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Learn more about unpaid wage & hour matters through our blog. Call (513) 202-0710.

Employment Issues

Are student athletes considered to be employees?

The National Collegiate Athletic Association recently received preliminary approval of its $2.8 billion settlement House v. NCAA, which represents a seminal moment in the ongoing debate about compensating student-athletes.

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Employment Issues

Rolling Back Worker’s Rights – Kentucky shortens the statute of limitations on employment claims

This summer, the Kentucky legislature enacted a law to roll back worker protections and protect employers from claims of wage theft by reducing the statute of limitations for claims for employment violations. The new law became effective in July 2024, so Kentucky employees should be aware that any wage claims under Kentucky law are now subject to the shortened timeframe for filing.

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Employment Issues

New Final Rule takes effect extending overtime protections for 3.6 million low-paid salaried workers

The Department of Labor has implemented a new final rule to prevent employers from skirting the FLSA’s overtime protections by classifying low-paid salaried employees as “exempt” from overtime by classifying them as executive, administrative or professional employees (referred to as the “EAP” or “white-collar” exemption). This is welcome news to workers who worked side-by-side with hourly employees but were denied premium pay for hours worked over forty in a given workweek due to an outdated loophole.

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Employment Issues

Federal Trade Commission bans noncompete clauses for employees.

On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule ( https://www.ftc.gov/system/files/ftc_gov/pdf/noncompete-rule.pdf ) that bans noncompete agreements. The FTC issued this new rule to promote competition and protect the fundamental freedom of workers to change jobs.

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Employment Issues

American or not, you’re entitled to America’s Employment Protections

Migrants, immigrants and undocumented workers are often targeted by companies seeking to exploit cheap labor. While it is illegal for employers to hire undocumented workers, many do anyway and take advantage of these and other non-citizen workers. Abuses range from paying subminimum wages, failing to provide safe work environments. Employers should be cautioned – a number of laws provide protections to all workers alike.

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Employment Issues

Are employees entitled to be compensated for training time?

Under the Fair Labor Standards Act, the general rule is that an employer must pay an employee for all hours worked. This includes all time an employee must be on duty, must be on the employer’s premises, or must be at any other prescribed place of work.

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Employment Issues

Am I allowed to take time away from work due for family and medical reasons?

The Family and Medical Leave Act was enacted to ensure that eligible employees can enjoy unpaid job-protected leave for qualifying family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. In essence, FMLA leave is designed to prevent an eligible employee from experiencing a family or medical event and winding up without a job and without insurance. And, when an employee returns from FMLA leave, they must be restored to the same job that the employee held when the leave began, or to an equivalent job.

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Employment Issues

Should I sign an arbitration agreement?

More and more often employers are including arbitration agreements as part of each employee’s on-boarding paperwork. You may not think much about signing this type of agreement or even understand what this agreement means. However, these agreements could affect your ability to pursue any potential legal claims you have against the Company/your employer in the future.

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Delivery Drivers Employment Issues Firm News Vehicle Expenses

Over 100 employees join the lawsuit Nagel v. DFL Pizza, LLC.

In April of 2021, a pizza delivery driver at a Colorado Domino’s franchise filed a class action lawsuit against the company and its owners seeking to recover unreimbursed vehicle expenses. This lawsuit is referred to as Nagel v. DFL Pizza, LLC and is in the federal district court in Colorado .

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