Article Posted in Employment Law
DOL Opinion Letter Clarifies When Supervisors Can Keep Tips And When They Cannot
DOL Opinion Letter Clarifies When Supervisors Can Keep Tips and When They Cannot The U.S. Department of Labor (DOL) recently issued Opinion Letter FLSA2026-13, providing important guidance for restaurants and other hospitality employers regarding supervisors, tip pools, and tip-sharing arrangements. The opinion letter reinforces a rule that often surprises employers: a supervisor generally cannot keep…
The 2023 Ohio Rules of Civil Procedure Changes Just Took Effect. What Did You Miss?
Effective July 1, 2023, amendments to the Ohio Rules of Civil Procedure address the use of technology in discovery and at trial. Specifically, the amended rules provide for electronic service of discovery, remote testimony at depositions, taking remote testimony at trial, and the conduct of bench trials remotely. They also add a prior obligation to confer…
Employment Law Takeaways from the Deshaun Watson Debacle
ICYMI, current Cleveland Browns quarterback Deshaun Watson faced 22 civil lawsuits filed against him by massage therapists who alleged that, while he was playing football for the Houston Texans, he sexually harassed and assaulted them. A Texas grand jury declined to indict him on criminal charges and he settled all but one of the lawsuits…
Should Law Schools teach ChatGPT?
ChatGPT is a pretrained, large language model that uses deep learning to recognize, summarize, translate, predict and generate text and other content. Since ChatGPT is pretrained on everything publicly available on the internet, it can generate text that looks and sounds like information available on the internet. ChatGPT generates convincing, conversational text. ChatGPT and other…
Unions can only Waive their Members’ right to file Suit against their Employer if the Waiver is Clear and Umistakable
Believe it or not, a union can waive its members’ right to take their employer to court for violating the members’ civil rights. Employee rights advocates, like Protecting Ohio’s Employees and the Ohio Employment Lawyers Association, oppose this practice. Nonetheless, some unions will agree to waive their members’ rights to jury trials in exchange for wages or other…
Ohio parents have a lot to think about when deciding whether and when to go back to work during the Coronavirus pandemic
As schools finish up over the next few weeks, and many businesses and daycare centers reopen, parents across Ohio will face difficult decisions about how or whether to return to work. Whether you’ve been working from home or laid off during the Coronavirus pandemic, the decision of whether to return to the workplace pushes on…
Coronavirus at Work – Safety, Pay and Unemployment Comp
Q My job requires I work with other people. I cannot always stay at least six feet away from them. Can I say something to about it my employer? A Yes. The National Labor Relations Act (NLRA) allows employees to engage in “concerted activity for mutual aid or protection,” which means they can ask management…
Bruce B. Elfvin Selected for The Best Lawyers in America 2020
Employment Law Partners is pleased to announce that Bruce B. Elfvin has been selected for inclusion in the 26th Edition of The Best Lawyers in America for 2020 in the following areas: Employment Law – Individuals Litigation – Labor and Employment Mr. Elfvin has been selected for inclusion in at least the last ten editions of The…
Whatever Happened to that $42,000,000 Employment Jury Verdict against Nationwide?
In November of 2012, a jury awarded Christine Lucarell $42 million for her claims that Nationwide Insurance Company fraudulently and in bad faith induced her to open a new insurance agency when it intended all along to terminate her once she generated a profitable book of business. For Ms. Lucarell, however, that was the end…
Sixth Circuit Affirms Public Employee’s Petition Not Protected under the First Amendment
In 1980, Glen Naghtin began working for the Montague Fire Department (“Montague”) until his termination in December 2011. Dennis Roesler was appointed as Chief of Montague in 1998. Montague authorized the construction of a new fire station in 2009. After that project began, Donald Roesler, the Chief’s brother and the Captain, began to express concerns…
