In order to graduate from the FBI Academy, new agent trainees are required to pass a gender-normed Physical Fitness Test (PFT). The PFT contains four individual tests: sit-ups, a 300-meter run, push-ups, and a 1.5 mile run. Each trainee must receive a cumulative score of twelve points with at least one point in each of the four events. The times or numbers needed to achieve a point differ for males and females. For example, in the push-up test, male trainees must complete thirty push-ups when female trainees must only complete fourteen push-ups in order to achieve one point. [Read more…] about FBI’s 30 Push-Up Requirement Discriminates Against Men
Employment Law
Employees Should Know The FMLA Provides Equitable Remedies
Cincinnati area employees may be entitled to various forms of relief if their FMLA rights are violated. Even if you do not suffer lost wages, you could be entitled to other forms of relief for the damages you do suffer. The Eleventh Circuit Court of Appeals recently reminded employers they cannot prevent a violation by paying an employee while they are on FMLA leave. [Read more…] about Employees Should Know The FMLA Provides Equitable Remedies
Court Expands Employer Liability For Sexual Harassment
A Federal Court of Appeals recently expanded employer liability for sexual discrimination by finding an employer may be liable when a co-worker’s discriminatory ill-will causes an employee’s termination. If this decision is adopted by local courts, employees may receive greater protection from sexual harassment at work. [Read more…] about Court Expands Employer Liability For Sexual Harassment
Deductions For Missed Time May Mean That You Are Not Really A Salaried Employee
If you have been designated as an exempt employee, meaning you are paid on a salary basis and do not receive overtime compensation for hours worked in excess of 40 hours, you are entitled to your full pay for any given week, even if you miss some time. Many employers want to have their cake and eat it too: they are more than happy to make you work more than 40 hours in a week without paying you any more than your set weekly salary, but as soon as you miss some time, they don’t think paying you for a full week is fair. If your employer deducts pay when you miss time, you may not be exempt from overtime compensation after all, and you may be eligible to receive a substantial amount of unpaid overtime compensation. [Read more…] about Deductions For Missed Time May Mean That You Are Not Really A Salaried Employee
Disability Discrimination In Ohio: EEOC Gets Results
Under the Americans With Disabilities Act (ADA), as amended, (or in the case of federal employees, the Rehabilitation Act, as amended) employers subject to the law are prohibited from discriminating against any applicants or employees who have disabilities. The ADA covers all aspects of employment, to include pay, hiring and firing, and much more. Most Cincinnati employment lawyers are aware of the fact that the law also protects employees from being retaliated against by the employer when they seek to have their rights enforced.
[Read more…] about Disability Discrimination In Ohio: EEOC Gets Results
Retaliation: A Brief Overview
In general, retaliation in the workplace can involve any adverse action taken by an employer against an employee who has made a complaint with respect to harassment, discrimination, or other violations of employment law. Your Cincinnati employment lawyer knows employers are not permitted to impede or discourage employees from taking part in any investigations related to such issues, no matter whether the investigation is conducted by a governmental entity or an in-house investigation team. Employment retaliation consists of three components: a protected activity, a covered employee, and an adverse action. [Read more…] about Retaliation: A Brief Overview
Department Of Labor Sues Virginia Contractor For Ohio Employment Violations
Through a recent investigation, the Wage and Hour Division of the U.S. Department of Labor (USDOL) has determined a Virginia-based contractor has violated not only certain Ohio employment laws, but also the Fair Labor Standards Act (FLSA), the Contract Work Hours and Safety Standards Act (CWHSSA), and the Davis-Bacon and Related Acts (DBRA) by failing to pay 11 workers a little over $50,000 in prevailing wages, minimum wages, and overtime and fringe benefits. The contractor, The CFP Group, Inc. had workers modifying and installing sprinkler and fire alarm systems at a Columbus, Ohio courthouse between the months of October 2012 and September 2013. [Read more…] about Department Of Labor Sues Virginia Contractor For Ohio Employment Violations
Wrongful Termination in Ohio: Grounds, Remedies, and Damages
Many states throughout the U.S. are “at-will” employment states, including Ohio. For employers and employees, this means the employer can discharge or use disciplinary actions against an employee for practically any reason whenever they wish. In fact, the employer doesn’t even need a reason to terminate an employee. Only certain individuals, such as those who work for the government or those who work under employment contracts and/or belong to a union with a collective bargaining agreement are not deemed to be “at-will”. This being said, your Ohio wrongful termination attorney will tell you that even as an at-will employee, an individual might still be able to bring a wrongful termination action against an employer. [Read more…] about Wrongful Termination in Ohio: Grounds, Remedies, and Damages
Avoiding Employee Lawsuits
Contrary to what some might think, many business owners, regardless of the size of their businesses, are interested in not only monitoring their bottom lines, but also in keeping their employees happy as they work to keep their businesses thriving. However, besides the dollar signs, a business owner should also be concerned with avoiding employee lawsuits. Most Cincinnati employment lawyers know being able to resolve employer/employee disputes without litigation is advantageous for everyone involved. There are several things employers should do to avoid the courtroom and focus on the success of the business.
Ohio’s Wage And Hours Laws
In today’s economy, many Ohio workers are simply glad to have some level of income, regardless of its size. However, it is important for workers to realize they have certain rights under the law with respect to how much they are paid for hours worked. Just about any Ohio employment lawyer will tell you individuals who are paid on an hourly basis have a right to be paid for each and every hour worked, and requests to have employees work “off the clock” violate the law.
Ohio has very specific laws with regard to minimum wage, and some employees may not realize there are also certain rules specific to overtime, breaks/meals, and leave (if leave benefits are offered by the employer).