the rights of those workers to be paid for all hours worked. Unfortunately, just because those laws exist doesn't mean employees' rights are always respected. That is why employees need to know their legal rights and take action if necessary to protect them. What is the FLSA? The Fair Labor Standards Act is a federal law that sets the federal minimum wage, overtime, and other wage and hour protections. Strictly speaking, not every business is covered by the FLSA, but it does apply to all businesses that do at least $500,000 in business annually. It also applies to businesses that are engaged in interstate commerce or the production of goods for interstate commerce. Practically speaking, this means essentially all warehouse workers should be covered by the FLSA, according to the Department of Labor. Some of the key protections provided by the FLSA include: Covered employees must be paid at least the legal minimum wage. Non-exempt employees (which, in a warehouse, is usually almost everyone) must be paid time and a half for all hours in excess of 40 in a workweek — whether they're paid hourly, salary, day rate, piece rate, or on any other basis. Employees must be paid for all hours worked, regardless of their scheduled shifts. The law also sets certain recordkeeping requirements for employers to verify that they are in compliance with the FLSA. What are common FLSA violations in warehouses? Unfortunately, whether through ignorance of the law or an intentional scheme to pay workers less, some warehouses do not follow the requirements established by the FLSA. Some of the most common violations of the FLSA and other federal wage and hour laws in warehouse environments include: Not paying employees for all hours worked, including time spent taking inventory or completing paperwork outside scheduled hours. Averaging hours worked across two or more workweeks to avoid paying overtime. For instance, if a non-exempt employee works 30 hours one week and 50 hours the next, the employer can't average that out to 40 hours a week. They must pay 10 hours of overtime for the second week. Assuming salaried, day rate, or piece rate employees aren't eligible for overtime, even if they do not meet the legal criteria to be exempt. Misclassifying employees as independent contractors. Requiring workers to clock out for short rest breaks (breaks 20 minutes and under must be paid), or interrupting unpaid meal breaks (which legally must be 30 uninterrupted minutes). If your employer is violating these legal requirements, you do have recourse — but you have to fight for it. That's where a wage and hour attorney can make a significant difference. Schedule a free consultation today At Nilges Draher LLC, our legal team can investigate, get to the bottom of what happened, and determine how your employer violated the law. Sometimes, it's possible to resolve these situations with a negotiated settlement. Other cases may end up in federal court. Your first step should be to contact us for a free, confidential, no-obligation consultation. We can help.

Take immediate action to protect your rights as an employee One consequence of the rise of the "gig economy" has been an increase in independent contracting. There's nothing wrong with that per se, as many workers — from tradesmen to freelance writers to white-collar consultants — earn a good living as independent contractors. The key is that these people take advantage of the tradeoff at the heart of independent contracting: they're responsible for their own taxes and benefits, but also enjoy greater freedom and flexibility. However, quite a few "independent contractors" are actually no such thing. They are employees misclassified as contractors — and that can be catastrophic. If you believe your employer has misclassified you, then you may have legal recourse. Understanding the legal requirements to be an independent contractor An employer can't just say you're a contractor to avoid taxes or benefits. Broadly speaking, you are an independent contractor if you are in business for yourself, and you are an employee if you work for someone else's business and they exercise control over your work. Unfortunately, there is no single test for whether someone is an employee or an independent contractor, and federal and Ohio law differ somewhat on the issue. However, some of the questions to ask in this determination include: Does the employer set specific hours or a specific location for your day-to-day work? It's one thing if they ask you to attend a few meetings at a specific time and location, but if they're requiring you to work in their office during specific hours day-in and day-out, that's a sign that you are likely an employee, not a contractor. Does the employer control the details of your work process? Do they require you to use specific tools or equipment, or direct you where to purchase supplies and services? That level of control of your work is usually associated with employees; independent contractors usually use their own tools and methods as long as the work gets done. Are you free to seek out other business opportunities or advertise your work to other companies? A truly "independent" contractor is usually allowed to do so. Does the employer give you training and/or formally evaluate your work? While it's not unusual for contractors to get informal input and feedback on their work, if the level of training or evaluation is on par with an employer-employee relationship, you might be misclassified. In plain English, if you're called an "independent contractor," then you should be meaningfully independent: free to set your own schedule, engage multiple clients, and control the details of how your work gets done. If a company treats you as an employee, then there's a good chance you are an employee and legally should be treated as such. However, ultimately, only an attorney can assess your situation and determine whether you should be classified as an employee or an independent contractor. The cost of being misclassified can be quite high If you're misclassified as an independent contractor, the effects on your income can be substantial. Contractors are exempt from minimum wage and overtime laws, pay their own Social Security and Medicare taxes, and don't get benefits such as health insurance and workers' compensation. Independent contractors also lack several important legal protections that employees have, such as anti-discrimination laws and protections for union organizing. That's why, if you suspect you're misclassified as an independent contractor, your first step should be to call an attorney. That doesn't mean you'll have to file a lawsuit or go to court; it means you'll get clear answers from someone who knows the law and understands your rights and options. If you believe you're misclassified, contact Nilges Draher LLC for a confidential, no-obligation consultation.

To protect your legal rights, you need proof Under both federal and Ohio law, you have the right to a workplace free from unlawful discrimination. If your employer violates those anti-discrimination laws, then you have legal recourse—if you can prove it. Remember, not all unfair treatment in the workplace is illegal discrimination. To exercise your rights under Ohio and federal law, you need to show that you were treated differently on the basis of race, ethnicity, national origin, sex, gender, sexual orientation, religion, age (over 40), or another protected characteristic. Understanding the elements of a workplace discrimination case There are four key elements you need to prove to establish an employment discrimination case: You are a member of a protected class. For instance, if you're claiming age discrimination, you need to be over 40, and if you are claiming disability discrimination, you need to prove that you have a disability (or that your employer believed you had a disability). You were qualified for the job and met the employer's job performance expectations. You suffered an adverse employment action, such as being fired, denied a raise or bonus, reassigned to a less desirable shift or less prestigious project, denied professional development opportunities, etc. A similarly situated employee outside your protected class received preferential treatment. These elements create what's called a prima facie case of discrimination—a legal term that literally means "on its face." At this point, the law presumes that you were indeed a victim of discrimination, and the burden of proof shifts to the employer to show that they had a non-discriminatory reason (such as poor job performance) for the adverse employment action. If your employer offers such a reason, then the court has to decide whether that reason is legitimate or pretextual (that is, a false or inadequate reason given to cover up the employer's discriminatory conduct). You can offer additional evidence to support your case and show that the reason given by your employer is pretextual. Certain documents play a critical role in discrimination cases Broadly speaking, there are two types of evidence in discrimination cases: direct evidence and circumstantial evidence. Direct evidence of discrimination is anything that explicitly relates the adverse employment action to your protected characteristic. For instance, if the CEO of your company explicitly said "we won't promote you because your disability makes you unreliable," that would be direct evidence of disability discrimination. Of course, most employers are savvy enough to avoid making such direct statements, so most discrimination claims are based on circumstantial evidence: indirect evidence that shows the elements listed above. Some of the key pieces of evidence in a discrimination case are: Performance evaluations: As noted above, part of your discrimination case is showing that you met your employer's job performance expectations. Moreover, if your employer argues that adverse employment action was performance-related and thus not discriminatory, you need records to show that your performance was not the issue. So, save copies of your annual reviews, feedback from your managers, awards and recognition, and any other acknowledgment of your job performance. Written communications: Save copies of emails, text messages, Slack messages, and any other relevant communications. These messages might be direct evidence of discrimination; sometimes, people are comfortable expressing their true thoughts in text when they would be more cautious in speech. Messages from your managers and coworkers may also be evidence of strong job performance that can be used to show that your employer's explanation is pretextual. Talk to an experienced discrimination attorney about your rights The federal and state discrimination laws are complex. You may know you were treated unfairly, but proving your case to the satisfaction of the court is a complex process, and the way to navigate that process is to get an experienced discrimination lawyer on your side. If you've been discriminated against at work, contact Nilges Draher LLC for a free consultation. We can help.

All employees should be paid for the hours they work—it’s a simple and fair concept. But every year, employers violate wage laws and find ways to avoid paying their workers what they are owed. A new report has shed light on how serious and widespread the problem of wage theft really is. The Economic Policy Institute analyzed data from the U.S. Department of Labor, state departments of labor and attorneys general, and class and collective litigation. Nationwide, they found that more than $3 billion in stolen wages were recovered for workers between 2017 and 2020. Workers throughout Ohio recovered $1,839,209 in stolen wages. Wage and hour violations take many forms Examples of wage theft that researchers analyzed include: Paying workers less than the minimum wage required by law Failing to pay non-exempt employees overtime pay Asking employees to work off the clock Denying meal breaks to workers Illegally deducting money from wages Confiscating tips or failing to pay the difference between tips and the legal minimum wage Misclassifying employees as independent contractors to pay lower wages or avoid overtime pay Founded in 1986, the Economic Policy Institute (EPI) is a nonprofit and nonpartisan think tank that examines the impact of economic policy on low- and middle-income workers. “The persistence of wage theft is a widespread epidemic that costs workers, their families, and communities billions of dollars each year,” the authors of the report wrote. “While states, localities, and the federal government have in place measures to deter wage theft and recover lost wages, these measures still only scratch the surface of this pervasive problem.” They also noted that while the numbers are staggering, they represent “just a small portion of wages stolen from workers across the country.” They said that wage theft impacts all workers, but low-wage workers are disproportionately affected. Fighting for workers in Ohio and throughout the country The report cites an analysis that found nationwide, the top 10 wage and hour class action settlements from 2017 to 2020 were valued at $1.5 billion. Even if unpaid wages start small, they can add up over time. Before long, workers may find they are owed thousands of dollars. Workers can take legal action, but wage and hour laws are complex. There are rules and regulations at the state and federal levels. Employers may deny there is a problem, and they have lawyers fighting for their interests. That’s why it’s important to talk to an experienced Ohio wage law attorney as soon as possible if your employer owes you pay. The lawyers at Nilges Draher LLC have extensive experience fighting for the rights of workers. We have a long track record of results in state and federal court, in Ohio, and throughout the country. Our firm has represented thousands of workers and recovered more than $50 million. Learn more about how we can help. Contact us to schedule a free case evaluation. One of our attorneys can review the details of your case, answer your questions, and go over your legal options. We have offices in Cleveland, Columbus, and North Canton.

Discrimination is subtle and pervasive in many companies Every employee has the right to a workplace free from unlawful discrimination and harassment on the basis of sex, gender, race, ethnicity, religion, and other protected characteristics. Unfortunately, for too many employees in Ohio and across the nation, that’s not the case. Sometimes, discrimination is blatant, but in many cases, it’s subtle differences in how employees are treated that can have a significant effect on their careers. A closer look at unfairness in the workplace Coqual, a nonprofit think tank, recently investigated how managers’ and colleagues’ behavior contributes to discrimination in the workplace. According to the study: Nearly one in three Black professionals, one in five women, and one in six LGBTQ professionals feel they are treated unfairly at work. Less than half of non-White men and Black women feel their work assignments are appropriate for their level. Professionals with darker skin are twice as likely as their lighter-skinned peers to say their manager treats employees differently based on how much they like them (that is, plays favorites). Black men, Black women, and Latin American men are more likely to report being micromanaged. Again, little of what’s in the Coqual study rises to the level of blatant discrimination. The study didn’t ask whether people were fired, demoted, or passed over for promotion on the basis of their race, gender, or sexual orientation. However, these relatively subtle behaviors in the workplace can lead to real career consequences for the professionals on the receiving end. Someone who is given less interesting or difficult assignments, for example, may end up being passed over for a promotion or raise because the more prestigious assignments went to a colleague who then got promoted on the basis of their work on that process. Likewise, an employee who is micromanaged could end up seeing “requires too much attention” or “doesn’t work independently” in their performance review, even if that’s because of their manager’s biases rather than their actual quality of work. Employers have a responsibility to cultivate an inclusive culture – and comply with the law The Coqual study points out that often, it’s managers and colleagues whose individual actions create unfair treatment. “Individuals have the power to shape each other's daily experiences at work. We often leave a leader or a team, not a company, based on unfair treatment,” said Coqual executive vice president Julia Taylor Kennedy. Likewise, the research found that managers who model inclusivity can create more inclusive and supportive teams. Nevertheless, from a legal perspective, this dynamic does not absolve the company as a whole of liability. Employers are responsible for cultivating a work environment free from unlawful discrimination and addressing any discrimination or harassment that happens under their watch. Even if it’s a middle manager who is the immediate source of the discrimination, upper management, and human resources need to intervene promptly and appropriately to shut it down. If an organization’s leaders let discrimination fester, they are legally responsible for the consequences. If you believe that your employer has discriminated against you on the basis of race, ethnicity, sex, gender, sexual orientation, or any other protected characteristic, contact us. Our discrimination lawyers know how to help. We have offices conveniently located in Columbus, Cleveland, and North Canton. Contact us for a free, confidential consultation with an Ohio workplace discrimination attorney.

An Ohio Wage Law Attorney Provides Details Federal and state laws protect the rights of workers to receive overtime pay when they work in excess of 40 hours in a week. But there are still employers who try to ignore these laws and pay workers less than they deserve. When this happens, workers have the right to take legal action to recover unpaid overtime. In November, 61 workers at a Fayetteville, North Carolina motorcycle repair and sales company received wages owed to them after their employer tried to avoid overtime requirements. Violations of Federal Law Discovered After an investigation, the U.S. Department of Labor’s Wage and Hour Division found that Flip My Cycle Inc.: Failed to keep accurate records Failed to pay proper overtime Tried to avoid overtime requirements by labeling extra hours as bonuses, miscellaneous pay, or commissions Failed to include performance bonuses in the computation of overtime pay Paid straight-time pay for overtime hours in violation of the Fair Labor Standards Act (FLSA). As a result of the investigation, the workers recovered $48,315 in back wages and $48,315 in liquidated damages, for a total of $96,630. Wage and Hour Division District Director Richard Blaylock, based in Raleigh, North Carolina, said overtime violations have harmful effects. “Employers who fail to pay workers all their hard-earned wages make it harder for workers to make ends meet, and the employer gains an unfair advantage over their competitors who comply with the law,” he said. If you're a worker who believes you're not getting paid properly, contact our law firm to learn your legal rights and options. Fighting for Workers in Ohio FLSA requirements for overtime pay include: Eligible employees must be paid overtime at a rate of not less than time and one-half their regular rates of pay. A workweek is a fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods and can begin on any day or at any hour. The employee’s regular rate of pay can’t be less than minimum wage. Earnings can be determined on a piece-rate, salary, commission, or another basis, but overtime pay must be determined on the basis of the average hourly rate derived from these earnings. If an employee works at two or more different types of work at different rates in a workweek, the regular rate for the week is the weighted average of the rates. Overtime laws in Ohio are very similar to federal laws. If your employer did not pay you overtime for extra hours you worked, it’s important to get trusted legal advice as soon as possible from an experienced wage and hour attorney. At Nilges Draher LLC, our lawyers take your case seriously. We know how to handle complex cases and have a record of getting results. This includes more than $30 million recovered in unpaid wages. We have also recovered a $5.9 million settlement for workers in a class action case involving unpaid overtime. Learn more about how we can help by contacting us to schedule a free consultation. We can review the details of your case and go over your legal options.