FDAR Attorneys Prevail in Federal Jury Trial
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 April 15, 2016, when deputies from the Licking County Sheriff’s Office responded to a call regarding a possible overdose. After the individual was cleared, the deputies left the scene. About five minutes later, the deputies were dispatched back to the residence to respond to a domestic situation regarding an individual who was acting disorderly. Upon arrival, deputies investigated the scene and spoke with the individual who became belligerent and began cursing at the officers. While deputies were assessing the situation, the deputies determined that the [...]
DOL Issues Long-Awaited Overtime Rule Update
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 highly compensated employees also may be exempt from the Fair Labor Standards Act (FLSA). The highly compensated employee threshold will increase from $100,000 to $107,432. Additionally, this new rule allows employers to count non-discretionary bonuses and incentive payments (including commissions) towards meeting the salary level. This is the first update to salary thresholds since 2004. This new rule will make 1.3 million American workers eligible for overtime pay. The rule is currently awaiting final publication in the Federal Register and is set to take effect [...]
Fair Labor Standards Act – Which Employees are Exempt from Coverage?
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: employees must be compensated on a salary or fee basis of at least $23,660.00 annually which must include at least $455.00 per week. The specific exemptions are very fact-specific and must be certain job duties tests. You can find out more about these exemptions by clicking here.
Ohio Supreme Court Addresses Public Policy Wrongful Discharge Claim
In Miracle v. Ohio Dept. of Veterans Servs. the Ohio Supreme Court held there is no clear public policy provided in R.C. 124.27(B) and 124.56 that would allow a civil-service employee, terminated during their probationary period, to assert a tort claim for wrongful-discharge. The Ohio Department of Veterans Services hired Miracle on a probationary period on February 2015. During this period, Miracle was given a performance review where he received ratings of “meets expectations” or “exceeds expectations” in every category. However, Miracle was terminated during his probationary period after a senior advisor to John Kasich, Jai Chabria, learned of Miracle’s adverse employment history. Miracle was terminated by his previous employer for failing to secure tools that resulted in an inmate escaping a corrections facility, and then falsifying records afterwards. Jai Chabria believed this history would generate negative press and directed [...]
U.S. Supreme Court Clarifies EEOC Filing Requirements
Recently, the United States Supreme Court issued a decision concerning a procedural requirement for plaintiffs filing discrimination claims in federal court. This case relates to discrimination claims based on sex, race, religion and national origin filed under Title VII of the Civil Rights Act of 1964 as well as disability discrimination cases under the Americans with Disabilities Act and age discrimination under the Age Discrimination in Employment Act. Normally, a plaintiff must file a charge of discrimination with the Equal Employment Opportunity Commission before filing a lawsuit in federal court. In the case of Fort Bend County v. Davis, 2019 U.S. LEXIS 3891 the Court unanimously held that this procedural requirement is not jurisdictional, meaning an employer must raise an individual’s failure to file an EEOC charge early in the lawsuit or risk waiving this argument. This decision does not [...]