We previously discussed what to do if you lost your job due to a pandemic at the start of COVID-19. At the time, millions of people across the United States had lost their jobs due to business closures.

Some people have since returned to work, bringing the national unemployment rate down to a still-staggering 11.1 percent.

The pandemic led Ohio Governor Mike DeWine to issue a statewide stay-at-home order. This caused several “non-essential” businesses to shut down. In March of 2020, Ohio’s unemployment rate was 5.8 percent. By April, it rose to a whopping 17.6 percent.

As of June 2020, the latest data available from the Bureau of Labor Statistics, the unemployment rate in Ohio dropped down to 10.9 percent.

Here are the latest national unemployment statistics.

Details regarding benefits extension

Currently, Ohio residents who have not returned to work or found new employment are eligible for unemployment benefits amounting to half of their average weekly pay for up to 26 weeks. For those who exhaust their unemployment benefits, it may be possible to extend them, according to cleveland.com. For example, workers who first filed for unemployment benefits in mid-March can have their benefits extended until May of 2021.

Ohio’s unemployment rate exceeds eight percent. So, Ohio is one of 49 states that is eligible for federal funding and an unemployment extension.

Those who qualify for extended unemployment benefits will soon be notified by the Ohio Department of Job and Family Services.

“Although high unemployment rates are never welcome news, we are happy that we can offer this extra support for Ohioans who are unemployed through no fault of their own and who are having difficulty finding work,” said Kimberly Hall, the department’s director.

For more information regarding the extension of unemployment benefits in Ohio, visit the department’s website.

Challenges with filing for new unemployment claims

If you plan on filing for unemployment benefits in Ohio, be aware that your benefits may be placed on hold. Recently, around 270,000 unemployment claims were temporarily placed on hold while an investigation was conducted by the Ohio Department of Job and Family Services regarding fraudulent claims.

This hold on unemployment has hurt thousands of Ohio residents who are in need of the assistance. This also comes at a time when the financial assistance of $600 per week has come to an end.

How can I go about obtaining extended benefits?

Not sure how to get started with unemployment benefits or an extension of benefits? Get the right legal guidance from an experienced Ohio employment law attorney.

The legal team at Nilges Draher LLC is dedicated to serving workers throughout Ohio and nationwide. If you have lost your job due to the COVID-19 pandemic or are dealing with any other issues involving wages, work benefits, workplace harassment, wrongful termination, retaliation, or discrimination, contact us online. We offer free and confidential legal consultations.

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If you work, you deserve to earn every penny you’re entitled to. In far too many cases, however, workers are cheated out of money. This happens when employers break the law or put their own interests first.

Wage theft is an under-prosecuted crime that costs American workers billions of dollars each year. Employers who are found guilty of wage theft only face a penalty of $1,000 per incident, according to the Department of Labor.

Wage theft results in $17 billion loss

According to a 2017 study conducted by the Economic Policy Institute (EPI), roughly 2.4 million employees across ten of the nation’s largest states have lost $8 billion each year from employers paying less than the minimum wage. That’s only one form of wage theft.

The total loss since the national minimum wage was increased in 2017 amounted to roughly $17 billion. In addition, failure to pay the minimum wage was common in occupations such as farm work, commercial fishery, cannery, and positions that involve tipping.

Other forms of wage theft include:

• Not paying employees for work done while off the clock
• Having certain deductions withdrawn from a paycheck without consent
• Misclassifying workers as independent contractors when they qualify as employees

How employers take advantage of workers who don’t know their rights

Not all workers are aware of wage theft when it happens, nor are they aware of their rights. For this reason, employers who commit wage theft often get away with it.

“People of color, young workers, and immigrants have less bargaining power, historically speaking,” said David Cooper, a senior economic analyst at EPI. “Any time a worker doesn’t feel like they can speak up, they are more likely to be victimized.”

What can I do legally if I suspect wage theft?

In order to be able to take legal action against an employer for wage theft, you must first prove that wage theft occurred. If you receive a payroll check, it’s important that you to keep all pay stubs. Otherwise, keep a log of how much you are paid for your labor. Also, save copies of timesheets, and or keep a log of all hours worked (including those off the clock).

You should then reach out to an experienced Ohio wage law attorney. A lawyer can piece together the documentation you provide and launch an investigation into your employer. The legal team at Nilges Draher LLC can devise a legal strategy to help you get the compensation you are legally entitled to.

Contact us online to schedule your free consultation. We serve clients throughout Ohio and nationwide.

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Do you have a sick child, parent or spouse who needs you to care for them? Are you pregnant or did you recently give birth and need to stay home? Are you facing a serious health condition and can’t perform your job?

In any of these cases, you may qualify for medical leave. Employees in Ohio and throughout the country have a right to take up to 12 weeks of unpaid leave each year under the Family and Medical Leave Act, a law passed by Congress in 1993, if they meet certain conditions. If your employer refuses to let you take the time off or threatens to fire you or penalizes you, you may have grounds for a medical leave or FMLA claim.

Who is eligible for medical leave?

There are other requirements you should keep in mind if considering medical leave. You will need to have worked for your employer for at least 12 months and work for a company that employees at least 50 employees within 75 miles. In addition, you will need to have worked at least 1,250 hours for the company in the last 12 months prior to taking leave.

When you need an attorney for family medical leave

You have a right to take time off if you qualify for family and medical leave. Unfortunately, employers sometimes violate the law and deny the rights workers have under FMLA. They might retaliate against an employee for simply asking for time off. In some cases, they may fire an employee immediately or shortly after returning from leave. In other cases, they might treat an employee differently after requesting leave. These are signs that an employee’s rights might have been violated.

Don’t let your company push you around. You can level the playing field by hiring an experienced family medical leave lawyer.

If you feel your FMLA rights were violated or you have questions about family medical leave, contact Nilges Draher LLC today for a free consultation. Let us put our experience and resources to work for you.

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Work that is performed off the clock isn’t often compensated or accounted for on a weekly basis. Some employers will routinely work more than 40 hours per week in order to complete a slew of tasks. Many will not record it on their time-sheets or ask for overtime pay.

How often do employees work off the clock?

According to a 2016 Harris Poll survey, 81 percent of salaried employees in the U.S. said that they have worked off the clock at some point. About 29 percent said they have done it at least three times per week.

Many of the workers involved in the Harris Poll survey admitted that they would continue to work off the clock, even if their company policy didn’t allow them to do so.

Why would employees work off the clock?

Common reasons why employees work off the clock include:

• Setting up a worksite before a shift begins
• Breaking down a worksite or cleaning up after a shift ends
• Checking emails, completing paperwork, and attending meetings during off hours
• Pressure from management to meet deadlines
• Being asked to redo certain work
• Waiting for work that is not yet available
• Traveling as part of your job duties
• Undergoing training

Why should I get paid for working off the clock?

If you are eligible for overtime pay, you should never work off the clock unless you are getting paid for it. This is something you should discuss with your employer for two reasons:

• Working off the clock can be a liability for your employer.
• It’s illegal for your employer to require you to work off the clock if you’re eligible for overtime.
• It gives your employer a false sense of how long it takes to meet certain deadlines.

What should I do if I was pressured to work off the clock and didn’t get overtime?

You should never have to give up your free time without pay because your employer expects you to do so. If you give your time in exchange for pay, then it’s critical that you know your rights as a worker.

With the help of an experienced wage law attorney, you may be able to recover back pay for unpaid hours or overtime. You may be able to do this through an individual claim or a class or collective lawsuit if several other employees weren’t paid for working off the clock.

The legal team at Nilges Draher LLC can investigate your case and devise a legal strategy to help you get the compensation you are legally entitled to.

Contact us online to schedule your free consultation, or call us at (330) 470-4428. We serve clients throughout Ohio and nationwide.

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First and foremost, make every effort to keep you and others safe by maintaining social distancing, washing your hands frequently, and taking other safety precautions, including abiding by applicable quarantine orders.

The novel Coronavirus (COVID-19) is affecting the health and lives of millions of Americans, with that number expected to grow considerably. As a result of numerous and complex economic reasons, including stay-at-home orders imposed in Ohio and across the U.S., nearly all businesses are struggling to survive.

Part of that struggle, unfortunately, means millions of layoffs and furloughs, as predicted by MarketWatch last week. This trend will likely continue in the weeks and possibly months to come.

It is therefore not surprising that unemployment claims have been unprecedented, with joblessness expected to reach into the several millions.

In response to the crisis, the federal and Ohio governments have taken a number of steps over the last few weeks to help workers survive this treacherous time.

For example, Congress implemented a $2 trillion stimulus package providing for direct payments depending on your tax filing status, annual income, and number of children.

Individuals with annual adjusted gross incomes up to $75,00 will get a $1,200 payment. Those who earn more than $75,000 and less than $99,000 will receive less money. The reduction is $5 for every $100 of income over $75,000.

Married couples with a combined adjusted gross income under $150,000 should expected a $2,400 payment, with reduced payments for couples earning up to $198,000.

Those who filed as “head of household,” which usually means a single parent with kids, with an adjusted gross income of no more than $112,500, should expect a payment of $1,200, with reduced payments as income rises to $136,500.

Individuals, married couples, and heads of household within the above income limits are all eligible for additional $500 payments for each child under the age of 17.

Payments are expected to be direct deposited if the IRS has that information from your most recent filing. If they do not, your payment is expected to be mailed.

How can I get unemployment benefits if I lost my job?

There is no doubt that the stimulus will help millions of unemployed Americans, but it’s critical that those who are laid off from their jobs get the unemployment benefits they need as soon as possible to make ends meet.

During such trying times, it’s critical to get legal guidance as quickly as possible. That’s why it’s best to consult with an experienced employment lawyer to help understand the process to apply for employment benefits for job loss resulting from the pandemic.

In response to the COVID-19 pandemic, Ohio has loosened some of its unemployment requirements. And while the typical waiting period has largely been waived, the system is overburdened by such high demand. You should act promptly and with diligence.
For example, keep detailed notes of your attempts to call the unemployment department but are unable to get through. And take screenshots if the online filing system locks up or crashes. This may help if there’s a dispute as to your filing date.

Additional federal stimulus legislation also expands unemployment coverage, extending to workers that are not typically covered by Ohio unemployment laws. This stimulus effort is expected to provide at least an extra $600 of federal pandemic unemployment compensation per week on top of your qualified Ohio benefit.

The Cleveland employment attorneys at Nilges Draher LLC are offering free 15-minute unemployment consultations over the phone for workers who lost their jobs due to the COVID-19 crisis.

During the consultation, one of our attorneys will go over information about unemployment benefits, as well as benefits you may be eligible for under other federal relief efforts such as the Families First Coronavirus Response Act.

To get started, call us at 216-230-2955.

What is the Families First Coronavirus Response Act?

The Families First Coronavirus Response Act requires that certain employers and under certain conditions to provide workers with paid leave as follows:

• Two weeks of paid sick leave (up to 80 hours):
  • Workers will receive 100% of their regular rate of pay (up to $511 daily and $5,110 total) if they are:
    • Under quarantine pursuant to government order or doctor’s advice; or
    • Experiencing COVID-19 symptoms and seeking a medical diagnosis.
  • Workers will receive two-thirds of their regular rate of pay (up to $200 daily and $2,000 total) if they are:
    • Caring for an individual who is under quarantine;
    • Is experiencing any other substantially-similar condition specified by the U.S. Department of Health and Human Services; or
    • Caring for a child under the age of 18 due to school or daycare closures. These individuals are also eligible for an additional 10 weeks of paid leave (up to $200 daily and $12,000 total).

The provisions in the Families First Coronavirus Response Act is effective until December 31, 2020.

Our attorneys will help uphold your legal rights

The employment law attorneys at Nilges Draher LLC are committed to ensuring that Ohio workers are treated lawfully. If you have lost your job or didn’t receive overtime pay or wages you are entitled to, we can advocate on your behalf. We also handle cases involving illegal workplace discrimination, wrongful termination, and workplace harassment.

If you have any questions or need legal help, contact us online to schedule your free consultation or call us at 216-230-2955.

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CLEVELAND, OH (March 24, 2020) – The Cleveland employment law firm of Nilges Draher LLC is offering a free unemployment consultation for workers who have lost their jobs as a result of the economic fallout of the coronavirus crisis.

Attorney Hans Nilges said the firm is offering a free 15-minute phone consultation, during which an employment law attorney can provide workers with information about unemployment benefits, as well as benefits and protections they may be eligible for under the federal Families First Coronavirus Response Act.

“There’s a lot of uncertainty right now because of coronavirus and the effect that it has had on the economy,” Nilges said. “So we’re taking steps to make sure that people who have lost their jobs are aware of their rights and the benefits that are available to them.”

Nilges said in addition to providing an overview of unemployment and federal benefits, attorneys can also offer advice to workers who were not paid proper overtime and minimum wages by their former employers.

Workers can schedule their free unemployment consultation by calling 216-230-2955.

About Nilges Draher LLC

The employment law attorneys at Nilges Draher LLC fight for the rights of workers who have been wrongfully terminated, harassed or discriminated against at the workplace, denied medical leave or are owed wages. We have offices in Massillon, Cleveland and Columbus.

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Some employers throughout Ohio cheat workers by not paying fair or legal wages, making it difficult for working people to make ends meet. This is called wage theft and includes:

• Not paying overtime
• Refusing to give employees their last paychecks after resigning from their jobs
• Not paying for all hours worked
• Paying below the minimum wage
• Withholding a worker’s pay entirely

Hourly-based employment wage theft violates the Fair Labor Standards Act (FLSA). Under this act, employers must pay:

• The federal or state minimum wage
• Time and a half for all time that exceeds 40 hours per week

How wage theft hurts Ohio workers

Roughly 217,000 Ohio workers lose $600 million each year due to minimum-wage violations, according to the Economic Policy Institute. In Columbus alone, the U.S. Department of Labor (DOL) reported approximately 13,846 cases of wage theft by 620 employers from 2007 to 2016.

Between 2004 and 2018, approximately 371 Cleveland employers were investigated by the DOL for FLSA violations — 270 were found to have at least one violation. This amounted to a total of 6,417 counts of wage violations. Of those, these industries had the most confirmed DOL wage theft violations:

• Child daycare services — 32 violations
• Full-service restaurants — 22 violations
• Limited service or fast food restaurants — 19 violations
• In-home health care services — 11 violations
• Employment services or temp agencies — 9 violations

The Cleveland companies with the most DOL wage and hour violations between 2004 and 2018 included:

• Parking Solutions, Inc. (parking lots and garages) — 937 violations
• Nestle USA (misc. food) — 218 violations
• Royce Securities Services (security) — 175 violations
• Page Food Services (catering) — 163 violations
• Marc’s & Xpect Discounts (pharmacy and drugs) — 140 violations
• City of Cleveland (local police protection) — 119 violations
• Barrios Tacos (full-service restaurant) — 108 violations

How can I take action if I’m not paid fairly?

Wage theft affects Ohio workers across all industries and levels of experience. A lack of statewide enforcement may be the problem. Currently, there are only six wage-and-hour investigators in the state of Ohio that oversee the labor practices for more than 5.5 million employees. Since 2010, there has been a 24 percent reduction in funding for the Wage and Hour Bureau. We will likely continue to see more cases of workers being robbed of their hard-earned money as a result.

If you have experienced wage theft from your employer, you have the right to take legal action. The wage law attorneys at Nilges Draher LLC have a wealth of legal knowledge and experience representing people who have experienced wage theft.

We serve clients in Cleveland, Columbus, and Massillon, Ohio. To find out which legal options are available to you, contact us and schedule your free consultation with our legal team.

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Some employers may require new employees to enter into mandatory arbitration agreements, which prevent claims from being handled in court. Arbitration agreements also reduce many of the legal rights afforded to employees by federal law. Instead, workplace incidents are handled internally. By requiring employees to enter into mandatory arbitration agreements, employers may be able to avoid lawsuits relating to workplace discrimination, harassment, or retaliation.

The U.S. Equal Employment Opportunity Commission (EEOC) issued a policy statement in 1997 called Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment. The policy statement strongly opposed mandatory arbitration agreements in the workplace. It asserted that it “harms both the individual civil rights claimant and the public interest in eradicating discrimination. “

Does EEOC’s policy statement conflicts with federal law?

The EEOC concluded that arbitration agreements avert the enforcement of federal laws against workplace discrimination. They also prevent the courts from properly interpreting the laws and protecting workers. On December 17, 2019, the EEOC nullified its policy statement due to conflict with current arbitration laws.

In 2001, the U.S. Supreme Court ruled that employment arbitration was enforceable under the Federal Arbitration Act — which was signed into law by President Calvin Coolidge in 1925. The law allows businesses and organizations to privatize disputes involving discrimination.

The 2001 case — Circuit City Stores v. Adams, 532 U.S. 105 — involved an employee who was hired as a sales counselor for Circuit City. Under the company’s terms of employment, the employment application included a provision requiring that all disputes be settled internally by arbitration.

In 1997, the employee filed a workplace discrimination suit against Circuit City, citing California state employment law violations. Circuit City took matters to the Federal District Court. The Court found that the arbitration agreement between the employee and employer was outlined in the job application.

Do I still have legal options if I experienced workplace discrimination?

Despite rescinding its policy statement, the EEOC stated that they continue to be “fully available to employees as an avenue to assert EEO rights and to investigate in the public interest, regardless of whether the parties have entered into an enforceable arbitration agreement.”

Even if an employee enters into an arbitration agreement with an employer, he or she still has the right to bring incidents of discrimination to the attention of the EEOC. Furthermore, an arbitration agreement will not prevent legal action taken by the EEOC on behalf of the employee.

If you have experienced workplace discrimination due to race, gender, religion, age, ethnicity, or gender, it’s critical that you take legal action. If you’re seeking employment, the legal team at Nilges Draher LLC suggests reviewing all provisions on your job application. Even if you have entered into an arbitration agreement, you may still have legal options.

Contact our law firm to find out how we can help you. We offer free consultations. We also operate on a contingency fee basis, which means you don’t pay us unless we win your case.

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Traveling is an essential part of certain jobs and careers. While your employers are not required to pay for ordinary commutes to work, they must generally pay all non-exempt employees for any travel time within the scope of their employment.

Work-related travel often includes:

• Visiting customers and clients
• Making deliveries
• Attending meetings or other work-related events
• Visiting other company-owned locations
• Traveling to a worksite (this is common in construction)
• Traveling for sales purposes
• Long-distance or long-term business travel

Exempt employees vs. non-exempt employees

Non-exempt employees are workers who are entitled to federal minimum wage and overtime pay when they work more than 40 hours within a workweek. While Non-exempt employees are typically paid on an hourly basis, they are sometimes paid a salary. Exempt employees are not eligible for overtime and may not receive reimbursement for travel time if their employers choose not to pay it.

If you’re not sure whether you’re an exempt or non-exempt employee, it’s best to speak to your company’s human resources department.

Which type of travel must employers pay for?

If you are a non-exempt employee, your employer is required to pay for your work-related travel time under The Fair Labor Standards Act (FLSA) and the Ohio Minimum Fair Wage Standards Act. According to the U.S. Department of Labor, whether or not an employee must be paid for travel time depends on the type of travel. Here are some examples:

• Traveling between home and work. “Ordinary home to work travel” or commuting is not within the scope of your employment. There is no law requiring employers to pay non-exempt employees for this type of travel.
• Home to work travel in another city. Non-exempt employees may be compensated for travel time when traveling to a company location or worksite in another city. This must be a special “one-day” assignment outside of an employee’s normal work location.
• Traveling within the workday. Employers must pay you for any travel time that occurs within your workday. For example, if your workday starts at 9 a.m. and you clock in at that time, but you’re asked to travel to another job site, you are traveling within the scope of your employment.
• Overnight travel. Your employer typically must pay for your travel time if you travel long distance and must be away from home overnight.

What do I do if my travel time wasn’t compensated?

If you’re a non-exempt employee and you weren’t compensated for work-related travel, it’s important that you discuss your matter with an experienced Ohio wage law attorney. The legal team at Nilges Draher LLC has fought to recover unpaid travel time for thousands of non-exempt employees. This includes:

• Settlements of $4.9 million, $1 million, and $960,000 for construction workers who were not paid for long-distance travel that required an overnight stay.
• $1.5 million settlement for home health care workers who were not paid for travel time within the scope of their employment.

Our law firm is based in Northeast Ohio, but we serve clients across Ohio and the United States. To schedule your free and confidential case evaluation, contact us online or call us.

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Management in top U.S. corporations has become more diverse in recent years, with more women and people of color attaining positions that once seemed out of reach.

What is the driving factor behind these positive changes? It turns out that discrimination lawsuits – corporations being sued for bad and illegal behavior – have improved gender and racial equality in the workplace.

This conclusion came out of a study by Elizabeth Hirsh of the University of British Columbia and Youngjoo Cha of Indiana University. According to a Forbes article that summarizes the report, researchers looked at the verdicts and settlements of 171 lawsuits filed against publicly traded companies. The lawsuits were filed between 1997 and 2008. Their research found measurable gains in representation for women and people of color. They examined representation in management and found the following increases among different groups:

• White women: Representation increased from 18.7 percent to 21.8 percent
• Black men: Representation increased from 3 percent to 3.4 percent
• Black women: Representation increased from 2.1 percent to 2.3 percent

While the increase for black women and men appears small, the researchers noted it indicates gains of 10 percent for black women and 13 percent for black men because of their historically low representation in management.

Why are corporations increasing diversity in management?

According to Forbes, corporations have made about $2 billion in lawsuit payouts since 2000. That number may even be larger because of court agreements that keep settlement details private.

While it would be heartening to know that corporations were promoting diversity because it’s the right thing to do, researchers found that the corporate world simply responds to economic pressure. Lawsuits can hurt a company’s stock price and public image. When faced with negative news and a harmful impact on the bottom line, corporations reacted by hiring more diverse management teams.

The study illustrates that workplace discrimination lawsuits can be a force for positive change. As we tell our clients, suing a company sends a strong message that discrimination will not be tolerated. A company cannot discriminate based on:

• Age
• Disability
• Gender
• Race
• Religious beliefs
• National origin
• Sexual orientation
• Pregnancy

What to do if you’re facing discrimination

Federal, state and local employment laws offer protection against discrimination, but some employers continue to engage in discriminatory hiring practices. When accused of discrimination, they often deny any wrongdoing. You may get passed over for a promotion, fired or demoted because of your gender or race, but companies will never admit they did anything unlawful. It’s understandable that you’re feeling frustrated, especially when you realize the company has hired lawyers to protect their interests.

You can level the playing field when you have an experienced attorney in your corner. Contact Nilges Draher LLC today for a free consultation if you’ve faced discrimination in the workplace. We can put our extensive experience and resources to work for you.

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