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.

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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:

1. 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.
2. 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.
3. 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.
4. 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.

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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:

1. 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).
2. You were qualified for the job and met the employer’s job performance expectations.
3. 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.
4. 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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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