Labor and Employment Law

I think my employer has discriminated against me by refusing me a promotion based on my gender and/or age and/or race and nationality.  What legal remedies may I have?

Both Ohio and U.S. law forbid employer discrimination based on race, color, religion, sex, national origin, disability, age, or ancestry with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment.

In Ohio, anti-discrimination laws are enforced by the Ohio Civil Rights Commission (OCRC).  At the federal level, the principal enforcement agency is the Equal Employment Opportunity Commission (EEOC).  Both agencies have websites containing summaries of the laws they enforce and procedures for starting the claims process.  See:

• Ohio                        
• Federal                        

How can I file an employment discrimination claim?

The Ohio Civil Rights Commission (OCRC) has jurisdiction over events that happen within the previous six months.  The Equal Employment Opportunity Commission (EEOC) has jurisdiction over events that happen within the previous 300 days.  An employment discrimination claim is called a “charge.”  Ordinarily, a charge must be filed with the EEOC within 180 days from the date of the alleged violation in order to protect your rights.  However, this deadline is extended to 300 days if the charge is also covered by a state anti-discrimination law, as is the case in Ohio.

The OCRC web site contains a Charge of Discrimination form that can be printed, completed, signed before a notary and submitted to the Commission.  If the charge is not resolved through a series of administrative steps, during which the employer can explain and defend its actions, you can petition the Court of Common Pleas (or in certain circumstances, the EEOC) for review. 

You may also file a charge with the EEOC in writing, by mail or in person, in accordance with procedures described on its web site.  If administrative steps similar to those in the state agency do not resolve the claim, a suit may be commenced in federal court.

I own a small business that is growing.  How can I learn about specific federal labor and employment laws that may apply to my business?

The Equal Employment Opportunity Commission (EEOC) generally administers federal antidiscrimination and civil rights laws.  Their terms and enforcement procedures are summarized on its website. The U.S. Department of Labor (DOL) administers other programs regulating wages, hours, fringe benefits, working conditions and safety.  Information on these programs and links to more detailed publications and specialized web sites can be found on the DOL website.

What guidelines related to employment issues does the Department of Labor offer me as a business owner?

The Department of Labor (DOL) has compliance assistance manuals and fact sheets available through their website, including the following:

• Employment Law Guide – Describes the DOL’s major laws covering issues including minimum wage, overtime, safety and health, pensions, family and medical leave and nondiscrimination.

• Wage and Hour Labor Standards Information for New Businesses – An overview of basic wage and hour information.

• Easy Retirement Solutions for Small Business – Help for small businesses wishing to start a retirement plan.

• OSHA Handbook for Small Businesses – Helps small businesses establish their own safety and health programs.

• Wage and Hour Compliance Assistance Fact Sheet – A two page summary of wage and hour laws and where to go for help.

• OSHA Compliance Assistance Fact Sheet – A fact sheet on the compliance assistance resources available from OSHA.

I don’t know what particular labor and employment laws apply to my small business.  Where should I start?

The Department of Labor (DOL) enforces more than 180 employment laws and regulations including specific laws that apply to a particular business depending on its number of employees, the nature of its business, and numerous other factors.  Their site contains a link to an E-tool called FirstStep Employment Law Advisor that helps new or growing businesses to determine which major laws apply to them.

Depending on its nature and the size of its work force, a new or growing small business could face compliance issues under some or all of the statutes listed in the DOL’s Labor Standards Information for New and Small Businesses, such as:

• Fair Labor Standards Act (FLSA)
  The FLSA requires that most employees in the United States be paid at least the federal minimum wage and time and one-half their regular rate for hours worked beyond 40 in a workweek.  The FLSA also includes youth employment and recordkeeping provisions.  The FLSA covers all workers who are engaged in or producing goods for interstate commerce or are employed in certain enterprises.
  
  
• Family and Medical Leave Act (FMLA)
  The FMLA requires employers of 50 or more employees (and all public agencies) to provide eligible employees up to 12 weeks of unpaid, job-protected leave each year for the birth and care of a newborn child, for placement with the employee of such child for adoption or foster care, or for the serious illness of the employee or of the employee’s child, spouse, or parent.
  
  
• Consumer Credit Protection Act (CCPA)
  The CCPA’s wage garnishment provisions limit the amount of an individual’s disposable income that may be legally garnished.  It also prohibits an employer from firing an employee whose pay is garnished for payment of any single debt.
  
  
• Youth Employment (Child Labor)
  The FLSA sets 14 years of age as the minimum age for employment.  It restricts hours of work and allowable occupations for 14 and 15 year olds.  It also bans employment in specified hazardous occupations for those under 18 years of age.  Special rules apply to minors employed in agriculture.
  
  
• Employee Polygraph Protection Act (EPPA)
  The EPPA limits private employers in the use of lie detector tests either for pre-employment screening of job applicants or for testing current employees during the course of employment.  Polygraph tests are permitted under limited circumstances and subject to certain restrictions.
  
  
• Davis-Bacon and Related Acts (DBRA)
  The DBRA require payment of prevailing wages and fringe benefits to laborers and mechanics employed by contractors and subcontractors engaged in federally financed and assisted construction projects.
  
  
• McNamara-O’Hare Service Contract Act (SCA)
  The SCA requires payment of prevailing wages and fringe benefits to service employees of contractors and subcontractors furnishing services to agencies of the U.S. Government.
  
  
• Immigration and Nationality Act (INA)
  Among other things, the INA provides for enforcement of employment conditions attested to by employers seeking to employ alien crewmembers to perform specified longshore activities at U.S. ports.

Our attorneys can help you determine what laws apply to your business and what steps you need to take to comply with the pertinent laws and regulations.  In addition to federal laws, a small business may have to comply with labor and employment laws enacted by the state(s) in which it does business.  Contact us to discuss your individual situation.