Labor & Employment Lawyer
Know your Labor & Employment rights and protect them if they are violated! The various laws governing our jobs and careers are extremely important and touch nearly everyone in society, whether you are presently working or formerly employed. Therefore, it is important to obtain quality representation when matters arise that can affect your livelihood. At Minnillo & Jenkins, we have skilled, determined and caring attorneys prepared to assist you during what can be a very stressful and trying time. Minnillo & Jenkins works with our clients to navigate what can often be a confusing maze of overlapping state and federal law to identify and pursue potential claims arising out of the employment relationship.
Attorneys who practice in this area: Christian A. Jenkins, Robb S. Stokar
- Lay Offs and Terminations
- Family and Medical Leave
- Overtime Pay & Minimum Wage
- Noncompete Agreements
- Civil Rights and Constitutional Litigation
- Whistleblower Claims
- Collective Bargaining and Grievance Arbitration
- Pension & Health Benefits
- Returning Veterans
Discrimination and Wrongful Termination: Federal and state law prohibit employers from discriminatorily selecting employees for layoff on a variety of bases, including race, gender, disability, color, national origin, religion, pregnancy or in retaliation for opposing such discrimination or participating in a discrimination proceeding. An employee who believes he or she was selected for lay off on an unlawful, discriminatory or retaliatory basis may bring a claim under state and/or federal law in a variety agencies and courts. For more information, go to: http://www.eeoc.gov or http://www.crc.ohio.gov.
Discrimination: (Race, age, gender, disability, religion and national origin)
A number of federal statutes make it unlawful for employers to discriminate against employees with respect to the terms and conditions of employment on the basis of race (Title VII of the Civil Rights Act of 1964), age (the Age Discrimination in Employment Act), gender (Title VII), disability (the Americans with Disabilities Act and the Rehabilitation Act), religion (Title VII) or national origin (Title VII). There are also state laws making such conduct unlawful. Discrimination claims often involve agencies such as the Equal Employment Opportunities Commission or the Ohio Civil Rights Commission before proceeding in court. We have experience handling all manner of discrimination claims before state and federal courts and agencies. For more information about federal anti-discrimination laws, go to http://www.eeoc.gov.
Family and Medical Leave:
Under federal law, mid-sized and larger employers must provide qualifying employees with up to 12 weeks of unpaid leave for the birth or adoption of a child or for a serious health condition of the employee or specified members of the employee’s family. Disputes often arise about whether an employee is entitled to leave as well as the employee’s right to return to his or her position. For more information about the FMLA, visit: http://www.dol.gov/whd/fmla/
For most employees, a federal statute (the Fair Labor Standards Act or “FLSA”)) mandates overtime pay (i.e., time and one-half pay) for all hours worked in excess of 40 hours per work week. However, the law provides a variety of exemptions from the overtime pay requirements for salaried employees who fulfill the specific requirements established by federal law, such as “professionals,” “administrators,” “executives” and “outside salespeople” to name a few. Whether or not an employer is entitled to an exemption or is properly computing the amount of overtime pay is often the subject of dispute. The federal regulations applying the FLSA are extensive and can be confusing. You can read more here:http://www.dol.gov/whd/overtime_pay.htm If you think your employer has failed to follow the FLSA, do not wait to seek legal assistance. Generally speaking, you can recover amounts that you were improperly denied for two, and in some cases three, years prior to the date you sue. So don’t delay.
Many employers utilize noncompete agreements to try to limit an employee’s activity after the employment relationship ends. Depending upon the circumstances in which such an agreement is implemented and its terms, such agreements may or may not be enforceable. If you are leaving a position or considering a separation agreement that includes a non-compete provision, it is important to carefully analyze the circumstances before making a move. In addition, many agreements include confidentiality provisions that can be used by former employers to try to attempt to limit an individual’s future employment possibilities. There is a great deal of litigation over these issues, so it is highly recommended that you obtain good legal advice about your rights and obligations if you are subject to such an agreement.
Civil Rights Issues and Constitutional Litigation:
Questions concerning the application and violation of rights and privileges guaranteed by the Constitution arise in many contexts. Most often we are consulted with respect to disputes stemming from employment with a government department or agency. Of course, issues of constitutional dimension also arise in other areas such as police misconduct, use of excessive force, business regulation and free speech to name just a few.
Ohio and the federal government have enacted statutes to protect employees who raise concerns about violations of law or issues of public safety from retaliation. The protection afforded by these laws is limited to specific circumstances and in many cases must be invoked by reporting concerns in writing in a relatively short time. Accordingly, employees with such concerns should seek counsel to ensure they protect their rights.
Collective Bargaining and Grievance Arbitration:
Employees covered by collective bargaining agreements are often entitled to file and pursue grievances for violations of the contract. In such cases, unions are obligated to fulfill their “duty of fair representation” to covered employees. Different laws apply depending on the circumstances. For example, in Ohio, public sector employees are often required to proceed before the State Employment Relations Board (SERB); whereas private sector employees and their organizations are governed by the National Labor Relations Board.
National Labor Relations Board
State Employment Relations Board