On August 27th, 2019, five employees represented by the National Right to Work Group filed a class action lawsuit against the Ohio Civil Service Employees Association (“OSCEA”) AFSCME, Local 11, Governor Mike DeWine, and Mathew Damschroder, the director of the Ohio Department of Administrative Services. The complaint alleges that the plaintiffs’ First Amendment rights have [...]
Fishel Downey attorneys, Daniel Downey and Stephanie Schoolcraft, recently secured a favorable decision in favor of the Licking County Sheriff’s Office, from the Sixth Circuit Court of Appeals. This case arose after Licking County received a report of a drunk driver. After running the plate, the vehicle came back stolen by an allegedly “armed and [...]
In its September 10, 2019 Opinion letter, the Department of Labor (DOL) clarified employers are prohibited from delaying designating qualifying leave as FMLA leave, even if the delay complies with the leave provisions in the parties’ collective bargaining agreement (CBA) and the employee prefers that the designation be delayed. An employee requested the DOL’s opinion [...]
The Fair Labor Standards Act (FLSA) governs minimum wage and overtime requirements. One of the more complicated aspects of the FLSA is deciding which employees are exempt from its coverage. These employees fall under one of several exemptions: executive, administrative, professional, computer employee, and highly compensated employee exemption. Nearly all exemptions have a common requirement: [...]
Receiving a notice that someone has filed a charge of discrimination against your organization with the Equal Employment Opportunity Commission (EEOC) can be frightening. While many employers are familiar with the formal litigation process, an EEOC charge is different; there are different deadlines, different processes for submission of information, and a different timeline for [...]
