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Women in Ohio and across the country run the risk of facing workplace discrimination whether they work at a small business or at a major corporation. In one prominent example, a group of former female employees of Nike sued the sports gear manufacturer, accusing it of promoting an environment of systematic discrimination against women on the job. Specifically, the women's lawsuit accuses Nike of discriminating against female workers in terms of promotions, pay and employment conditions. The women are seeking class-action status for their lawsuit. Charges of discrimination at Nike first received widespread notice in March when a group of women at the company presented the results of a survey about women's experience in the workplace to the CEO. Following the results, which alleged widespread pay discrimination and other severe issues, the company's CEO announced a leadership restructuring that included the termination of 11 executives. In addition, 7,000 workers at Nike were given raises after an internal review of gender discrimination and other pay disparities at the company. The company said that it had failed to live up to its obligations to promote and hire women and that many women felt a lack of respect and denial of opportunities. In the interim, the women who filed the lawsuit said that they were deprived of opportunities to advance their careers, including enhanced salaries, bonuses and stock options. They said that they complained to the company's human resources department about discrimination but were ignored or dismissed; they are seeking compensation for lost pay and other damages. Despite the rise of the #MeToo movement and the spotlight on sexual harassment and gender discrimination at work, women continue to suffer from these abuses on the job. Women who have been discriminated against at work may consult an employment lawyer to take legal action and seek justice for unlawful treatment.

Employees of Coca-Cola Refreshments USA Inc. filed charges against their employer alleging that the company did not provide appropriate accommodations for employees who return from disability-related absences. Not only did Coke Refreshments agree to compensate the employees, it has agreed to update its accommodations policies and procedures as well as provide financial support to entities dedicated to helping individuals with disabilities find and keep employment. The company is also planning to establish a dedicated accommodation and leave team to provide assistance to employees. The EEOC and Coke Refreshments were able to reach the agreement through conciliation, which is attempted before the EEOC files a lawsuit. Representatives for the EEOC commended Coke Refreshments for setting an example for other employers to follow and for making the agreement public. The terms of most agreements with the EEOC are kept confidential. Employers are required under federal law to provide reasonable accommodation to an employee with a disability, unless doing so would cause a significant difficulty or expense for the employer. Additionally, employees cannot be discriminated against when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. The EEOC reports it is also illegal to harass an employee or application because he or she has a disability. Harassment can include offensive remarks that are so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment action. If you believe you have been the victim of discrimination or harassment related to a disability, contact our office at 330-470-4428 for a free consultation. For more information about disability discrimination, click here.

Earlier this month, members of the Nilges Draher staff donated blood as part of our Community Outreach Initiative. In addition, Nilges Draher will be donating $1 for every new like on our Facebook page during the month of August. The American Red Cross does more than blood donations, however. They also help with disaster relief and military families, provide international services and various trainings and certifications. Disaster Relief The American Red Cross provides many services during natural and other disasters. They provide overnight shelters, emergency supplies, health and mental health contacts, meals and snacks, volunteers and employees to help where necessary, and emergency response vehicles. The American Red Cross launched a campaign in 2014 aimed at the prevention of house fires. Since its inception, they have installed over 1.4 million smoke alarms in over 590,000 households. Blood Donations "Every two seconds someone in the U.S. needs blood. It is essential for surgeries, cancer treatment, chronic illnesses, and traumatic injuries. Whether a patient receives whole blood, red cells, platelets or plasma, this lifesaving care starts with one person making a generous donation." One blood donation can save up to 3 lives. You can find out more about blood donations through the Red Cross by clicking here. International Services Red Cross has over 17 million volunteers in nearly 200 countries. They deliver aid during emergencies such as earthquakes and droughts, but did you know they provide vaccines and help prepare neighborhoods for future disasters? The Red Cross has provided over 2 billion measles and rubella vaccines since 2001. Military Families The Red Cross offers support services to active military and veteran families. Volunteers provide home comforts and critical services on bases and in military hospitals around the world. The Red Cross offers courses including coping with deployment, pre-deployment preparedness and reconnection workshops. Training and Certifications In addition to all of the services they provide, the American Red Cross also offers training and certification classes in the following areas: first aid, CPR, AED, babysitting and caregiving, swimming, CNA (certified nursing assistant), and BLS (basic life support). It is clear that the Red Cross is a good source of information and services. They also have a blog with a wide range of topics from tailgating and back-to-school safety tips to blood donation and disaster relief. For more information about the Red Cross, check out their website here.

Employers in Ohio and around the country are prohibited from discriminating against older workers by the Age Discrimination in Employment Act of 1967, but labor advocates say that the landmark law's provisions have been weakened over time by the courts. A study conducted recently by the AARP reveals that the overwhelming majority of older Americans agree with these sentiments. The nonprofit group polled 3,900 Americans over the age of 45 who are either working or looking for work, and 9 out of 10 of them supported revising the ADEA. The AARP study also suggests that workplace age discrimination is alarmingly common. An overwhelming 90 percent of the respondents said that they felt this way, and 61 percent said that they had witnessed it themselves. Almost a third of the workers polled mentioned overhearing derogatory remarks about older workers, being denied promotions or important assignments because of their age, or being fired or laid off. However, the study also reveals that older workers rarely take action after being treated unfairly at work. Only 3 percent of the respondents said that they complained about age-based workplace discrimination to their managers or human resources department, but the answers to other survey questions suggest that this reluctance to step forward may be fear-based. One in five of the workers polled said that they feared losing their jobs in the year ahead. Workers who endure discrimination or harassment often remain silent because they fear being terminated or retaliated against in some other way. Attorneys with experience in this area will likely understand this hesitancy, and they may seek to overcome it by pointing out the severe sanctions that employers could face for taking adverse actions against workers who step forward when civil rights laws are violated. Source: Next Avenue, Age Discrimination by Employers Is Common, AARP Survey Says, Peter Gosselin, Aug. 9, 2018

On August 7, 2018, Missouri voters rejected a right-to-work law that the former governor signed in 2017. While laws vary from state-to-state, right-to-work laws generally ban provisions in collective bargaining agreements requiring employees to join a union or pay dues as a condition of employment. However, some state laws do require employees to pay certain union fees. The fee must be limited to the union's proven costs of collective bargaining activities. Right-to-work laws also cover employees with religious objections to supporting a union. Employees that choose not to join a workplace union can still be covered by union representation. Supporters of right-to-work laws argue the laws give workers the right to work without having to be part of a union. Opponents argue they invite "freeloaders" who weaken unions by reaping the benefits of representation without paying for them. Currently, over half of the states in the United States have adopted right-to-work laws. In the majority of the United States, employment is considered to be "at-will." Currently, the only state that is not considered to be "at-will" is Montana. Employees in at-will states can be terminated for any reason, except for those covered by discrimination laws, the ADA and other employment laws. At-will also allows employees to choose to leave a job at any time, for any or no reason, without legal recourse. Employers in at-will states generally disclose its at-will policy information in its employee handbook or other workplace policies and documents. Generally, those policies state the employment is "at will" or that an employee can be fired without cause or for any reason. However, most employers choose to fire for good cause. Collective bargaining agreements and high-level employment contracts generally contain a clause that employees can only be terminated for cause. This includes poor employee performance, employee misconduct, or economic necessity. There are, however, exceptions to the at-will presumption. One exception protects employees against adverse employment actions that violate a public interest such as refusing to perform an act that state law prohibits or reporting a violation of the law. Additionally, federal and state discrimination statutes prevent employers from making employment decisions based on race, color, religion, sex, national origin, disability or discrimination based on other factors. There are several other exceptions to the at-will presumption including implied contract, promissory estoppel, and more. You can find out more about at-will employment by visiting the National Conference of State Legislatures website or by clicking here.

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. The driver sued under the ADA through the Equal Employment Opportunity Commission. The court found the employee was discriminated against solely due to a disability. This type of discrimination was a violation of Title I of the Act, according to the court decision. In addition, the court found the CBA to be in violation of the act as a contract to violate the ADA. Thus, the court determined that the ADA superseded a written employment agreement, whether individual or collective in nature. To enforce the ruling, the court issued damages against the company and also issued an injunction to prohibit the company from enforcing that portion of the CBA. The injunction also bars the employer and union from using the clause in future CBAs. The ADA has been a powerful tool for workers with disabilities. As in the case here, a company cannot often contract away its protections for workers. For someone who has been a victim of discriminatory practices, a company policy is not the final word on the issue. Competent legal advice from an attorney experienced in ADA claims is an intelligent step to learn about rights under the Act.

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. Northeast Ohio is home to over 65 spray parks. For those that don't know, spray parks are basically a play ground full of different types of sprinklers. They are great for children of all ages because there is typically little to no standing water. Below is a list of where you can find local spray parks in Cuyahoga and Stark counties. Cuyahoga County Where: Mandel Jewish Community Center, 26001 S. Woodland Rd., Beachwood, OH 4412 What: Located at the Mandel Jewish Community Center. Includes a full-sized outdoor pool and a 600-square-foot water park-style spray-ground with seven different water features. When: Open daily from Memorial Day through Labor Day. Cost: Membership Required Where: Cleveland Public Square, 50 Public Square, Ste. 803, Cleveland, OH 44113 What: The water fountain is a popular new feature that encompasses about 18,600 square feet. The fountain includes a child-safe mirror pond and dozens of fountains which are lit at night by in-ground lighting. When: Open daily from Memorial Day through Labor Day Cost: FREE Where: Broadview Heights Splash Park, 9543 Broadview Rd., Broadview Heights, OH 44147 What: Approximately 3,000 square feet and includes many play features. Park also includes a playground, concession stand, restrooms, pavilion, and skate park. When: Open 10am-8pm daily from Memorial Day through Labor Day (The splash park will be closed on June 1, July 6, Aug. 3, and Sept. 7 to accommodate the summer concert series, and the Splashpark will be open at 2pm on June 29.) Cost: FREE Where: Anthony Zielinski Park, 7620 W. Ridgewood Dr., Parma, OH 44129 When: Daily from 11am-8pm from Memorial Day through Labor Day, and then on weekends only in September. (The splash pad will close at 5pm on June 18, June 25, July 2, July 9, and July 16 to accommodate set-up for our summer concert series.) Cost: FREE FREE Spray Basins & Spraygrounds in Cleveland What: Some playgrounds have spray basins, which are like giant water sprinklers. Other water features include pools, water slides, and water playgrounds. When: These are turned on in the summer when the temperature reaches 80 degrees. Cost: FREE Where: · Arthur Johnston Park - E. 147th & Seville Ave. · Carol McClendon Park - Union Ave. & E. 98th St., Cleveland, OH 44104 · Charles Orr Park - Ansel Rd. & Lamont Ave. · Crossburn Park - Sprecher Ave. (west of W. 130th) · Dove Park - Dove Ave. & E. 102nd St., Cleveland, OH 44105 · Easton Park - E. 88th & Easton Ave. · Emery Park - W. 130th St. & Interstate 71, Cleveland, OH 44135 · Fairview Park Sprayground - Franklin Blvd. & W. 38th St., Cleveland, OH 44113 · Gawron Park - Harvard Ave. E. & E. 136th St., Cleveland, OH 44105 · Grant Playground - Central Ave. & E. 38th St. Cleveland, OH 44115 · Grdina Park - St. Clair Ave. & E. 61st St., Cleveland, OH 44103 · Halloran Sprayground & Outdoor Pool - 3550 W. 117th St., Cleveland, OH 44111 · Herman Park - W. 60th & Herman Ave. · Irma Park - E. 74th St. & Irma Ave., Cleveland, OH 44105 · Loew Park Spray Park- 4741 W. 32nd St., Cleveland, OH 44109 · Mercedes Cotner Park - W. 95th St. & Maywood Ave., Cleveland, OH 44102 · R.J. Taylor Park - Nottingham Rd. & Melville Rd., Cleveland, OH 44110 · Regent Park Sprayground - E. 70th & Regent Ave. · Roberto Clemente - W. 38th St. & Seymour Ave., Cleveland, OH 44113 · Rockefeller Park - Martin Luther King Jr. Dr. & E. 105th St., Cleveland, OH 44106 · Scoutway / Moulton Park - E. 115th St. & Moulton Ave., Cleveland, OH 44106 · Trent Park - Trent Ave. & W. 40th St., Cleveland, OH 44109 Where: Cain Park Splash Pad, 14591 Superior Rd., Cleveland Heights, OH 44118 What: Preschoolers and children under 48 inches in height are permitted to use the Cain Park Splash Pad when accompanied by a parent/guardian/adult (18 & older) with a current Recreation ID Card. Adults need to present their Recreation ID Card to staff. The Cain Park Splash Pad will be closed during the 2017 Cain Park Arts Festival, July 7-9, 2017. When: Open June 10-August 27, 2017 Cost: FREE Where: Turtle Park Tot Lot, 2720 Euclid Heights Blvd., Cleveland Heights, OH 44106 What: New playground unit installed in the summer of 2017 for children ages 2-5. This includes a new swing set, seating and shade. When: Open June 10-August 27, 2017 Where: Indian Hills Spray Park, 1941 Sagamore Dr., Euclid, OH 44117 When: Open Monday-Friday from 12pm-6pm. Cost: Admission to Indian Hills Spray Park is free for all guests. Where: Quarry Park S., South Euclid, OH 44121 What: Splash Park at Quarry Park is great for the little kids. There is no fee for parents and adults supervising children at the Splash Park. When: Open June 2-September 3, 2018 (In September, Quarry will remain open when the weather and staffing permits); Open Monday-Friday from 10:30am-6pm, and Saturday/Sunday from noon-6pm Cost: Daily admission: $5 per South Euclid resident, $6 per non-resident guest: $6 (Non-residents can pay $6 but must be accompanied by a resident.); a Season Pass is also available: Splash Park Family Pass (up to 4): $35 ($5 for each additional family member after the first 4 passes) Where: Gemini Center Sprayground in Fairview Park, 21225 Lorain Rd., Fairview Park, OH 44126 What: Spray area, water features include bubblers, tippy buckets, misters and waterjets, dry playground area, concession stand, pavilion seating, and large shade umbrellas. Sprayground will not open if the temperature is below 70 degrees. Cost: Membership required Where: Morton Park Splash Pad, Morton Park, 22301 Morton Ave., Fairview Park, OH 44126 What: For residents only, free of charge. Please make sure to bring your ID for verification. Sprayground will not open if the temperature is below 70 degrees. When: Open Memorial Day through Labor Day, Cost: FREE for residents only Where: Brainard Park, 1840 Brainard Rd., Lyndhurst, OH 44124 When: Open daily from 10am-6pm beginning May 26-September 3, 2018 (Opens at 1pm on May 26, and open from noon-5pm on Sept. 3), Beginning August 22, the park will only be open on the weekends Cost: Season Swim Pass or Daily Admission Rates Where: Spray Fountain at Village Green Park, Columbia Rd. & Water St., Olmsted Falls, OH 44138 What: Families with young children especially enjoy the newly renovated playground and fountain. The park also has baseball fields, volleyball, horseshoes, and picnic tables. Cost: FREE Where: Sprayground at Richmond Heights Community Park, 27285 Highland Rd., Richmond Heights, OH 44143 When: Open daily Monday-Saturday from 1pm-7pm and Sunday from 1pm-5pm beginning June 3-August 13, 2018 Cost: Pool Passes are available for purchase in the Recreation Department beginning in May. Day Passes are available at the gate. Where: Thornton Park Splash Zone, 3301 Warrensville Center Rd., Shaker Heights, OH 44122 What: The pool area also includes a current channel, splash zone, two slides, diving boards, and a tot pool for children age six and under (accompanied by a supervising adult age 18 and over). When: Open Memorial Day weekend through Labor Day Cost: Admission rates apply Where: Crocker Park Lake Ridge Academy Splash Pad, 25 Main St., Westlake, OH 44145 When: Open Monday-Saturday from 10am-4pm & 7pm-10pm, and Sunday from 11am-4pm beginning May 28-September 3, 2018 Cost: FREE Stark County Where: Edward "Peel" Coleman Community Center, 1400 Sherrick Rd. SE, Canton, OH What: The spray park has two play areas and plastic playground fixtures shaped like football field uprights, a soccer ball, a baseball bat, a baseball glove, and a green circle. The park is surrounded by a fence. When: Open daily from 12pm-8pm beginning Memorial Day through Labor Day Cost: Free Where: Splashpad at Veterans Park in Plain Township, 1714 Schneider Street NE. Canton, Ohio 44721 What: Opened in 2018, the splash pad features many unique water features and is located next to the playground. When: Open daily from 11am-7pm beginning Memorial Day through Labor Day. Cost: FREE Where: Dogwood Park Pool & Sprayground, 365 Seventh St. NE, North Canton, OH 44720 What: The pool area features a spray park with dumping buckets, palm tree and spray arches for the young adventurer 8 years and under; and the main pool area consists of a 3-ft. depth walk in area that transitions to a standard 5-ft. pool with 50-yard lap lanes. There is also a twin 7-ft. side-by-side slide for the older children to enjoy. Admission rates apply. When: Open beginning May 26, 2018 through Labor Day Cost: Admission rates apply Where: Oak Knoll Wading Pool, 618 6th St. SW, Massillon, OH 44647 What: Oak Knoll Pool is designed for children ages 10 and under. The park also has a playground, picnic tables, and plenty of green space. Cost: FREE While there is a large number of splash parks in Cuyahoga County, several other counties in Northeast Ohio, such as Ashland, Geauga, and Lake counties, are home to splash parks. The Northeast Ohio Family Fun website has a comprehensive list of all of the splash parks in the area. Click here for more information.

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. The employee reported she worked longer than her normal shift and did not get paid based on the hours she worked or for overtime worked. The suit claims the T-Mobile location would "shave" time from employee time sheets to take them below 40 hours. This is the second time the company has been hit with a similar lawsuit in the last several years. A 2016 lawsuit alleged that the company forced employees to regularly work without pay or breaks. The suit, which was filed in Illinois, accused the company of forcing employees to work before they clocked in, after they clocked out and during their break. This matter was settled in May for $600,000. The current suit is alleging violations of New York labor law sections dealing with overtime, unpaid wages, and uniform costs. In addition to violating state laws, it is likely that T-Mobile violated portions of the Fair Labor and Standard Act (FLSA). The FLSA established minimum wage and overtime standards requiring that employees be paid one and a half times the regular rate for any time worked over 40 hours. If you believe your employer has withheld overtime wages, contact our office for a free consultation.

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. Consider taking a tour around the city and sample some local craft beers. The Cleveland Brew Bus started in March 2014 and is owned by Leslie Basalla-McCafferty and Brian McCafferty. They offer 9 different tours that visit 3 breweries. A tour costs $65 per person which covers transportation and 4 beer samples at each brewery. They also offer a "non-drinkers" ticket for $28 of those that are pregnant or prefer not to drink beer. Each tour includes a guided tasting, a Brewhouse tour at one or more breweries, transportation, and facts about Cleveland beer and breweries. Some of the featured breweries are Brick and Barrell, Great Lakes Brewing Company, Fat Heads Brewery, Bad Tom Smith, and many others. Perhaps you prefer to spend more time outside and maybe want to sneak in a little exercise. Cleveland Bike Tours offers a ride around Cleveland stopping at places like Cleveland Public Square, The Free Stamp and the Rock & Roll Hall of Fame. They also offer a tour of Ohio City with stops at West Side Market, Franklin Castle and St. Patrick's Church. Both tours are approximately 4.5 miles and last between 2 and 3 hours. You can purchase tickets for $40. If the weather is not the best, you could always visit the Great Lakes Science Center or the Greater Cleveland Aquarium. The Great Lakes Science Center offers several exhibits including "Tapescape-Sticky Science" and the NASA Glenn Visitor Center. The Great Lakes Science Center is also home to the MC2 STEM High School, a partnership with Cleveland Metropolitan School District. The school focuses on STEM education (science, technology, engineering, and math). MC2 STEM High School is in session year-round and students spend their days creating, exploring and discovering techniques scientists and engineers use. You can purchase tickets for a one-day trip or an annual membership. The Greater Cleveland Aquarium is a fairly new attraction to the Cleveland area. You can see animals native to Ohio Lakes and Rivers, the Indo-Pacific and Northern Pacific regions, as well as tropical fish and sharks! In addition to taking a tour of the aquarium, you can hold your child's birthday party there or attend one of the many other events they have planned. Like the Science Center, you can purchase daily tickets or annual memberships. You can find out more about the Great Lakes Science Center by clicking here and the Greater Cleveland Aquarium here. Cleveland is home to a variety of places to visit and events to attend. To find more information about exploring Cleveland and the surrounding areas, click here.

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. With a new school year comes the requests for the coolest bookbag, sneakers, and clothes. Luckily for those of us in Ohio, and several other states, the sales tax holiday is coming up soon. Ohio's sales tax holiday starts on Friday, August 3, 2018 at 12:00 AM and ends on Sunday, August 5, 2018 at 11:59 PM. During the holiday, clothing priced at $75 or less, school supplies priced at $20 or less, and school instructional material priced at $20 or less are all exempt from sales and use tax. According to the Ohio Department of Taxation, you can purchase multiple tax-exempt items in the same transaction, such as two shirts, two pairs of pants, and a jacket, as long as they all fall below the $75 limit. Items that qualify for clothing include shoes, pants, shirts, dresses, coats, gloves, hats, and several others. The list for items identified as "school supplies" is much stricter. School supplies include binders; book bags; calculators; cellophane tape; blackboard chalk; compasses; composition books; crayons; erasers; folders (expandable, pocket, plastic, and manila); glue, paste, and paste sticks; highlighters; index cards; index card boxes; legal pads; lunch boxes; markers; notebooks; paper; loose leaf ruled notebook paper, copy paper, graph paper, tracing paper, manila paper, colored paper, poster board, and construction paper; pencil boxes and other school supply boxes; pencil sharpeners; pencils; pens; protractors; rulers; scissors; and writing tablets. Additionally, instructional material included in the sales tax holiday is reference books, reference maps and globes, textbooks, and workbooks. Teachers, parents, and college students can same a fair amount of money if they purchase all of their clothing and supplies during this sales tax holiday. You can find more information about Ohio's sales tax holiday by clicking here. To lessen the cost of buying school supplies every year, Ohio Gov. John Kasich recently signed the sales tax holiday into law. The permanent sales tax holiday will occur on the first Friday, Saturday, and Sunday of August each year. It is also a good time of year to review some safety tips with your children, especially if this is their first year in school. Make sure your child(ren) knows their phone number, address, how to get in touch with their parents at work, how to get in touch with another trusted adult and how to dial 9-1-1. Teach children not to talk to strangers or accept rides from someone they don't know. Board the bus only after it has come to a complete stop and the driver or attendant has instructed you to get on. Only board your bus and never an alternate one. Always stay in clear view of the bus driver and never walk behind the bus. Nilges Draher would like to wish everyone a safe and happy school year!

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. The FLSA, which was signed into law by President Franklin Roosevelt, recently celebrated it's 80 th Anniversary. The FLSA was enacted in order to set minimum wage and overtime standards as well as help prevent child labor. The current federal minimum wage is $7.25 per hour; however, many states have their own minimum wage laws. The FLSA established that employees must be paid one and a half times the regular rate for any time worked over 40 hours. Every employer covered by the FLSA is required to keep certain records for each of its employees such as the employee's full name, identifying symbol or number, address, time and day of week when employee's workweek begins, total wages paid each pay period, and date of payment. An employer that violates the FLSA standards can be required to pay penalties and back pay. Continuous willful violations can be prosecuted criminally and can result in imprisonment. Nilges Draher has successfully recovered over $23 million in unpaid overtime and minimum wages since its inception in 2014. If you believe you are owed overtime, contact our office to schedule your free consultation.

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. What are the most common mistakes made by employers? Most employers make one or more of the following common errors when it comes to ADA accommodation requests: You do not have to say any "magic" words in order to get across your request. If your employer fails to understand that you made a request, it's not your fault. Your direct supervisor or manager should not be in charge of determining whether the accommodation is necessary or possible. Your employer should funnel all requests to one person who understands the ADA requirements. Your employer should respond to your request within a reasonable amount of time. Your employer cannot decide to quit evaluating your request and working with you to find the appropriate accommodation, just because it may be challenging. Your employer cannot decide to quit providing you with an accommodation because a solution is outside the box. If it is reasonable, your employer must do it, even if he or she has never done it before. Your employer may not realize that there may be an intersection between the Family and Medical Leave Act and the ADA in your situation. Once your employer makes an accommodation, the appropriate person should follow up with you to make sure that it works and allows you to perform your job duties. If it does not, then the process may need to begin again. One big mistake that your employer may make is either denying you a position or terminating you from your position, simply because you require an accommodation. If your employer fails to correct any of the above mistakes, you may be within your rights to file a complaint. If the company has not adequately resolved the situation, then you may need to take your complaint to the Equal Employment Opportunity Commission and/or the courts. Before doing so, it may be beneficial to gain an understanding of your legal options and rights.