Experienced Employment Attorneys
Serving Businesses of all Sizes
Legal Services for Employers
- Defense of Discrimination Claims in All Courts and Administrative Agencies
- Employee Handbooks
- HR Training
- Employment Litigation
- Defense of Fair Labor Standards Act (FLSA) and State Law Class Actions
- Non-Compete and Non-Solicitation Enforcement & Defense
- Trade Secret Protection
- Wrongful Discharge Defense
- Employment Tax Strategy
- Executive & Professional Employment Agreements & Compensation
- Severance & Separation Agreements
- Stock & Equity Agreements
- Confidentiality, Non-Compete and Non-Solicitation Agreements
- Outside General Counsel Services as Needed on Day-to-Day Labor & Employment Issues
- Defense of National Labor Relations Board (NLRB) Charges and Litigation
- Collective Bargaining
- Counseling on Union Issues
- Union ElectionsTraditional Labor (Management Side
- Defense of National Labor Relations Board (NLRB) Charges and Litigation
- Review of Employment Policies and Practices
- Employment Audits
Defending Employers before DOL, EEOC and OSHA
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Common Mistakes New Businesses Make & How to Fix Them
Starting a new business? The U.S. Bureau of Labor Statistics indicates that 20% of new businesses fail in the first two years, and that 45% fail in the first five years. As daunting as those figures may seem, there are measures you can take to avoid having your new business become a negative statistic. Learn more about how a business can be in trouble, often before even opening its doors.
Labor & Employment
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The City of Columbus, Ohio, has enacted a new code conferring legal rights to gig workers, also known generally as freelance workers. Freelance workers now constitute almost forty percent of the national workforce. The increase in this gig economy is driven by both...
Fair Labor Standards Act (FLSA) Overview The Fair Labor Standards Act (FLSA) requires that all covered employers pay their employees compensation for hours worked over forty per week at one and a half times their regular rate of pay, unless exempt. Exemptions under...
The National Labor Relations Board (NLRB) has announced a new rule that will reduce the waiting time for workers to vote on whether to unionize. Following the NLRB decision in March 2023 to rescind four provisions of the 2019 Regulation from the Board’s Rules and...
– Rob Felber
PRESIDENT | FELBER PR & MARKETING
– Sudhir Achar
CEO | EOX VANTAGE
EMPLOYMENT LAW FREQUENTLY ASKED QUESTIONS:
What is the best way to deal with an employee who consistently underperforms in his job?
- Make sure that the employee fully understands your expectations, and that they have the skill, training and opportunity to succeed. If they require any training, provide it.
- Give them a reasonable opportunity to succeed, while you regularly monitor their performance and provide feedback (positive and negative).
- If the employee continues to fail, provide appropriate warning(s) and time to cure. If they improve to a level that meets your expectations, maintain the relationship. If not, terminate the employment relationship.
- Thoroughly document all of the above.
Non-Compete and Confidentiality Agreements
Are employee agreements not to compete with the employer enforceable in Ohio?
- Scope relates to what the employee will be prevented from doing. It should be closely related to their duties at the current job.
- Territory should conform to the geographic area in which the employee worked.
- Duration should be no longer than it should reasonably take the employer to place a new employee into the same territory and for the new employee to develop a relationship as the employer’s representative. Ohio courts are not likely to enforce a restriction that exceeds two years.
- Note that the judge who hears the case has the power to modify an over-reaching non-compete to one that is reasonable. Also note that the enforcement of a non-compete depends in part on the attitude of the judge to these kinds of cases.
Does an employee need to be paid for signing a confidentiality agreement?
- Confidentiality agreements need not have a fixed duration or territory. They can extend forever, if the information covered remains confidential, and can cover the universe.
- The definition of the items that are “confidential” is important. Items that become known to the public without disclosure by the employee are no longer deemed to be confidential.
Does an employee need to be paid for signing an agreement not to compete?
- Prior law provided that, unlike an agreement of confidentiality (see below) an employer must provide “something of value” to the employee in order for the non-compete agreement to be enforceable.“Something of value” (which lawyers refer to as “consideration”) could mean the decision to hire if the non-compete was signed at the inception of the employment relationship, or it could be a pay increase, a bonus, a promotion, etc.
- Recently, Ohio courts have concluded that the mere continuation of an at-will employment relationship would be sufficient consideration to make the non-compete enforceable.
Family and Medical Leave Act (FMLA)
What is the FMLA?
Are all employers and employees covered by the FMLA?
- An employer is covered by the FMLA if it employs 50 or more employees (part-time employees count) in 20 or more work weeks in the current or previous calendar year. An employee is considered to be employed each working day of the calendar week if the employee works any part of the week.
- An employee is eligible for FMLA benefits if the employee worked for the employer for at least twelve months and at least 1,250 hours during the prior twelve months.
What benefits does the FMLA provide to employees?
- Employees may take up to 12 weeks of unpaid leave during a particular 12-month period if one of the covered reasons apply. Covered reasons include birth or care of a child, to care for a child, spouse or parent with a serious health condition or to deal with the serious health condition of the employee.
- The FMLA gives an employee who has taken FMLA leave the right to reinstatement to his former position, or to an equivalent position, without loss of pay or benefits, when the employee returns to work at the end of the leave.
- During leave, the employee does not accrue employment benefits, such as vacation pay, sick pay, pension, etc. However, group health benefits must be maintained during the leave, and any employment benefits accrued by the employee up to the day on which the leave begins will not be lost as a result of taking a FMLA leave.
Does an employee have to take all of his FMLA leave at one time?
Fair Labor Standards Act (FLSA)
What is the Fair Labor Standards Act (FLSA)?
In what ways are exempt employees and non-exempt employees treated differently under the FLSA?
What workers are exempt from overtime?
What is a “reasonable accommodation” under the Americans with Disabilities Act?
What are my obligations to a disabled applicant during the hiring process?
What employment practices are covered under the Americans with Disabilities Act?
Who is and is not covered under Title VII of the Civil Rights Act?
What is the process after a Charge of Discrimination has been filed with the Equal Employment Opportunity Commission or a state equivalent?
If either the employee or the employer does not choose to engage in mediation, the EEOC or state administrative agency will continue its investigation, which may include the employer’s submission of Respondent’s Position Statement, a response to a request for information, witness interviews and/or on-site company visits. The investigation can potentially be extensive and is oftentimes rather lengthy. However, cooperation from the employer can help the administrative agency to promptly conclude its investigation.
Once the investigator has completed the investigation, the EEOC or state equivalent will make a determination as to the merits of the Charge. They may: (i) conclude that there is no reasonable cause to believe the discrimination occurred and issue a Dismissal and Notice of Rights letter to the employee, (ii) determine that there is reasonable cause to believe discrimination has occurred and invite the parties to join an informal resolution process called conciliation or (iii) if conciliation is unsuccessful, issue a Notice of Right to Sue letter to the employee.
If the employee receives a Dismissal and Notice of Rights letter or Notice of Right to Sue letter, he or she may file a lawsuit against the employer within 90 days of receipt.