Comprehensive Labor & Employment Law Services in Ohio

Under the Fair Labor Standards Act (FLSA), an exempt employee is one who meets specific criteria regarding their job duties and salary level. Generally, exempt employees include those in executive, administrative, professional, and certain computer-related roles who are paid on a salary basis and meet the minimum salary threshold. Exempt employees are not eligible for overtime pay, whereas non-exempt employees are entitled to overtime for hours worked beyond 40 in a workweek. The current salary threshold for exempt employees is $43,888. This threshold will increase to $58,656 on January 1, 2025.

Federal and Ohio law protect employees from discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 or older), disability, and genetic information (including family medical history). To establish a discrimination claim, an employee must show that they belong to a protected class, suffered an adverse employment action, were qualified for the position, and were treated less favorably than others outside the protected class or that a discriminatory motive existed.

The FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons, including the birth of a child, serious health conditions, or caring for an immediate family member with a serious health condition. Employees must have worked for the employer for at least 12 months and have at least 1,250 hours of service in the past 12 months to qualify.

Non-qualified deferred compensation plans allow employers to offer deferred compensation to select employees, providing a financial incentive to stay with the company long-term. These plans are often used to attract and retain high-level executives and key personnel by offering benefits that exceed qualified plan limits, aligning the employees’ interests with the company’s success.

While Ohio’s constitutional amendment legalizes marijuana, employers retain the right to enforce drug-free workplace policies. Employers can screen for marijuana use and take disciplinary action, including termination, if an employee violates these policies. It is important for employers to clearly communicate their substance abuse policies to employees to avoid legal complications.

Common defenses to discrimination claims include demonstrating that the employment action was based on legitimate, non-discriminatory reasons such as performance issues, economic necessity, or company policy violations. Employers may also show that they took reasonable steps to prevent and correct discriminatory behavior, and that the employee failed to take advantage of these measures.

Regularly maintaining, reviewing, and revising employee handbooks and policies ensures they remain compliant with current laws and regulations. It also helps clarify expectations, prevent misunderstandings, and protect the company from legal claims by providing clear guidelines on workplace conduct, procedures, and employee rights.

An independent contractor operates as a separate business entity, providing services under a contract, while an employee works under the employer’s control and direction. Misclassifying employees as independent contractors can lead to significant legal and financial penalties, including back taxes, fines, and liability for employment benefits and protections.

Employers should have a clear, written policy against harassment, provide regular training, and establish a process for reporting and investigating complaints. When a claim is made, employers must promptly and thoroughly investigate, take appropriate corrective action, and ensure no retaliation against the complainant. Documenting each step of the process is crucial for legal protection.

Under the ADA, employers must provide reasonable accommodations to qualified employees with disabilities unless it causes undue hardship. Employers should engage in an interactive process with the employee to identify suitable accommodations, document the process, and implement the agreed-upon adjustments. Common accommodations include modifying work schedules, adjusting job duties, or providing assistive devices.