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Although we as a society have made significant strides towards gender equality in the workplace, it would ignorant to believe that gender discrimination has been eradicated.Studies show that women still earn significantly less than their male counterparts, and that women are less likely to be hired, especially in certain fields of work.Fair Labor Standards Act (“FLSA”) requires that virtually every employee is paid according to the federally mandated minimum wage, currently set at .25 per hour (in Ohio the minimum wages has been raised to .10 through State legislation). The vast majority of Ohio employees are entitled to a minimum wage.This means that in Ohio, your employer must pay you, at minimum, .10 for every hour that you work.The biggest misconception that both employers and employees have is that any employee that is paid by salary is not entitled to overtime pay. In fact, a large number of the employees that are paid a salary are not exempt or don’t fall within the very specific exemptions spelled out in the FLSA.While being paid a salary is one of the criteria for falling under each of the exemptions, it is only one of many requirements.In order for the employment discrimination to be unlawful, there must be a specific and applicable law preventing the employer from discriminating on that basis.Under the overtime provision of the Fair Labor Standards Act (“FLSA”) and Ohio Fair Labor Standards Act most employees must be paid at a rate of one and one half times their regular rate of pay for any hours worked in excess of 40 hours in any given workweek.
Whether you refer to them as non-competition contract, covenants not to compete, or no-compete agreements, many employers are now making them a condition of getting a job.Unfortunately, since post-9/11 and recent attacks around the world, anti-immigrant atmosphere has become more widespread and prevalent in Cincinnati, Cleveland, Columbus, Toledo, Youngstown, and Dayton, and all cities and towns across Ohio, as well as across the United States.But, under Ohio Revised Code § 4112.02, Title VII of the Civil Rights Act of 1964, and the Civil Rights Act of 1866, it is illegal for any employer to discriminate against an employee because of the employee’s national origin or ethnic background. Paying workers less than minimum wage is wage theft.Some employment lawyers can tell you what the books say, but couldn’t find the Court, let alone litigate a sexual harassment case in front of jury.After successfully taking on many Fortune 500 companies, in 2013, Brian Spitz was recognized in Newsweek Magazine as one the 30 overall “Nationwide Top Attorneys.” Previously, in 2012, Brian Spitz was recognized in Newsweek Magazine as one of the Top 20 Leaders in Employment Law in the United States for 2012.