In another example of how easy it is for an employee to get to trial on a claim for unpaid overtime, in Moran v. Al Basit LLC, 14-2335 (6th Cir. 2015), the Sixth Circuit Court of Appeals this week reversed a district court decision granting summary judgment for the employer on a former employee’s
Wage & Hour
Hiring seasonal workers during the summer
One issue that comes up for many employers in the summer is hiring seasonal workers. Hiring temporary seasonal employees presents some substantial legal traps for the unwary. Employers should assess their seasonal hiring practices to ensure compliance with various state and federal laws. In other posts, we advised you on the issues in hiring interns…
Is Ohio’s Minimum Wage On the Rise?
Based on a constitutional amendment in 2006, every year Ohio’s minimum wage is increased based on considerations such as cost of living. As of January 1, 2015, Ohio’s minimum wage raised to $8.10. However, this rate increase is not considered sufficient by some State Senators. All 10 members of the Ohio Senate Democratic Caucus co-sponsored…
Employment Law Proposals Highlight State of the Union Address
In last night’s State of the Union Address, President Obama reemphasized that employment and labor reform are at the forefront of his current agenda. He urged lawmakers to pass laws regarding the following:
- Equal pay law for women;
- Higher federal minimum wage;
- Government-mandated 7 days of paid sick leave per year.
As we have previously…
Appellate Court throws exemptions to minimum wage laws in Ohio out the window
A divided Montgomery County Court of Appeals has determined that the Ohio minimum wage statute unconstitutionally restricted the definition of “employee” in the Ohio constitution and declared the law invalid, thereby eliminating exemptions to Ohio’s minimum wage laws.
John Haight and Christopher Pence were employed as advertising salespeople for Cheap Escape Company dba JB Dollar…
Secretary of Labor announces proposed rules for minimum wage for federal contractors
The Secretary of Labor announced proposed regulations raising the minimum wage for workers on federal contracts to $10.10 per hour. This new requirement applies to: (1) construction contracts covered by the Davis-Bacon Act (but not those covered only by the Davis-Bacon Related Acts); (2) procurement and nonprocurement contracts exceeding $2,500 covered by the Service Contract…
Recent decision provides a useful reminder that FLSA exemptions are still “narrowly construed” against the employer
Although we’ve noticed that the U.S. Supreme Court may be taking a more practical approach to interpreting the sometimes-impractical Fair Labor Standards Act, a recent Sixth Circuit decision reminds us that FLSA exemptions are still strictly interpreted by the courts. In Bacon v. Eaton Corp., a group of “front line” supervisors sued their employer…
What employers need to know about employee time off for Primary Elections (and new 50-state survey)
Election day will soon be upon us. Employers often have questions about voting leave—who is entitled to it; what they are required to provide; whether the leave must be paid; and what they are permitted and prohibited from doing on election day.
What voting leave is an employer required to provide?
Ohio employers must give…
Daylight $avings $tart$ $unday. $pring Forward and Pay Employee$ Correctly
Most states, including Ohio, participate in Daylight Savings Time. This means that this Sunday, March 9, 2014, Daylight Savings Time begins, and we spring forward and push the clocks forward one hour at 2:00 a.m. Daylight Savings Time runs from the second Sunday of March to the first Sunday of November.
So, what does this mean for employers? Well, the key concern for employers is how the change impacts hourly (non-exempt) employees who work during the time change, e.g., the graveyard shift?
Continue Reading Daylight $avings $tart$ $unday. $pring Forward and Pay Employee$ Correctly
President Obama Signs Executive Order Requiring $10.10 Minimum Wage for Federal Contractors
As we reported was likely to occur, President Obama signed an Executive Order yesterday requiring federal contractors to pay their employees at least $10.10 per hour beginning January 1, 2015. The minimum wage only applies to new federal contracts and contracts renewed by the federal government after January 1, 2015. However, the Executive Order states that “for all new contracts . . . negotiated between the date of this order and the effective date . . . , agencies are strongly encouraged to take all steps that are reasonable and legally permissible to ensure that individuals working pursuant to those contracts . . . are paid an hourly wage of at least $10.10.”…
Continue Reading President Obama Signs Executive Order Requiring $10.10 Minimum Wage for Federal Contractors