Fishel Downey Albrecht & Riepenhoff LLP is proud to once again be named to the Best Law Firms List by U.S. News & World Report and Best Lawyers® for 2020. FDAR’s employment, labor and litigation practice areas achieved recognition. Firms included in The U.S. News-Best Lawyers® Best Law Firms list are recognized for professional excellence. [...]
FDAR attorneys, Daniel Downey and Angelica Jarmusz, secured a defense verdict in federal court in the United States Southern District of Ohio following a three-day jury trial. The jury found that the Licking County Sheriff’s deputies represented by FDAR did not violate the Plaintiff’s constitutional rights. The case stemmed from events that took place on [...]
The United States Supreme Court recently held that the statute of limitations for claims of fabricated evidence begins to run when the criminal proceeding against the plaintiff has terminated in his or her favor. The claim was brought under Section 1983 of Title 42 of the U.S. Code. This statute is part of the Civil [...]
On October 1st, House Bill 352 was introduced, which seeks to provide comprehensive reform of Ohio’s employment discrimination statute (Ohio Revised Code Chapter 4112). The bill also contains some employer-friendly changes which would simplify the defense of discrimination claims brought under the statute. Currently, employees can file a lawsuit under Ohio’s discrimination statute up to [...]
The Equal Employment Opportunity Commission (EEOC) has reached a settlement with Reliable Staffing, an Indianapolis staffing firm, resolving a charge of disability discrimination. The charge alleged the firm unlawfully made pre-offer medical inquiries to numerous job applicants. The EEOC alleged that Reliable Staffing used these medical inquiries to screen out applicants with disabilities. The EEOC [...]
Failing to compensate employees below the required overtime rate under the Fair Labor Standards Act (“FLSA”) is an unnecessary source of liability for employers. However, the topic is often overlooked due to the complexity and confusion surrounding what actually counts toward an employee’s regular rate, the base rate an employer must use when determining overtime [...]
On September 24, 2019, the U.S. Department of Labor announced a long-awaited final rule updating the earnings threshold workers need to meet to qualify for exemptions. The final rule raises the “standard salary level” from the current $22,660 annual salary ($455 per week) to $35,568 per year ($684 per week) for a full-time worker. Certain [...]
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 [...]
