Supreme Court to Weigh In On LGBTQ Employment Cases
The United States Supreme Court will finally weigh in on some important employment law issues that have divided the appellate courts for years. It also recently decided a class arbitration case with employment ramifications. Does Title VII of the Civil Rights Act Apply to LGBTQ Employees? Title VII prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. In recent years, the Supreme Court had declined calls to decide whether the “because of sex” language applies to discrimination based on sexual orientation and gender identity. But, the Court recently announced it will decide two cases alleging discrimination based on sexual orientation and one based on gender identity. In Zarda v. Altitude Express, the Second Circuit Court of Appeals held that Title VII does prohibit discrimination based on sexual orientation. However, in Bostock [...]
DOL’s Proposed Rule to Expand Overtime Eligibility
On March 7, 2019, the Department of Labor announced a proposed rule that would expand overtime eligibility for a million more employees. Currently, employees with a salary below $455 per week ($23,660 annually) must be paid overtime if they work in excess of 40 hours in a week. The new proposed rule would now encompass employees with a salary below $679 per week ($35,308 per year). Unlike the 2016 rule, which set a formula for the overtime threshold to rise automatically with inflation, the proposed rule directs DOL to update the threshold at its discretion every four years. The proposed rule would also permit employers to use nondiscretionary bonuses and incentive payments (including commissions) that are paid annually or more frequently to satisfy up to 10% of the salary threshold. This proposed rule will not change overtime protections for police [...]
FDAR Attorneys Secure Defense Verdict in Federal Court
FDAR attorneys, Daniel Downey and Melanie Williamson secured a defense verdict in federal court in the United States Northern District of Ohio for a deputy sheriff involved in a fatal officer-involved shooting. The jury found that the Richland County Sheriff’s deputy represented by FDAR did not violate the Plaintiff’s constitutional rights. This case stemmed from the Richland County Sheriff’s Office response to a 911 call on the evening of March 16, 2014. On this date, the decedent physically attacked his wife and mother. He fled law enforcement evading arrest only to appear at the home of his parents brandishing an object he claimed was a firearm. The decedent pointed what appeared to be a gun from under his shirt directly at the responding deputies. The deputies engaged with the decedent trying to get him to calm down and surrender his [...]
FDAR Attorneys Prevail in Federal Jury Trial
FDAR attorneys, Daniel Downey and Melanie Williamson, secured a defense verdict in federal court in the United States Southern District of Ohio following a six-day jury trial. The jury found that the Delaware County Sheriff’s deputies represented by FDAR did not violate the Plaintiff’s constitutional rights. The case stemmed from events that took place on September 30, 2015 when deputies from the Delaware County Sheriff’s Office responded to a call alleging death threats had been made by one neighbor against another. After investigating, the deputies determined that there was probable cause to charge the individual involved; however, the individual was no longer at the scene. Further complicating the situation, this individual had made prior threats toward law enforcement and was a CCW holder. When a deputy engaged this individual to effectuate an arrest his lawful commands were ignored and the [...]
Ohio Public Employees Pursue Post-Janus Claims Against Unions
Two cases have been filed in the U.S. District Court in Columbus seeking to challenge union’s collections of dues and fair share fees in light of the U.S. Supreme Court’s decision in Janus v. AFSCME. Both these cases are filed by attorneys for the National Right to Work Legal Defense Foundation and asks the court to certify the cases as class action lawsuits. If the court agrees that class actions are proper, the cases would address all similarly situated public employees in Ohio. The first case is Ogle v. OCSEA and involves state of Ohio employees. In this case, plaintiff seeks damages for violations of their First Amendment rights. The plaintiff is asking for damages based on fair share fees he, and others similarly situated, were required to pay under collective bargaining agreements prior to the Supreme Court’s Janus decision. [...]