Mowery Youell & Galeano, LTD is pleased to report a substantial favorable verdict by one of its attorneys on an age discrimination case previously reported in its September 10, 2012 blog. In Richard W. Warden v. Ohio Department of Natural Resources,...
PROTECTING YOUR RIGHTS IN THE WORKPLACE
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...
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...
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...
Agency’s Double-Dipping Prohibition Disparately Impacts Older Workers
The Ohio Court of Claims recently found policies prohibiting the hiring of candidates who were also receiving retirement benefits constituted Age Discrimination due to their disparate impact. In Warden v. Ohio Dept. of Natural Resources, 2012-Ohio-3854 (Ohio...
Court Rejects Age Discrimination Claim Based on University Policy
An Ohio Court rejected an employee's age discrimination claim based on a University policy rejecting the rehire of former retired employees. Dunaway v. University of Cincinnati, Court of Claims No. 2010-11137 (Jan. 20, 2012): Dunaway applied for employment as an...
Filing Age Discrimination Complaint within 90-day Rule
Loria Moore v. Department of Rehabilitation and Corrections (Franklin App. March 31, 2011), 2011-Ohio-1607: Moore worked as a correctional officer for Ohio Department Corrections. On January 9, 2007, she was discharged. On January 11, 2007, she filed a discrimination...
