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To meet the legal definition of harassment, an action must be severe or pervasive enough to create a hostile working environment. Therefore, employees in Ohio and elsewhere might not have a case against their employer even if they are the victim of lewd comments or sexual innuendo. However, lewd or sexually suggestive comments could be...

The Age Discrimination in Employment Act of 1967 (the "ADEA") prohibits discrimination against older workers, including employment practices that have a disparate impact on older workers. In Kleber v. Carefusion Corporation, No. 17-1206, the Seventh Circuit Court of Appeals emphasized that these protections extend to applicants as well as existing employees. In Kleber, a 58-year old attorney applied...

For many workers in Ohio, facing racial discrimination and other types of civil rights violations on the job can be an all too common reality even when working for large employers. For example, the major retail chain, Target, recently agreed to a $3.7 million settlement after a lawsuit that alleged that its process of criminal...

Earlier this week, our firm filed a collective action lawsuit for unpaid overtime on behalf of a former Huntington Bank call center employee. The complaint alleges that Huntington failed to pay its call center employees for time spent booting up computers and logging into phone systems. If you worked for Huntington as a call center...

The Americans with Disabilities Act ("ADA") limits an employer's ability to make disability-related inquiries or require medical examinations. During employment, employers "shall not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature and severity of the disability, unless...

The Fair Labor Standards Act ("FLSA") requires employers to pay non-exempt employees time and a half for all hours worked over 40 per work week. Most call center employees qualify for overtime pay. Call center employees may be required to perform "off the clock" work, resulting in unpaid overtime for these employees. This "off the...

For far too long the prevailing theory behind paying women less than men was that men had wives and children at home for whom they were the sole financial support. This provided employers with a rationalization for paying women less by assuming they were simply making "extra" money and not solely responsible for the support...

Some Ohio pro football fans may have heard that a former cheerleader for the New Orleans Saints has filed a complaint with the Equal Employment Opportunity Commission. The woman, who was fired because of an unproven allegation that she attended the same party as a football player and a photo she posted to Instagram, is...

The Fair Labor Standards Act requires that employers pay an overtime premium to most employees for all hours worked in excess of 40 per workweek. This applies to all non-exempt employees, even if they are paid a salary, day-rate, piece-rate or commission. Thus, never assume that you are not entitled to overtime because you are not paid...

Employment Litigation Practice Group Leader, Chris Lalak, recently appeared as a guest on Cleveland NPR radio program The Sound of Ideas to discuss employment law issues related to March Madness. If you missed the live March 15 broadcast on Cleveland NPR Affiliate WCPN and the Ohio News Network, video and audio of the program can be...