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Fair Labor Standards Act Archives

Ohio Minimum Wage Increase for 2014

Effective January 1, 2014, Ohio's minimum wage is increasing 10 cents to $7.95 per hour. The minimum hourly wage for non-tipped employees is linked to inflation under a state constitutional amendment Ohio voters approved in 2006. The minimum wage uses the Consumer Price Index to adjust for inflation, as tracked from August to August every 12 months. Ohio was one of 13 states that raised its minimum wage at the start of the new year.

When Do Employers Have To Give Me My Final Paycheck and What Can I Do To Get What I'm Owed?

Unfortunately for employees, Ohio has no direct statute requiring an employer to immediately pay an employee in full upon being terminated. Rather, Ohio has a statute that required employers that pay employees on a semi-monthly basis to make full payment for wages earned on the first and fifteenth of each month.

Department of Labor Issued Fair Labor Standards Act Final Rule

On September 17, 2013, the United States Department of Labor's Wage and Hour Division announced a final rule expanding the Fair Labor Standards Act's minimum wage and overtime protections to direct care workers who provide essential home care assistance to elderly people and people with illnesses, injuries, or disabilities. The final rule is effective January 1, 2015. The rule extends coverage of the minimum wage and overtime requirements to home health aides, personal care aides, and certified nursing assistants. Many employees and employers in the home health care industry will have questions regarding the appropriate implementation of the rule's requirements. Issues involving whether payment is necessary for rest breaks, meal time, or travel time are some of the concerns that can be addressed with competent labor and employment counsel.

Acting General Counsel Includes Front Pay in NLRB Settlements

Acting General Counsel of the National Labor Relations Board (NLRB) Lafe E. Solomon issued Memorandum GC 13-02 on January 9, 2013 modifying existing Board policy to now permit Agency settlements to include front pay. The memorandum confirmed the long standing favoritism of Agency settlements towards reinstatement; however, it acknowledged that parties and discriminatees routinely negotiate a waiver of reinstatement in return for a monetary amount.

Ohio Raises Minimum Wage to $7.85

Effective January 1, 2013, the new minimum wage in Ohio rose 15 cents to $7.85 per hour. The minimum hourly wage for non-tipped employees is linked to inflation under a state constitutional amendment Ohio voters approved in 2006. The minimum wage uses the Consumer Price Index to adjust for inflation, as tracked from August to August every 12 months. Ohio was one of 10 states that raised its minimum wage at the start of the new year between 10 and 35 cents, modestly boosting the incomes of nearly 1 million low-paid workers. 

Employer's shifting explanations may evidence discrimination

The Sixth Circuit's age discrimination decision in Gaglioti v. Levin group, Inc., Sixth Circuit Case No. 11-3744 (Dec. 13, 2012), held shifting explanations for discharging an employee may constitute evidence of age discrimination.  Joseph Gaglioti worked in the employer's accounting department.  After ten months of employment, he was fired.  The employer initially reasoned that Gaglioti was fired because his temporary employment had ended.  But after Gaglioti filed suit and alleged that his employer fired him by considering his age, the employer argued that he was terminated due to poor performance.  The district court concluded that Gaglioti established a prima facie of age discrimination, but granted summary judgment in favor of the employer when it found that the employer presented a legitimate non-discriminatory reason for its discharge decision and Gaglioti failed to present any evidence that the decision was pretextual.

Unpaid Summer "Interns" May Expose Employers to Liability

The summer is a time when many students turn to a summer internship to further their career aspirations.  Many employers turn to an unpaid internship program in an effort to both allow students to gain valuable "real world" experience and permit employers to evaluate potential candidates for future positions.  However, even though they are attempting to help students, employers must be cautious that this attempt to help someone does not expose them to liability under the Fair Labor Standards Act (FLSA) or Ohio Minimum Wage law. 

Lady Gaga's Touring Company Subject to Fair Labor Standards Act

Large employers are not the only ones subject to the reach of the Fair Labor Standards Act (FLSA).  Jennifer L. O'Neill, former assistant to Lady Gaga, has filed a Complaint against Mermaid Touring Inc. in the United States District Court for the Southern District of New York alleging violations of the FLSA and New York State Labor Law (NYSLL). 

Travel time under the FLSA: How do I pay my employees for work-related trips?

This is a tricky question, because it depends on how your employee is "classified" under the Fair Labor Standards Act ("FLSA"). Under the FLSA, there are two types of employees: exempt and non-exempt. On the one hand, exempt employees are compensated through a salary and must meet certain criteria to qualify for such a classification. Employers do not need to compensate these employees above their normal pay for travel time.

Fair Labor Standards Act (FLSA) Retaliation

Recently, the Supreme Court interpreted the complaint provision of the Fair Labor Standards Act (FLSA), which deals with minimum wage and overtime. 29 U.S.C. § 201 et seq. In Kasten v. Saint-Gobain Perf. Plastics Corp., the Court addressed the phrase "filed any complaint" and determined that this included oral, as well as written, complaints.

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