Blog

Can An Administrative Law Judge Use Social Media as Evidence? Social media constantly evolves. Keeping up with social media developments can be a huge task. Lawmakers and attorneys have a responsibility, within reason, to keep up with these changes. They may impact existing laws and regulations. Some changes can even lead to the creation of new laws. We previously reported that Facebook posts could be used in an ALJ's decision on your Social Security Disability claim. However, the law continues to evolve. Now, there are some limitations on an ALJ's ability to use your social media as evidence. Updated Laws and Guidelines Recent guideline changes impact how ALJ's use social media in their rulings. The Social Security Administration guidelines state that, “adjudicators and hearing office staff must not use Internet sites and social media networks to obtain information about claimants to adjudicate cases.” This means that an Administrative Law Judge cannot use your social media as evidence against you. There are exceptions to the rule. These exceptions involve the Cooperative Disability Investigation Unit (CDIU). If a CDIU investigation finds social media content as appropriate evidence, it can be used by an ALJ in their decision-making. Your ALJ should not use your social media to directly rule against your SSDI claim unless approved to do so. Responsible Social Media Usage At the end of the day, however, social media posts can be more public than intended. You never know who is looking at your content, or when a post will come into question in a court of law. Take it from our Social Security Disability Attorney, Mindy Yocum:  "Never post anything on social media that you would not want read aloud in court!" If you are filing a Social Security Disability Insurance claim, and need guidance through the process, give us a call today.

Salaried Employees Can Be Either Exempt or Not Exempt There is a common misconception that “salaried” means “exempt” under the Fair Labor Standards Act (“FLSA”) or Ohio wage laws. While many exempt employees are salaried, not all salaried employees are exempt. This results in underpayment for employees who are entitled to at least minimum wages for all hours worked, and overtime pay for hours worked in excess of 40 in a workweek. Overtime for Non-Exempt Employees Overtime pay is calculated at a rate of one and a half an employee's "regular rate". If a non-exempt employee is hourly, then the regular rate is usually their hourly rate. If the non-exempt employee is salaried, the regular rate is their hours worked in a workweek divided by the amount of salary attributed to that workweek. The regular rate should also be used for purposes of calculating such things as non-discretionary bonuses or safety incentive payments. While a thorough consideration of all the facts may lead to the ultimate conclusion that your are indeed exempt, you should not automatically accept an “exempt” status simply because you are a salaried employee and/or because your employer says so. Salaried employees whose hourly pay per week ends up being less than the required $7.25/$8.70 should call us at 800-274-5297. Additionally, employees who work more than 40 hours in a workweek but do not receive an overtime can also reach out.  Remember, it is unlawful for an employer to retaliate against you for asking questions about your hours worked and wages paid, exercising your rights under the FLSA and/or Ohio wage and hour laws. Note that this is not the same “exemption” as used concerning your taxes. See for example Withholding Exemptions - Personal Exemptions - Form W-4 See for example DOL Fact Sheets 17a and 17g. This post was first published in 2017. The Ohio minimum wage was $8.10 at the time. Updates reflect the 2020 minimum wage in Ohio. (This Notice is for informational purposes. It is not legal advice). Originally published on June 14th, 2017

Call Center Employees Affected by Wage Theft In today's age of technology and convenience, customer service is often only a phone call or instant message away. With an increasing consumer demand for faster support and quicker turnaround times, it seems that more industries than ever have turned to call centers as a means to provide streamlined service to their customers. Call center employees are essential service providers for customers in need of guidance. Sadly, mistreatment is common. Unfortunately for Customer Service Representatives (“CSRs”), call centers are one of the most common places for companies to commit wage violations, These violations can be accidental or intentional, depending on the centers management. Under the Fair Labor Standards Act ("FLSA"), covered nonexempt employees are entitled to receive minimum wage for all hours worked, and overtime compensation at one and one-half times their regular rate of pay for all hours worked in excess of 40 in a workweek. Today, numerous call centers across a variety of business channels call central Ohio home, including Teleperformance, Call Management Resources, ContactUS Communications, and Total Quality Logistics all operate facilities in the Columbus area. Nationwide, Verizon, DISH, JPMorgan Chase, and Randstad also operate centers in the surrounding vicinity. FLSA Violations and Call Centers When centers expect their employees to perform unpaid “off-the-clock” work, problems arise. This type of work is a direct violation of the FLSA. Call center employees must receive paid for time spent performing everyday duties. These duties include: turning on/off computers logging in to programs making pre- or post-call notes attending work-related meetings working through lunch participating in work-related training If you work in a call center and are not being properly paid wages you have earned, an attorney can help. You can call for a free consultation at 800-274-5927. You may have a viable claim and we can help you determine the best course of action. The team at Barkan Meizlish DeRose Cox, LLP is here to help. originally published on March 13th, 2018

LAYOFFS AND FURLOUGHS DUE TO COVID-19 IN OHIO: WHAT ALL EMPLOYEES NEED TO KNOW. Employers across Ohio are closing their operations due to Gov. DeWine’s declaration of a state of emergency and the “ Shelter in Place” Order.  While the emergency declaration and the “Shelter in Place” Order are necessary to #flattenthecurve, many Ohio businesses are reducing their workforce due to the coronavirus pandemic through layoffs, furloughs, reductions in hours, and pay cuts. The business decisions an employer makes have different impacts on its employees. If you have been laid off, furloughed or had a reduction in hours, you have important rights. OHIO UNEMPLOYMENT BENEFITS The emergency declaration expands unemployment coverage in Ohio until the emergency declaration is lifted. If you are quarantined due to COVID-19 you are eligible for unemployment benefits. The one week waiting period to file for unemployment benefits has been waived so an unemployed worker can file for benefits immediately upon being separated. The online form to apply is found at: http://www.odjfs.state.oh.us/forms/num/JFS00671/pdf/. Applying online will help expedite your application. If you are working, but have a reduction in hours, you may still be eligible to apply; however, your earnings will be deducted from your maximum benefit amount. This means if what you earn in a week with reduced hours is more than your state maximum benefit, you will not receive unemployment. Maximum Weekly Benefits are: Number of Dependents If your Average Weekly Wage was: Maximum Weekly Benefit 0 $960 or higher $480 1 or 2 $1,164 or higher $582 3 or more $1,294 or higher $647 The emergency declaration has waived the requirement that a person receiving unemployment benefits is “actively seeking work.” THE CORONAVIRUS AID, RELIEF, AND EMERGENCY SECURITY ACT The federal Coronavirus Aid, Relief, and Emergency Security Act or the “CARES Act” that passed on March 27, 2020 impacts your unemployment benefit entitlement and Maximum Weekly Benefits. Under this federal stimulus law, if you have an unemployment claim in Ohio, you are entitled to an additional weekly $600 Federal Pandemic Unemployment Compensation payment on top of existing state unemployment benefits for a maximum of thirty-nine weeks, subject to further extension rules. Further, sick employees who have the coronavirus can also collect unemployment if they are not receiving paid leave benefits. The CARES Act mandates extension of unemployment coverage to an individual who is otherwise able to work and: who is not eligible for regular compensation or extended benefits under State or Federal law or pandemic emergency unemployment compensation; who has exhausted all rights to regular unemployment or extended benefits under State or Federal law or pandemic emergency unemployment compensation; who is unemployed, partially unemployed, or unable or unavailable to work because the individual has been diagnosed with COVID–19 or is experiencing symptoms of COVID–19 and seeking a medical diagnosis; who is caring for a household family member who has been diagnosed with COVID–19; who is primary caregiver for a child or other person in the household who is unable to attend school or another facility that is closed as a direct result of the COVID-19 public health emergency and this prevents work; who is an employee or new hire that is unable to reach the place of employment because of a COVID-19 quarantine or health provider self-quarantine; who has become the breadwinner or source of major support for a household because the head of the household has died from COVID–19; who has to quit his or her job as a direct result of COVID–19 due to closure of the place of employment; or who is self-employed, is seeking part-time employment, does not have sufficient work history, or otherwise would not qualify for regular unemployment or extended benefits under State or Federal law or pandemic emergency unemployment compensation. WAGE AND HOUR CONSIDERATIONS No pay means no work. If you have had your normal work hours reduced, your employer cannot require you to do any work outside of those reduced hours without you getting paid for it.  In other words, if an employer asks an employee to do any work during the reduced hours, then the employee must be compensated for that time.   Things like answering emails, taking phone calls, picking up mail, etc. are all work activities for which employees must be compensated. Wages An employer cannot reduce an hourly employee’s pay below the Ohio minimum wage which is currently $8.70 per hour.  Employers cannot reduce a salaried employee’s weekly wage below $684 per week.  Both of these are still violations of the Fair Labor Standards Act and the Ohio Wage Act. Payment The Ohio Prompt Pay Act remains in effect.  Employers must still pay employees at least on a bi-weekly basis and cannot make an employee wait more than 30-days for their paycheck. NEW FAMILY MEDICAL LEAVE RIGHTS AND PAID SICK TIME On March 18, 2020, the federal Families First Coronavirus Response Act (FFRCA) became law.  The law includes two new important provisions for Ohio workers: 1) an emergency expansion to the Family Medical Leave Act (FMLA) and 2) a new Emergency Paid Sick Leave Act that requires paid leave for employees forced to miss work because of the COVID-19 outbreak in certain circumstances: EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT Applies to private employers with fewer than 500 employees and to all public employers that are covered by the FMLA regardless of size. An employee is eligible after he or she has been employed for at least 30 calendar days before the first day of the leave. Employees are entitled to 12 weeks of protected leave if the employee is unable to work (or telework) due to a need for leave to care for the son or daughter under 18 years of age of such employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency. A public health emergency means an emergency with respect to COVID-19 declared by a federal, state, or local authority. The first 2 weeks of leave are unpaid, but an employee may elect to substitute any accrued vacation leave, personal leave, or medical or sick leave for unpaid leave. After the first 2 weeks, leave is paid at two-thirds of the employee’s usual pay, with a cap of $200 per day. For employees with schedules that vary from week to week, a six-month average is to be used to calculate the number of hours to be paid. Employees who have worked for less than six months prior to leave are entitled to the employee’s reasonable expectation at hiring of the average number of hours the employee would normally be scheduled to work. The Secretary of Labor is empowered to issue regulations to exclude healthcare providers and emergency responders from the definition of employees who are allowed to take such leave, and to exempt small businesses with fewer than 50 employees if the required leave would jeopardize the viability of their business. EMERGENCY PAID SICK LEAVE ACT Requires private employers with fewer than 500 employees and public employers regardless of size to provide up to 80 hours of paid sick leave to employees on top of what the employer now provides (if any). This new paid sick time applies to employees who are unable to work, or telework, because the employee: Is subject to a federal, state or local quarantine or isolation order. Has been advised by a healthcare provider to self-quarantine due to concerns related to COVID-19. Is experiencing symptoms of COVID-19 and seeking a medical diagnosis. Is caring for an individual who is subject to a quarantine or isolation order or has been advised by a healthcare provider to self-quarantine as described above. Is caring for his or her child whose school or place of care has been closed or whose childcare provider is unavailable due to COVID-19 precautions. Is experiencing any other substantially similar condition specified by the Secretary of Health & Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.

Fighting the ALJ's Decision Picture this: you have made your way through the long disability determination process. Finally, you have had a hearing in front of an Administrative Law Judge (ALJ). But unfortunately, the ALJ's decision is not in your favor, and your claim was denied. You may find yourself asking- what now? At this point, Social Security gives you a couple of choices. The ALJ Denied My Social Security Benefits - What Are My Options? Option 1: Your first option is to appeal the ALJ’s decision to the Appeals Council. The Appeals Council  is another component of the SSA, with its headquarters located in Falls Church, VA. The appeal must be filed within 60 days of the ALJ’s decision. You don’t get another hearing at this level. Rather, the Appeals Council will review the ALJ’s decision, the evidence in your claim file, and legal arguments submitted by your attorney in support of the appeal. The Appeals Council will then make a new decision. The Appeals Council may uphold the ALJ’s decision and deny your claim again. Alternatively, it may reverse the ALJ’s decision and send your claim back to the ALJ with instructions to take another look at it. This is called a remand. Lastly, the Appeals Council may reverse the ALJ’s decision decision enitrely and award benefits to you directly. Because the Appeals Council handles appeals from ALJs all over the nation, it usually takes 12 to 18 months to receive a decision. For full details on the appeals process, you can check out the SSA's website. Option 2: Your second option is to file a new application for benefits. Social Security no longer allows you to file an appeal and a new application at the same time, except under limited circumstances. The best decision for you depends on several factors, including the strength of the evidence in your claim; whether you continue to be insured for the disability benefit; the ongoing state of your health; and of course any legal mistakes the ALJ may have made in denying your claim. This decision is best made in consultation with a Social Security Disability Insurance Attorney who is familiar with your case and can advise you as to your options. Originally published on December 2nd, 2015

What Does Onset Date Mean? Simply put, an onset date is a date that you initially sustained an injury or became disabled. This is something that plays a significant role in your SSI approval and back pay amount and can make or break your Social Security Disability case. If you need assistance in determining your onset date you should consult with a reputable disability lawyer like those here at Barkan Meizlish LLP. Determining the onset date for a disability involves the consideration of your allegations, work history if any, and any medical and other evidence concerning the severity of your medical condition. There are two distinct onset date classifications that you need to understand when dealing with SSI disability. AOD, or alleged onset date, is the date you will provide the social security administration when applying for your benefits. The EOD, or established onset date, is the date in which the social security administration has established the start of your disability. Alleged Onset Date Your alleged onset date is the date that you submit to the SSA when filing your claim. This is very important as it will determine the amount of backpay you are eligible to receive up to a maximum of 12 months worth. If the Social Security Administration approves your AOD then you will receive back pay starting 5 months after your AOD, to the day your claim was approved. For example: AOD is 1/1/2019 Claim accepted 8/1/2019 You receive back pay between 6/1 and 8/1 of 2019. Established Onset Date If the Social Security Administration disagrees with your alleged onset date then they may instead opt for a new later EOD, or established onset date. This can only be done if they have sufficient medical evidence proving that your onset date is later than the AOD you submitted. On the other hand, if the AOD is accepted and approved it effectively becomes the new EOD. Disputing EOD If you feel that the SSA has cheated you of some back pay then you can dispute the established onset date through the DDS, or Disability Determination Services. Upon this, the DDS will review the EOD and determine whether or not it is going to be upheld. Disputing an EOD should not be taken lightly as it may trigger a review of the disability determination and could potentially trigger a complete revocation of the disability ruling. Another thing to keep in mind is that if the EOD is still more than 17 months before the initial SSI claim then you won’t be losing any backpay and should refrain from disputing the EOD altogether. To prevent losing your benefits over a discrepancy in AOD and EOD, you should consult with one of our Columbus disability lawyers at Barkan Meizlish LLP. Disability Lawyer Columbus, Ohio Filing for SSI disability is a complex task that should not be taken on alone. You have already dealt with enough from your injury and trying to take on the entire Social Security Administration without the help of a professional will only make things worse. If you need assistance in determining your AOD or disputing an unfair EOD then you need to contact the trusted disability lawyers here at Barkan Meizlish LLP. We will walk you through every step of your claim and ensure you get the monthly compensation you deserve. If you have any question about your disability onset, our Social Security Disability Insurance and Supplemental Security attorneys may be able to help. Give Barkan Meizlish DeRose Cox, LLP a call today. Originally published on May 13th, 2015.

To Our Clients, Co-Counsel, Defense Counsel, Friends and the Community: At Barkan Meizlish DeRose Cox, LLP, protecting the health and safety of our personnel and their families and servicing the needs of our clients is of the upmost importance. Barkan Meizlish DeRose Cox, LLP is changin g the way we do business while our communities, states and our nation deals with the global COVID-19 pandemic.  However, our commitment to providing outstanding client service remains unchanged. As of Wednesday, March 18, 2020 Barkan Meizlish DeRose Cox, LLP will close its physical offices and transition to a work-from-home operation.  The following measures have been implemented: Attorneys and staff are equipped to work remotely with full access to client files; Protocols are in place to ensur e the confidentiality, privacy and safety of all records and data; On a rotating basis, personnel will come to the office to pick up and scan mail to the appropriate attorneys and staff handling your case; Communications can occur with attorneys and staff via email, telephone and video conferencing; In-person appointments, check disbursements and meetings will occur on a case-by-case basis; and, Canceled all non-essential business travel for our attorneys and staff. Our Management Team is closely monitoring the updates from the Cente r s for Disease Control and the Ohio Departmen t of Health.  We will adjust our policies as events unfold and further guidance is given from the relevant agencies handling this global COVID-19 pandemic. Sincerely, The Team at Barkan Meizlish DeRose Wentz McInerney Peifer, LLP

For some years now in Ohio, lawmakers have been working on a bill that would allow first responders to apply for workers’ compensation if they receive a PTSD diagnosis. The current legislature in Ohio states that in order to receive compensation for PTSD, a physical injury must also be present. This has historically prevented individuals, like first responders, who witness a traumatic event from receiving benefits despite having their lives impact and work inhibited. Several factors have caused push back on the bill for the last nine years. The anticipated increase in workers’ compensation costs by expanding the eligibility criteria has drawn skepticism, as well as fear of a snowball effect following the expanded guideline. That all being said, this expansion would allow for many workers affected by PTSD to apply for potentially life-saving benefits. The bill passed in the House on February 12 th, 2020 and is scheduled for consideration in the Senate.

The World and Your Private Images are at Your Fingertips…and Everyone Else’s In today’s technology focused society, almost everyone carries a weapon in their pocket —their smart phones. The exchange of a phone number, formally the key to communication, is virtually and literally no longer necessary. Social media apps like Snapchat, Instagram, and Facebook, connect individuals across the globe without any formal information exchange. This makes sharing, posting, and interacting as simple as one touch on a screen. While there are certainly many ways that social media benefits people globally- bringing them together, making activism easier, and bridging oceans and languages- comes an equal number of potential harmful behaviors. What is Doxing? With the simple tap of a screen, a smartphone can go from a communication device into a weapon. The dissemination of personal information- social security numbers, addresses, phone numbers, passwords, employer, work location- without an individual’s consent is called ' doxing '. Doxing has become an increasingly common online victimization tactic. Doxing is commonly used against individuals with online presences, such as influencers or politicians, but is not limited to public figures. It has become increasingly commonplace to meet people who have been the victims of doxing either by vindictive exes or simply a person with an intent to harm or complicate someone’s life. Victims of doxing are, unfortunately, often the targets of an additionally hateful crime that ruins lives: revenge porn. What is Revenge Porn? While pornography itself is not a new concept, the mass distribution of pornography via digital platforms is constantly evolving. Camera phones have made taking sexually explicit images increasingly easy and common among all ages, genders, and backgrounds. Sending and receiving these images is as normalized for many young people who have grown up with access to this technology, much like the prior generations’ ability to pass a note in the hallway. Many of these exchanges are consensual when they begin. There is an often unspoken agreement that these images are only meant for the original recipient. Once the relationship sours, the potential for revenge porn increases. Revenge Porn or Non-consensual Pornography is a broad categorization of criminal and non-consensual distribution of sexually explicit content. The term was popularized in the early part of the last decade, when activists such as activist Charlotte Laws and attorney Carrie Goldberg began using their public platforms to educate the public on these types of crime. As of today, 45 states, D.C., and one U.S. territory have revenge porn laws. The passing of such laws has been a concerted effort among activists. This an amazing first step for victims of revenge porn. However, it is only the start. Many of these statutes are intentionally vague due to fear of conflict with the First Amendment. Cases are often not actively pursued by law enforcement without direct advocacy. The fight to protect victims of revenge and non-consensual pornography is ongoing. It will continue to be fought until the proper protections are put in place for victims. What Can I Do if I Am the Victim of Revenge Porn? Are There Protections for Me? In Ohio, R.C. § 2917.211, Non-consensual dissemination of private images, makes it illegal for someone to distribute images of another person when: The person in the image is 18 or older; The person in the image can be identified, either from the image itself or the context in which the image was disseminated; The person is nude or engaged in a sexual act; The image is disseminated without the person’s consent; and with intent to harm. Thus, R.C. § 2917.211 makes sending illicit, sexual imagery of a person over the age of 18 with harmful intent a misdemeanor, with varying penalties depending on whether the violator is a repeat offender. Also, in Ohio R.C. § 2307.66 gives victims of non-consensual dissemination of private images a civil cause of action, meaning the right to sue the individual for damages. The damages include any of the following: An injunction or temporary restraining order prohibiting further dissemination of the image; Compensatory and punitive damages; That the offender pays the victim’s reasonable attorneys’ fees; and/or That the offender covers the court costs incurred by the victim in bringing the civil action. An important inclusion in this statute is  “the victim shall be presumed to have suffered harm as a result of the non-consensual dissemination.” This means the damage caused by any violation of R.C. § 2917.211 is automatically assumed if it is upheld as a violation in court. This allows victims the opportunity to seek damages without “proof” of the harm caused by the dissemination of the illicit images. Who Can I Ask for Help? Speaking with an attorney can help you determine what your rights are. It can also help you understand any exceptions that may disqualify you from pursuing any potential damages claim. Laws such as these help victims of doxing and revenge porn fight for justice. These types of crimes have become a worldwide phenomenon and creating protections to fight for victims is crucial.  To speak with an attorney about your situation, call Barkan Meizlish DeRose Cox, LLP at (800)-274-5297 or send us an email at info@barkanmeizlish.com.

Modified Mentalities: If you were on YouTube in the early half of the last decade, you may remember Neil Harbisson’s incredible Ted Talk “I listen to color.” For those who do not recall, Harbisson discusses his cranial implant and its associated external antenna. The implant processes color and turns them into sound waves within his skull. Having lived his whole live colorblind, Harbisson went from seeing grey scale to processing color in a way only made possible by technology. All of this is to say that there has been an active venture to technologically modify humans for some time. It should come as no surprise that employers have tried to utilize this fascinating trend to appeal to a hip and young pool of prospective employees, and potentially exert control over them in an unprecedented way in years to come. Blurring Boundaries: An article published on February 3 rd, 2020 by marketwatch.com outlined the proposed legislature in the state of Indiana that would ban employers from requiring their employees to receive mandatory microchip implants. While it seems like actual cases of employers expecting their employees to receive these small, sub-dermal implants, it is an important discussion to be having in 2020. In the discussion surrounding the benefits of micro-chipping employees on a voluntary (for now) basis, there seems to be a reoccurring focus on productivity—simplify your employee’s life, improve their work ethic. It is impossible to overlook the statistics that show the contrary. In a world where your employer is quite literally under your skin, how can employees take time for themselves or remove the potential stress of feeling on-the-clock 24/7? A recent op-ed featured in Bloomberg focused on the “always on” mentality many workers feel they cannot switch off, leading to burn out and lowered productivity. The answer to employee burnout and dissatisfaction, then, seems to be a focus on intentional away time from work rather than an increased presence in employee’s day-to-day life. Expectations Vs. Reality: The federal minimum wage has remained $7.25 since 2009, and yet employers continue expect more and more of their workers. In the current gig economy, many workers are left scraping together what they can from freelance or independent contracting work, desperately waiting for a full-time opportunity to take the burden of gig work off their shoulders. While many states have taken preventative action and outlawed mandatory microchip implants for employees, many people are still left questioning just how far an employer may be willing to go for their companies’ best interest. These sorts of changes will continue to challenge the current state of labor and employment law, and we must constantly be adapting to prepare ourselves for these upcoming challenges. If you have any concerns about your employers’ treatment of their employees, give us a call today at 800-274-5297. Mara Siegel is the Marketing Director at Barkan Meizlish DeRose Wentz McInerney Peifer, LLP.

( Columbus, Ohio, November 2018) Chris Peifer and Josh McInerney have recently been made named partners to Barkan Meizlish DeRose Wentz McInerney Peifer, LLP, thus changing the firm’s name. Chris Peifer represents and advises labor organizations in a diverse number of industries that includes the private sector, airline industry, trucking industry and the warehouse industry, among others. He also represents labor organizations in the public sector, federal and municipal administrative employees, and firefighters. His work with labor organizations includes collective bargaining, arbitration, and litigation in both federal and state courts throughout the country, and with agencies that are charged with enforcing the nation’s labor laws. Josh McInerney works as a Labor and Employment lawyer and has extensive experience representing both public and private sector labor organizations in federal district and appellate courts, and state courts throughout the country. He has represented labor organizations and their members in collective bargaining negotiations, arbitrations, and mediations, and before federal and state agencies, including the NLRB, NMB, NTSB, EEOC and various public employee relations boards. He also provides advice and guidance to clients on legal issues related to union organizing, the duty of fair representation, and regulatory compliance. We at Barkan Meizlish DeRose Cox, LLP are excited to announce Mr. Peifer and Mr. McInerney as named partners and are confident they will bring valuable leadership to our firm. Welcome Chris and Josh! For more information, call Barkan Meizlish DeRose Cox, LLP at (614) 221-4221, email info@barkanmeizlish.com, or visit our website at www.barkanmeizlish.com.

Too often, employers take advantage of their employees, with the employer typically leveraging its superior knowledge of the law. Employees forced to resort to legal action against their employers often face powerful and sometimes obstructive employers, but also benefit by representation from fierce attorney advocates who have the employee’s best interests in mind. Unfortunately, a recently announced U.S. Department of Labor’s (“DOL”) program may end up hindering employees’ ability to have their day in court with the aid of their chosen advocate. On March 6, 2018, the DOL’s Wage and Hour Division announced a six-month pilot initiative referred to as the Payroll Audit Independent Determination (“PAID”) program. The PAID program will allow an employer to conduct self-audits of their payroll practices and voluntarily report underpayments to the DOL which, in turn, will supervise the back wage payments. Yet to be tested, the new program is touted as a way for employees to receive the wages they are owed faster without having to wait for litigation and as a means of correcting an employer’s underpayment of wages to employees. However, the PAID program potentially harms employees more than it will help them. The settlements that the DOL supervises do not mandate liquidated damages. Liquidated damages are an amount paid in addition to unpaid wages. The purpose of liquidated damages is to discourage employers from unlawfully withholding wages, only to pay them if they get caught; in which case the employer essentially enjoys a consequence-immune interest-free loan. Under the apparently employer-friendly PAID program, employers may be able to do a low cost review, and have the DOL approve repayment of back wages without further liability, and without the fierce legal advocate acting on behalf of the employee. Further, employees who submit to this route for reimbursement of their owed wages will give up their right to bring a lawsuit against their employer for the payment of unpaid minimum wages or unpaid overtime compensation. The National Employment Law Project, a worker advocacy group, said it opposed the program. Judy Conti, a federal advocacy coordinator for the National Employment Law Project, said the PAID program is an effort to “stack the deck in favor of employers” and acts as a “get out of jail free card” for them. Note that the program cannot be invoked when the violation is already at issue in litigation, in arbitration, or already under investigation by the DOL/WHD. Also, remember that wage and hour claims under the FLSA are typically subject to a two year statute of limitations, which can only be extended to three years under certain circumstances. If you feel that you are not being properly paid wages you have earned, call Barkan Meizlish DeRose Cox, LLP for a free consultation at 800-274-5927. You may have a viable claim and we can help you determine the best course of action. (Advertising Material: This Notice is for informational purposes and should not be construed as legal advice).