What Happens in a Wage and Hour Investigation?

Columbus, Ohio – September 27, 2023 – Attorneys Bob DeRose and Brian R. Noethlich from Barkan Meizlish DeRose Cox, LLP, have taken legal action on behalf of Jodi Radabaugh and Barbara Vernon from Marietta, Ohio, filing a lawsuit against JPMorgan Chase Bank, National Association. The lawsuit alleges age discrimination under federal and state laws. This lawsuit, filed in the U.S. District Court for the Southern District of Ohio, in Columbus, alleges that JPMorgan Chase Bank violated the Age Discrimination in Employment Act (ADEA) and the Ohio Laws Against Discrimination (OLAD) by discriminating based upon age, creating a hostile work environment, and retaliating against its employees, during Ms. Radabaugh’s and Ms. Vernon's employment. Jodi Radabaugh, 51, residing in Waterford, Ohio, worked for JPMorgan Chase Bank for nearly three decades until her alleged wrongful termination in April 2022. Barbara Vernon, 65, a resident of Marietta, Ohio, had been with the Bank since 1998. JPMorgan Chase Bank compelled Ms. Vernon to transfer branches and reduced her hours and compensation, the lawsuit alleges, solely because of her age. A third female employee, Leslie Hibbitts suffered the same alleged age discrimination, and was forced to resign. Ms. Hibbitts, however, may not bring her claims in Court, but must proceed with private arbitration out of the public’s view, due to an arbitration agreement JPMorgan Chase Bank required her to sign years ago. The lawsuit alleges incidents of age-related discrimination, including derogatory, ageist comments made by a supervisor, differential treatment of older workers in terms of scheduling and benefits, and a hostile work environment designed to push out older employees. The plaintiffs seek various remedies, including a declaration of age discrimination, compensation for lost wages and benefits, emotional distress, punitive damages, attorneys’ fees, and legal costs. Bob DeRose, plaintiffs’ trial attorney who has represented workers for over 30 years, emphasizes the core issue in this case: "Our clients, Jodi Radabaugh, Barbara Vernon, and Leslie Hibbitts have been treated unfairly solely because of their age. No one should have to endure a hostile work environment or be forced out of employment after many years of service simply because they are older. This lawsuit serves as a reminder that age discrimination is unlawful, and we are committed to seeking justice for our clients and holding employers accountable." Media Contact: For media inquiries, please reach out to: Bob DeRose Phone: (614) 221-4221 Email: bderose@barkanmeizlish.com

Columbus, OH, December, 19, 2022 – The law firms of Brian G. Miller Co., L.P.A. and Barkan, Meizlish, DeRose & Cox, LLP – both based in Columbus, Ohio – are pleased to announce a settlement of $665,000 on behalf of more than 30 plaintiffs in a collective and class action dispute over unpaid wages against the owners of Dee Jays BBQ Ribs and Grille, which is based in West Virginia.  The settlement of the dispute (Case No. 5:22-cv-00006-JPB), filed in the U.S. District Court for the Northern District of West Virginia, was approved by Judge John P. Bailey on December 15, 2022.  As a result of the settlement approval, the case was also dismissed with prejudice (settlement and dismissal order attached for reference). The lawsuit was originally filed on January 3, 2022, by plaintiff Chasity D. Adkins on behalf of herself and other current and former employees of Mt. Nebo Foods, LLC, and Dewey J. Guida Enterprises, Inc., d/b/a Dee Jay’s BBQ Ribs & Grille.  The suit alleged violations of the Federal Labor Standards Act (FLSA), the West Virginia Minimum Wage and Maximum Hours Law, and the West Virginia Payment & Collections Act and sought relief and punitive damages against the defendants. According to the suit, the defendants withheld up to 3% of each employee’s total sales for each shift to be paid out as tips and subsequently shared between managers, kitchen staff, and hosts/hostesses.  This led to servers having to put their own tips into the pool, which most of the time resulted in them being paid less than both federal ($7.25 per hour) and state minimum wages ($8.75 per hour). As a result, the suit explained, “approximately $4,000 in tips in a respective week could be shared between employees who do not customarily and regularly receive tips.”  Last week’s settlement and dismissal effectively resolved these allegations, delivering monetary damages to be divided among the class of plaintiffs. Attorneys for the plaintiffs issued a joint statement to comment on the settlement and dismissal: “We are pleased with the settlement and the opportunity for closure that this outcome brings for our clients.  We hope it sends a strong message to employers, especially in hospitality and food service, that minimum wage laws must be acknowledged and followed. We also hope it allows employees who believe they are paid incorrectly to recognize their options in recovering what they are owed.” Plaintiffs in this case were represented by Adam L. Slone of Brian G. Miller Co, LPA, as well as Bob DeRose and Jacob Mikalov of Barkan Meizlish DeRose & Cox, LLP. # # # About Brian G. Miller Co., L.P.A. Brian G. Miller Co., L.P.A., was established in 2004 when Brian Miller decided to start his own law practice. His goal was to create a law firm that delivers legal services reflective of his experience, ability, and a steadfast commitment to exceptional quality and client satisfaction.  At the law office of Brian G. Miller Co., L.P.A., we provide our clients with effective legal representation by placing a strong emphasis on diligent investigation and by utilizing a thoroughly academic approach in preparing cases. Members of our firm are experienced not only with case management and claims processing, but also with the type of detailed legal research that exceptional client representation requires. The firm carries a healthy, but manageable active client caseload that ensures we have the time to get to know each client personally, while also ensuring our ability to pay careful attention to the details of each and every case. Brian G. Miller Co., L.P.A., is best known for handling plaintiff's serious personal injury claims, wrongful death claims, and other catastrophic injury litigation, as well as a growing practice representing employees in wage and hour violations of the Fair Labor Standards Act (FLSA) and other employment regulations.   Visit www.bgmillerlaw.com for more information. About Barkan Meizlish DeRose Cox LLP. The law firm of Barkan Meizlish DeRose Cox, LLP is over sixty years old, with a national practice, focused on wage and hour/overtime litigation, Ohio workers’ compensation, Social Security Disability, and personal injury/medical malpractice. The firm and individual attorneys within the firm appear on lists of the best law firms and attorneys in the nation. Through their representation of individual employees as well as the injured and the disabled, the firm aims to protect the rights of working people on and off the job. They represent clients’ interests in federal and state court, before federal and state administrative agencies, at the collective bargaining table, and in state legislatures and the United States Congress. The attorneys and professional staff of Barkan Meizlish DeRose Cox, LLP are fully committed to securing justice for all of their clients.  Visit www.barkanmeizlish.com for more information.

What is Wage Theft? Wage Theft is when an employer neglects to pay their employees for all of their time at a fair price. One of the most common instances of wage theft is when an employer pays an employee less than the minimum wage required in that specific area. Additionally, other common forms of wage theft include employees who have their tips stolen, receive pay “under the table” or off the books, employees not paid fair overtime pay, and employees who are forced to work off the clock for any amount of time. These are just a few of the most common examples of wage theft committed in the United States, but any form of shorting an employee’s pay is considered wage theft and is therefore illegal. If you suspect that your employer is stealing your wages, then you are entitled to compensation, and the unpaid wage attorneys at Barkan Meizlish are here to help you get it. Contact us today for your free consultation and be on your way to recovering your stolen wages. Wage Theft Statistics Wage theft is a major problem in the United States and especially in the state of Ohio. It is so common that it has likely happened to you at some point in your life and is nearly guaranteed to have happened to at least one person you know. Approximately $50 billion in wages are stolen by U.S. employers nationwide every year. That number is enough to provide 1.2 million people with employment and pay them $20 per hour. In comparison, the combined robberies, motor vehicle thefts, larcenies, and burglaries added up to less than $14 billion in 2012.  States, along with the Federal Department of Labor, recovered approximately $933 million in stolen wages that same year, less than 2 percent of what was taken from hard-working employees. These statistics show just how damaging wage theft is to the average American household’s quality of life, the economy of Ohio, and the national economy as a whole. Thankfully, people are fighting the war against wage theft. While we are still a long way from completely eradicating the problem, some states have taken significant action to address the issue and recover those wages that have been stolen from their residents. New York has the strongest anti-wage theft laws in the country and has even passed a Wage Theft Prevention Act to closely monitor employees’ pay through mandatory reporting on behalf of the employer. State attorney generals in 45 states have recovered $14 million in stolen wages. In addition, private attorneys like those at Barkan Meizlish have recovered $467 million in class-action lawsuits, while the U.S. Department of Labor has recovered $280 million. Unfortunately, this hasn’t even put a dent in the estimated $50 billion stolen from hard-working employees annually, which is why we here at Barkan Meizlish are still fighting hard to prevent wage theft across the state of Ohio. Ohio Wage Theft The state of Ohio has ranked second in the nation when it comes to workers reporting wages lower than the minimum wage. Wage theft is a huge problem in Ohio and has detrimental effects on the lives of our friends and neighbors. Not only does wage theft reduce the quality of life of those affected, but it has detrimental effects on our state’s economy. When an employer steals from their employees, they steal from everyone in the state because millions of dollars are unaccounted for, meaning there is less money to allocate for infrastructure, education, and governmental assistance. If you or somebody you know has experienced wage theft in Ohio, you need to contact an experienced wage theft lawyer like those found at Barkan Meizlish. Columbus Wage Theft Lawyer Wage theft hurts the national economy as well as the economy of the state of Ohio. Our home was founded by hard-working pioneers, and so we find it truly ironic that so many of the employers in the state are stealing from their employees regularly. You have a duty as a resident of Ohio to report unfair theft of wages in order to uphold a higher standard of living for yourself and your fellow Americans. Here at Barkan Meizlish, we work with employees to help them recover the wages that they have worked for. Contact us today for your free consultation with a professional wage theft lawyer in Ohio and be on your way to recovering what is rightfully yours.