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Our Ohio discrimination attorneys reveal what to know In a recently filed lawsuit, former employees of Facebook CEO Mark Zuckerberg and his wife, Priscilla Chan, said they were victims of sexual and verbal harassment and discrimination. The billionaire couple is being sued by the two ex-employees, who say the exploitation occurred while working in the family office that handles the couple's home and personal affairs. According to Business Insider, documents filed in September 2021 show that the plaintiffs are Mia King and a man who identified himself only as ' John Doe.’ Both claim that a former Zuckerberg assistant, Liam Booth, subjected them to unfair labor practices and harassment. The allegations against Zuckerberg and Chan focus on their role as employers. King is described in the lawsuit as a Black woman and a member of the LGBTQ community. She worked for the family security company Limitless Specialty Services LLC from May 2018 to February 2019. Her complaint states that Booth made several discriminatory comments to her related to her gender and race. She said he made inappropriate comments about her breasts that made her feel uncomfortable. King said when she tried to report the harassment, the company did nothing. She said she was told: "The men are in leadership positions here, they are in power." Legal documents indicate that John Doe is an openly gay man suffering from epilepsy. He served as operations manager for the family from January 2017 to March 2019. He claims that, in addition to receiving insults "based on his sex, gender identity, sexual orientation, disability and/or medical condition”, he suffered sexual harassment by Booth. The man said that Zuckerberg's former assistant repeatedly touched him inappropriately, once "during a company dinner hosted by the defendants in front of several witnesses and other employees," according to the documents. Alleged failure to pay In addition to complaints of discrimination and harassment, the plaintiffs also claimed they were forced to work overtime without pay. They also said they were denied rest periods and meals. 'John Doe' says that he had to work more than 40 hours a week and more than 8 hours a day (the time stipulated in his contract), without any compensation. The man explained that he was forced to work "17-hour days to prepare the property before the arrival of the Zuckerbergs." In addition, some of the tasks assigned to him, such as carrying heavy objects or covering long shifts without rest, could have impacted his health. The Facebook CEO's response A Zuckerberg spokesman, Ben LaBolt, said that an independent internal investigation showed that: "the allegations could not be confirmed. Any complaint made to our human resources staff is taken seriously, investigated and reviewed. We are confident that these statements, which seek to unfairly disparage our colleagues, will fail. We firmly believe that these employees were treated fairly and with respect and the family office is confident that they will void the claims.” Talk to a discrimination lawyer to go over your rights You have a right to a workplace that is free of unlawful discrimination. Workplace discrimination based on your membership in a protected class is illegal. These protected classes include, but are not limited to: Age Disability Gender Race Religious Beliefs National Origin Sexual Orientation Pregnancy Federal, state, and local employment laws, including the Equal Pay Act, protect employees against discrimination based on these (and sometimes more) classes. If you believe that your employer has discriminated against you because you belong to one of these protected classes, contact us. Our discrimination lawyers know how to help. We have offices conveniently located in Columbus, Cleveland, and Massillon. Contact Nilges Draher LLC today to schedule a free consultation with a workplace discrimination attorney.

Ford Motor Company is being sued by the federal government over alleged discrimination against a pregnant woman. In the U.S., it is illegal to discriminate against people based on their sex, including pregnancy. Pregnant women are protected under the Civil Rights Act and the Pregnancy Discrimination Act amendment. When discrimination happens in the workplace, employees need to understand their right to fight back. Anti-discrimination lawyers break down barriers that cut people off from the full benefit of their individual hard work and economy. Workplace discrimination and pregnancy The lawsuit against Ford was filed by the U.S. Equal Employment Opportunity Commission (EEOC). According to the EEOC, in 2019 a Chicago woman was allegedly denied work at a stamping plant in Illinois once she revealed she was pregnant. The woman had a conditional job offer, the EEOC says, but first, she had to pass a physical exam along with a drug test and background check. During her physical, she told a Ford physician she was pregnant. The EEOC alleges that the doctor cleared her for work, but Ford never scheduled her first day on the job. The woman called Ford multiple times for weeks to find out when she would begin work. She was allegedly given a variety of excuses until she was told Ford is no longer hiring. The EEOC says attempts to reach a pre-lawsuit settlement with Ford did not succeed. The commission is seeking back pay as well as compensatory and punitive damages and injunction relief. Types of workplace discrimination Discrimination is illegal but can sometimes be difficult to identify and complicated to prove. People who behave terribly often attempt to hide their actions. And too often, they have no reservations about bullying others into covering for them. The discriminations attorneys at Nilges Draher LLC have years of experience fighting unjust treatment of individuals. We understand the tricks and strategies people use to obscure discrimination against others based on: Age Disability Gender Race Religious beliefs Nation of origin Sexual orientation We know how to bust through the obstacles and drill down to the truth. We build strong cases that force companies to take your claim seriously. Our attorneys fight for what is right. We don't back down. If you have suffered from workplace discrimination, we want to talk to you to see how we can help. Examples of job-related discrimination may include: Demotion Firing Pay inequality Loss of promotion Sexual harassment Denial of benefits Learn how we can protect your rights At Nilges Draher LLC, our employment attorneys have years of experience representing people who have been discriminated against at work. That's why we know how to build strong, compelling cases and why we have such a strong track record of delivering justice to our clients. Find out how our law firm can help you and contact us today to schedule a free case evaluation with an experienced Ohio discrimination lawyer. We serve clients nationwide and have three offices located in Cleveland, Columbus, and Massillon, Ohio. We would be honored to speak to you about your potential legal case.

A wage lawyer in Ohio explains how pay is calculated for tipped employees The U.S. Labor Department recently ordered a restaurant to pay $76,000 in back wages to 10 employees who were forced to share their tips and paid below minimum wage, according to a recent news story about the wage law violation published in The Daily News. Based on an investigation conducted by the U.S. Labor Department, the restaurant in South Carolina was ordered to pay back wages to waiters who were paid as little as $2.13 an hour and forced to share their tips with the owner and managers of the restaurant. Can an employer make you share your tips? There’s often a lot of confusion about whether servers and other restaurant workers who normally receive tips (bartenders, for example) must share their tips with fellow restaurant workers who don't receive tips, including back of the house employees like cooks and dishwashers. The short answer is yes, a restaurant can require its servers to share their tips, a practice often referred to as “tip pooling.” However, an employer cannot require tipped employees to share tips with managers or supervisors. Restaurants must also pay all employees who participate in a tip pool – including servers, bartenders, and other tipped employees– at least the standard minimum hourly wage. That wage varies from state to state. In the case mentioned above, that restaurant paid its servers less than the federal minimum wage, which is $7.25 an hour. What is the minimum wage for tipped workers in Ohio? In Ohio, there are laws designed to protect the rights of servers, bartenders, and other tipped workers. To start, there’s the state’s minimum hourly wage, which is currently $8.80 per hour. However, employers can pay tipped employees less than the standard minimum hourly wage, provided that a tipped employees’ hourly pay adds up to at least $8.80 per hour when including tips. So, what’s the minimum amount that a restaurant in Ohio can pay a tipped employee? Such businesses must pay tipped workers at least 50 percent of the state’s standard minimum wage. That’s due to what’s called a tip credit. As a result, an Ohio restaurant can pay a server $4.40 an hour, provided that the waiter’s tips bring their average hourly pay up to at least $8.80 per hour. As far as tip pooling, Ohio workers who normally receive tips are only required to share their tips with fellow employees who normally receive tips. That means servers and bartenders cannot be forced to share their tips with dishwashers, cooks, and restaurant managers. If an employer requires a tipped employee to share their tips with workers who don’t normally receive tips, then all employees (tipped and non-tipped) must be paid at least the minimum hourly wage (not including tips). Legal help is available Wage law violations, including minimum wage violations, can be very complicated legal cases. Even knowing what the laws are in your state might not be clear, especially if you’re a restaurant worker who receives tips as part of your pay. That’s why it’s important to talk to a wage lawyer as soon as possible if you believe you’re not being paid the right amount of money for your work. The Ohio employment lawyers at Nilges Draher LLC have years of experience handling legal cases involving unpaid work, minimum wage violations, failure to pay tipped employees properly, and other wage law cases. As a result, we know the ins and outs of the state and federal labor laws that apply to these types of claims. That’s how we build strong cases and why we have such a strong track record of success. Discover what our law firm can do for you if you believe you’re not being paid the money you rightfully deserve. Contact us today to schedule a free case evaluation with an experienced wage lawyer in Ohio. We serve clients nationwide and have three offices located in Cleveland, Columbus, and Massillon.

Ohio attorneys explain your rights, how to respond to harassment at work Workplace harassment is a serious problem that demands immediate attention. Each year, far too many people experience some form of harassment on the job. Just recently, a group of women who work for video game developer Activision Blizzard Inc. filed a harassment lawsuit, claiming they were subjected to constant sexual harassment due to the company’s ‘frat boy’ culture, according to Bloomberg News. Meanwhile, at a Tesla factory in California, current and former employees recently filed a harassment lawsuit against the company, which they claim has allowed other workers to make constant racist remarks and create a hostile work environment, according to The New York Post. So just how common is workplace harassment? What constitutes harassment? What are the most common types of harassment? And what should you do if you’re being harassed at work? Below, you can find the answers to these questions and other useful information from experienced workplace harassment lawyers who represent workers throughout Ohio. How common is workplace harassment? Accurate workplace harassment statistics can be difficult to determine. Each year, the U.S. Equal Employment Opportunity Commission (EEOC) investigates thousands of harassment complaints the federal agency receives from employees around the country. In the past five years, for example, the EEOC has received 82,847 workplace discrimination complaints on average each year. During the same five-year time period, Ohio workers filed 2,505 workplace discrimination on average each year. Unfortunately, the vast majority of people do not report harassment in the workplace. For example, an estimated 72% of employees who experience sexual harassment in the workplace do not report such incidents, even though 82% of women have experienced sexual harassment at some point during their lifetime, according to i-sight. As a result, the EEOC annual workplace harassment statistics most likely only reflect a fraction of the actual number of workplace harassment incidents nationwide. What constitutes workplace harassment? Workplace harassment can cover a wide range. From physical harassment to verbal harassment or sexual harassment, there are many different ways employers or fellow employees can create a hostile work environment. In terms of which types of harassment complaints the EEOC receives each year, the most common complaints each year involve the following types of cases. Please note that such statistics add up to more than 100% since some complaints involve several different types of harassment. The most common workplace harassment complaints include: Workplace retaliation (53.8% of complaints received by the EEOC) Harassment or discrimination due to someone’s legally-protected disability (33.4% of EEOC complaints) Harassment or discrimination due to someone’s race (33%) Sexual harassment (32.4%) Age discrimination (21.4%) Harassment or discrimination due to someone’s national origin (9.6%) Racial discrimination or harassment (4.7%) Religious harassment or discrimination (3.7%) Equal pay discrimination (1.5%) These are just some of the most common types of workplace harassment cases. There are many other types of cases. And each one requires its own unique strategy and approach depending on the specific circumstances of each incident. How should employees respond? If you are being harassed at work, it’s important to take certain steps right away to protect your rights and hopefully put an end to the harassment. The EEOC recommends taking the following steps in response to workplace harassment: If you are comfortable doing so, tell the person harassing you to stop doing so. If you are not comfortable confronting the person harassing you, tell your supervisor you are being harassed. In addition, you have the right to file a formal complaint with the EEOC. Certain deadlines (often 180 to 300 days from the date of the incident) apply for filing a formal complaint depending on the circumstances of your case. You can learn more about these deadlines and the EEOC’s formal complaint process on the EEOC’s website, which has a section devoted to “How to File a Charge of Employment Discrimination.” Other recommended steps if you are being harassed at work include: Keep a written record of exactly when and where each incident took place. Write down if there was anyone there at the time who witnessed what happened. If your harassment complaint involves receiving offensive emails or anything else in writing, make sure to print out a copy and save such documents in a secure place. This can be powerful proof of what you have been subjected to at work. If your harassment involves anything visual (offensive language written near your workspace, for example), take photographs of such offensive material immediately before it is removed or destroyed. Not sure what to do next? When in doubt, call a lawyer. The sooner you talk to an experienced workplace harassment attorney, the better. How can a lawyer help? Having a lawyer on your side who understands the state and federal laws that apply to workplace harassment cases in your community can make a dramatic difference in the outcome of your case. In particular, your attorney can make sure you fully understand all the legal options available to you and serve as your voice for justice with your employer, the EEOC, and any other state or federal agency investigating your harassment complaint. The Ohio attorneys at Nilges Draher LLC have years of experience handling complex legal cases involving workplace harassment throughout the state. We’re well versed in the state and federal laws that apply to employers and employees in Ohio. As a result, we can advise you on the best way to proceed in your legal matter. Learn more about how we can help you with your workplace discrimination or harassment complaint. Contact us and schedule your free case evaluation with one of our highly skilled attorneys. Our law firm has three offices conveniently located in Cleveland, Columbus, and Massillon, Ohio.

Ohio employment law attorneys explain current medical leave policies A proposal by President Joe Biden would allow most workers nationwide to eventually take up to 12 weeks of paid medical leave for a serious illness, for raising a newborn child and in certain other circumstances, according to CNBC and numerous other news outlets. Such a proposal would be a dramatic difference to the country’s current medical leave policy, according to Ohio attorneys who handle these types of cases. President Biden recently proposed offering paid medical leave to most American workers. He proposed it as part of his economic stimulus plan introduced in April, according to The New York Times. The proposed $4 trillion plan includes $225 billion for paid family and medical leave. If approved, most workers in the United States could receive up to $4,000 a month for 12 weeks due to a serious illness, to care for a newborn child or to care for an immediate family member (spouse, child or parent) with a serious illness. Is paid medical leave available? Currently, there is no national paid medical leave policy in the United States. Instead, most full-time employees are allowed to take up to 12 weeks of unpaid leave for medical reasons or to raise a newborn child under the Family and Medical Leave Act (FMLA) of 1993. However, some states do provide some sort of paid medical leave for most workers. The states that currently require most employers to provide paid medical leave to most employers include Arizona, California, Colorado, Connecticut, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington, according to the Society for Human Resource Management. In addition, certain cities in other states require certain employers to provide paid medical leave. What is Ohio’s medical leave policy? Like many other states, Ohio employers are not required to provide paid medical leave. Instead, most employers in Ohio only have to abide by federal FMLA regulations. Those regs require most employers to provide up to 12 weeks of unpaid medical leave during a 12 month period. In order for an employee to take unpaid time off in Ohio for medical reasons, the employee must request the time off in writing at least 14 days in advance, during which time the employee can use paid sick time, personal time or vacation time while waiting for approval from their employer, according to Ohio’s Leave of Absence Without Pay rules. Other restrictions apply, including: The size of the company (must employ more than 50 workers) How long the employee has worked for the company (at least 12 months) How many hours an employee must work in order to be eligible (at least 1,250 hours in the past 12 months) Can a lawyer help? Even if you’re legally entitled to take medical leave in Ohio, you may encounter difficulties after you request time off. Your employer might deny your request, wrongfully terminate you or punish you in some other way. They may demote you or not hold your job for you while you take time off for legitimate medical reasons. The Ohio attorneys at the Nilges Draher LLC have years of experience handling complex legal cases throughout the state. We’re well versed in the state and federal employment laws that apply to employers and employees in Ohio. As a result, we can advise individuals or corporations on the best way to proceed in such legal matters. Learn more about how we can help you with your particular situation. Contact us and schedule your free case evaluation with one of our highly-skilled employment law attorneys. Our law firm has three offices conveniently located in Cleveland, Columbus and Massillon, Ohio.

The U.S. Department of Labor is repealing a Trump-era rule it finalized in January that would have made it tougher for gig workers to be classified as employees instead of independent contractors. Gig workers — such as people who work for app-based services like Uber, Lyft, Instacart, and DoorDash — are typically classified as contractors and not covered by federal minimum wage and overtime laws, nor do they have access to certain benefits and protections afforded to employees under the Fair Labor Standards Act. The regulation was blocked by the Biden administration, continuing the tradition of new presidents from different parties reversing the previous president's impending rules once they are sworn into office. “Misclassification of employees as independent contractors presents one of the most serious problems facing workers today,” said Jessica Looman, the principal deputy administrator for the Labor Department’s Wage and Hour Division. Looman added that the Trump-era rule would have not just impacted gig workers, it would have limited which workers were classified as employees across the economy and allowed more employees to be misclassified as contractors. Along with blocking the rule, the Biden administration indicated it would look for opportunities to enforce existing laws with regard to misclassification of workers, especially the labor laws that are applicable to lower-wage workers. Why is worker classification important? While using different job titles might not seem like a big deal, there are some companies that illegally classify workers as independent contractors to avoid paying appropriate compensation and overtime wages to their employees. The tactic not only creates a competitive disadvantage for companies that obey the law but also provides an opportunity for employers to exploit lower-wage workers who may be too scared of retaliation to speak up. This is just one reason why we have employment laws, and if a court or government agency decides a company has misclassified workers as contractors or some other type of non-employee, the employer could face harsh penalties and other consequences. For instance, the Department of Labor recently took corrective action against a Tennessee home health care service provider to recover over $350,000 in back wages after the company intentionally misclassified 50 caregivers as independent contractors to avoid paying them overtime. "Misclassification denies employees access to critical benefits and protections they are entitled to – overtime, the minimum wage, family and medical leave and, in some cases, safe workplaces," Looman wrote in a recent post on the U.S. Department of Labor Blog. "It generates substantial losses to the U.S. Treasury and the Social Security and Medicare funds, as well as to state unemployment insurance and workers’ compensation funds. It cheats every taxpayer. It undermines the entire economy." While proponents of the Trump-era rule said it made it easier for people to be self-employed and create their own work schedules, Labor Secretary Marty Walsh said the rule just made it easier for companies to misclassify their workers. “We’ve seen employers are increasingly misclassifying their workers as independent contractors in order to reduce labor costs and take a lot of protections away from workers, including minimum wage and overtime,” Walsh said. If your rights have been violated, Nilges Draher can help Your time is valuable and you deserve to be compensated appropriately for the work that you do. Unfortunately, a lot of employers try to pad their profits by exploiting workers and denying them employee status — even if it violates the Fair Labor Standards Act. If you believe you've been misclassified by your employer and you're owed unpaid wages or overtime, an employment lawyer can protect your rights and fight for the compensation you deserve. Nilges Draher LLC is one of the largest and experienced overtime and minimum wage litigation practices in Ohio, and our attorneys have successfully represented workers in a wide variety of employment lawsuits. In fact, our law firm previously secured a $5.9 million settlement on behalf of workers who were misclassified by their employer as outside salespersons who were exempt from overtime. Discover what an experienced employment law attorney can do for you. Contact us today to book your free consultation.

If you face discrimination at work because of your age, Ohio's new employment law gives you an easier way to file a claim. The change involving age discrimination claims is just one of the significant revisions to Ohio’s system of dealing with discrimination in the workplace. Lawmakers approved House Bill 352, the Employment Law Uniformity Act, which modifies civil rights laws related to employment. The Act, which was signed into law by Gov. Mike DeWine, goes into effect this month. It is designed to strike a balance between the rights of employees and the obligations of employers. The Ohio Chamber of Commerce has long pushed for the types of reform that are part of the new Act. The impact of the Employment Law Uniformity Act Here are highlights of the new law: Age discrimination claims: The Uniformity Act ushers in a welcome change for workers who face age discrimination. Prior to this new law, the process for filing age discrimination claims was complex and confusing. Fortunately, the new law simplifies the process. The procedure to file an age discrimination claim is the same as the process for filing other discrimination claims based on protected characteristics. Statute of Limitations: Under the new law, an individual must bring a discrimination claim within two years of the alleged act. Previously, the statute of limitations was six years. Procedural change: The employee must file a charge with the Ohio Civil Rights Commission (OCRC). The change is designed to force the individual alleging discrimination to exhaust administrative remedies before filing an action in court against the employer. Affirmative defenses: The Uniformity Act provides a statutory “affirmative defense” to hostile work environment and claims of harassment. An affirmative defense is a response that an employer uses when served with a lawsuit. If a supervisor is accused of creating a hostile work environment, an employer can raise an affirmative defense. The employer must prove that it exercised reasonable care to prevent and correct any harassing behavior. In addition, the employer must prove that the worker who is alleging a hostile work environment unreasonably failed to take advantage of the employer’s preventative or corrective opportunities. How an employment lawyer in Ohio can help you If you have faced discrimination at work, you shouldn't have to navigate the confusing system on your own. Claims involving employment law are exceptionally complex, but an attorney can guide you through every step of the process and aggressively advocate for your best interests. Let an experienced employment lawyer from Nilges Draher LLC in Ohio protect your rights and explain your legal options. Our legal professionals can put experience and resources to work for you. Contact us today for a free and confidential consultation.

If you are someone who works in the construction industry, it’s reasonable to expect your employer to pay you for all the time that you work. But what about the time it takes you to travel from company headquarters to a job site and back? Or what if you’re driving to and from multiple construction sites throughout the workday? Do you get paid for the time it takes to travel to these locations? There can be a lot of confusion when it comes to paid travel time for construction workers, both by employers and employees, which may eventually result in a wage dispute. Here’s what you need to know. What qualifies as compensable travel time? According to the US Department of Labor: “Time spent by an employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and must be counted as hours worked.” Put differently, you should be paid for any travel time that’s within the scope of your work. For instance, if you are required to report to company headquarters before you travel to a work site, the time it takes you to get from one location to the other is considered time spent working. When an employer denies a worker pay for compensable travel time, the worker may consider pursuing a claim to recover unpaid wages or overtime. Other examples of paid travel time From a legal standpoint, your employer does not have to pay you for your commute from home to work and from work to home. That commute does not fall within the scope of your employment. Situations where you generally should be eligible for paid travel time include: Traveling during the workday. Again, your employer has to pay you for any travel time that takes place within your workday. For instance, if your shift ends at 5 p.m. on a job site but you're asked to travel back to company headquarters to unload equipment, you are traveling within the scope of your work. You should therefore be compensated for your travel time. Traveling from home to work in another city. If you are required to travel to a different location or work site in another city as a special one-day assignment and then return home the same day, you should be compensated for the time you spend traveling to and from the other city. This is the case as long as the assignment is outside of your normal work location. Traveling overnight. Any travel you do in the scope of your employment that keeps you away from home overnight is considered travel away from home. This type of travel can be considered compensable under certain circumstances. Under the Fair Labor Standards Act and the Ohio Minimum Fair Wage Standards Act, non-exempt employees are entitled to overtime pay if they work more than 40 hours in one work week. That includes time spent traveling during the workday. If you weren’t paid for the time that you spent traveling or you were denied overtime pay because your employer didn’t count the time you spent traveling for work, a wage law attorney can fight to help you recover the compensation you’re entitled to. You deserve to be paid for your work Companies can’t just pay construction workers for the time they spend on the job site and the job site only. If you have to travel from company headquarters to a work site and then from a work site back to company headquarters, that counts as time spent working. Unfortunately, there are a lot of construction workers who are owed thousands of dollars in unpaid travel time by their employers. Trying to recover that pay can be extraordinarily difficult due to the complex laws involving paid travel time. So, hiring an experienced attorney who knows how to handle your case is in your best interest. The dedicated legal team at Nilges Draher LLC has helped thousands of non-exempt employees recover unpaid travel time, including a $4.9 million settlement for construction workers who weren’t paid for traveling to work sites away from home that required an overnight stay. If you think you might have a case involving unpaid travel time, contact us right away for a free consultation. We have offices in Massillon, Cleveland, and Columbus. We proudly serve clients in Ohio and across the U.S.

Nobody should ever feel uncomfortable at work, but many employees dread going to work due to a hostile work environment. A hostile work environment occurs when one or more individuals behave in a manner that makes it difficult for other employees to work or excel at their jobs. The terms "hostile work environment" and "harassment" can be used interchangeably. That's because the majority of workplace harassment and discrimination cases tend to happen in hostile work environments. Harassment cases are often difficult to prove without solid evidence. In order to have a strong workplace harassment case, the harassment must have been: Serious and pervasive Unwelcomed Committed in a way that any reasonable person would find abusive It's important to understand that not all forms of workplace harassment are illegal. Harassment is illegal if it is based on a protected characteristic, such as race, age, gender, disability, pregnancy, ethnicity, religion, creed, sexual preference, or genetic information. Additionally, retaliation against an employee for filing a complaint of unlawful discrimination and/or harassment is illegal. What is an example of unlawful workplace discrimination and harassment? Let's say you're a female employee and you have been with the same employer for several years. You have a history of outstanding performance and have received positive reviews. Then, your company hires a new supervisor to oversee your department. He consistently makes derogatory comments about pregnant women and argues that they should not be in the workplace. A few months later, you become pregnant. Your supervisor begins excluding you from meetings, micromanaging your tasks and writing you up for petty things. Suddenly, you're given deadlines and goals that are impossible to meet. Your supervisor later terminates your position for failing to meet them. Your supervisor may not cite your pregnancy as a basis for terminating your position. Yet, it's evident from his prior behavior that he targeted you. Since Ohio is an "at-will employment" state, your supervisor doesn't have to state the real reason for your termination. If you can prove that you were discriminated against or terminated for asserting your rights, however, then you likely have a strong basis for a claim against your employer. Situations like this can apply to any employee under a protected characteristic. What to do if you believe you have been harassed, discriminated against at work Evidence is everything when building a case against your employer. Be sure to log each incident of harassment or discrimination. Describe it in detail and note the time, date and location where it occurred. If possible, you should also save all emails and office memos. If you notice that your work or workstation has been tampered with, be sure to take pictures or screenshots and save them as evidence. That's as long as your employer does not have a policy against taking pictures in the workplace. Start by reporting the incidents to your human resources (HR) department. Be sure to refer to any company policies regarding workplace discrimination and harassment and present the evidence you have gathered. Submit the report to HR in writing and keep a dated copy for yourself. This will create a record of the complaint. If the issue isn't resolved or you were terminated from your job, reach out to an attorney who can investigate. This includes interviewing witnesses and speaking to your company's HR department. The issue may also be resolved without your case going to trial. The Ohio attorneys at Nilges Draher LLC have a proven track record of fighting for victims of illegal harassment and discrimination. We can help you get compensated for your losses. We offer free and confidential case consultations in Ohio and across the United States. Contact us online or call us to discuss your legal options.

If you're an employee in the state of Ohio or anywhere else in the U.S., you may not be fully aware of your rights or the laws pertaining to paid and unpaid work breaks. By law, Ohio employers are not necessarily required to offer paid or unpaid breaks to employees. But most companies choose to offer breaks, and that means they must adhere to state and federal laws pertaining to paid and unpaid breaks. Federal and state laws pertaining to paid breaks According to the U.S. Department of Labor (DOL), paid breaks or "rest periods" are usually short (about 5-20 minutes). Compensable break time usually includes short bathroom breaks, snack breaks, and coffee breaks. When employees take these kinds of short rest breaks, they generally must be compensated during that time under federal law ( §785.18). If your employer asked you to clock out for a rest break that lasted 20 minutes or less, they may have violated the law. How unpaid lunch breaks work Most bona fide meal periods range from 30 minutes to an hour, depending on the number of hours worked in a daily shift. When you take an unpaid lunch break, that time is specifically yours. That means that you must be completely relieved of any work-related duties until your unpaid break time is over, under federal law ( §785.19). Your employer cannot interrupt your break or ask you to complete a work task during that time and still consider it an unpaid break. If your employer interrupts your 30-minute bona fide meal period (for example, by asking you to assist a customer while you are on break), then that must count as time worked and you must be paid for that time. Meal period requirements vary from state-to-state. Ohio law does not mandate breaks at all (but, again, employers that do offer breaks must adhere to the federal laws outlined above). There are 19 states that currently have required unpaid breaks. What are my rights if my employer violated the law? In many cases, employers violate the laws pertaining to paid and unpaid breaks to reduce their own costs or get as much labor out of their employees as possible. If breaks are offered under the terms and conditions of your employment, then your employer is required to comply with both state and federal law. If your employer failed to comply with the law, the wage law attorneys at Nilges Draher LLC can investigate and take necessary legal action. Our legal team will work tirelessly to help you get the compensation you're entitled to. We serve clients in Ohio and throughout the United States. Contact us online or call us for your free and confidential legal consultation.

Companies often have legitimate reasons for terminating employees’ positions. Sometimes, they have no reason at all. In fact, employment in most states is considered “at will,” which means that an employer can fire you for no reason at all. Sometimes, they do so for the illegal reasons. While proving it may be difficult, you and your employer may be aware of the real reason. The attorneys at Nilges Draher LLC explain. Illegal reasons to fire an employee These are the most common reasons why an employer may wrongfully terminate an employee’s position: The employee was a whistleblower. If the management of the company you work for engaged in discriminatory employment practices or illegal activity and you reported it, you may have legal protection if you are fired for doing so. Discrimination. An employer can’t fire you because of your age, race, gender, national origin, sexual orientation, pregnancy, religion, or disability, among other things. These are protected under federal and state law. Firing someone because they are a member of one of these protected classes is illegal. Taking protected medical leave. If you qualify for family and medical leave, your employer cannot fire you because you took medical leave, or to prevent you from taking medical leave. Sexual harassment. Sexual harassment is common in the workplace and often goes unreported. If you were a victim of sexual harassment, you have the right to speak up and not be penalized for doing so. It doesn’t matter who the perpetrator is. It could be another employee, manager, or supervisor. An employee asserted his or her rights to be paid fairly. If you are fired because you complained about your company engaging in unlawful pay practices, such as requiring you to work off the clock without pay, you may have a legal remedy for wrongful termination. What should I do if I was wrongfully terminated? Being fired from a job for no fault of your own can be a devastating experience. You may have trouble making ends meet and provide for your family while you’re unemployed. In addition, you may not be fully aware of your rights or certain where to turn. If you feel that you were wrongfully terminated from your job, it’s important that you discuss your case with an experienced Ohio employment law attorney at Nilges Draher LLC. Our legal team will launch a thorough investigation into the events that led to your termination. We may find proof that your employer treated you poorly before terminating your position. This may include interfering with your performance, harassment, passing you up on a promotion, discrediting your work or purposely excluding you from a meeting or company event. Our attorneys will fight to help you recover the damages accrued from your wrongful termination. We’re located in Cleveland, but we serve clients throughout Ohio. Contact us to schedule your free and confidential case consultation.

During the COVID-19 pandemic, some employers appear to be shortchanging their workers on wages, according to an article in The Columbus Dispatch. Labor advocates worry that wage disputes are on the rise as the pandemic batters the economy. Faced with a loss of profits and desperate to save money, some employers are illegally keeping wages away from their workers. What is wage theft and how common is it? If you’ve been asked to do unpaid work or you were only paid for a portion of your labor, your employer is stealing money from you. Common forms of wage theft include: Failure to pay overtime Not giving a worker the last paycheck after they leave a job Failing to pay for all the hours worked Paying less than minimum wage Paying nothing to workers for their labor Wage theft appears to be rising during the pandemic, but it’s difficult to track, according to the Dispatch. Data is lacking. In a paper published by the Washington Center for Equitable Growth, Rutgers University’s Center for Innovation in Worker Organization (CIWO) concluded that low-wage workers face an elevated risk of wage theft during times of high unemployment. Researchers found a strong link between wage theft and unemployment rates during the Great Recession of 2008. The problem is likely to be worse during the pandemic, according to the study. No single entity tracks wage disputes, which are handled through government agencies, courts or private settlements. Which types of workers are affected by wage theft? Any type of worker could end up in a dispute with an employer over wages, but wage theft is more common in some occupations than in others. Many disputes involve bartenders and restaurant wait staff.  Some servers might not realize the restaurant must make up the difference if a worker’s tips and base pay doesn’t equal at least the minimum wage. A few common ways businesses cheat workers out of their wages include but are not limited to: Misclassifying a worker as an independent contractor Giving workers manager titles and denying them overtime pay Requiring workers to come in before their shift to do pre-shift work What to do if an employer is engaging in wage theft? During the pandemic, many people who are working might say to themselves that they’re lucky to have a job. If they suspect their employer is cheating them out of the wages they deserve, they might be reluctant to speak out. They might worry about getting fired and losing health insurance at a time when new coronavirus cases are rising. As experienced labor attorneys, we know that wage theft and overtime violations are underreported because employees are concerned about the repercussions of speaking out. It’s also hard to know what qualifies as a violation and what doesn’t. You have rights and shouldn’t suffer silently. By working with an experienced attorney at Nilges Draher LLC, you can fight back and hold your employer accountable. We serve clients in Ohio and throughout the United States. If you suspect you’ve been shortchanged on wages during the COVID-19 pandemic, contact Nilges Draher LLC today for a free consultation.