You have the right to file a medical malpractice lawsuit if you have suffered harm as a result of a healthcare provider’s negligence. Normally, this has to be a deviation from the accepted standard of care, and this deviation has to directly cause you an injury or materially contribute to it. Malpractice is one of the harder types of personal injury to successfully claim, and it’s always wise to work with an experienced Columbus, OH attorney.

Tags: medical malpractice
Posted in Barkan Meizlish DeRose Cox, LLP Service, Personal Injury | No Comments »

Many people in Columbus, OH struggle with conditions that make working difficult or even impossible, and a Social Security disability claim can provide monthly payments to cover living expenses. The Social Security Administration (SSA) runs two main programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), and both can potentially help.

Tags: Employee, Social Security
Posted in Social Security | No Comments »

If you’ve been injured on the job, you might be wondering whether you should bring a workers’ compensation claim or a personal injury claim. It all depends on the details of your accident and who’s responsible, and a Columbus, OH Workers’ Compensation Lawyer can give you more insight based on the details of your situation.

Tags: Workers' Compensation
Posted in Barkan Meizlish DeRose Cox, LLP Service, Personal Injury | No Comments »

If your Columbus, OH employer isn’t following the law and you’re experiencing wage & hour issues with overtime pay, talk to a lawyer as soon as possible. Unpaid overtime doesn’t go away, and with the right claim, you can recover what you’re owed.

Tags: Wage & Hour
Posted in Barkan Meizlish DeRose Cox, LLP Service | No Comments »

If you’ve been in a vehicle accident, you’re entitled to receive compensation for your losses from whoever is at fault for the accident. However, many accidents are not straightforward, and multiple parties may share some responsibility. Talk to a Columbus, OH car wreck attorney as soon as you can to find out what to expect in your specific case, but as long as you are not more at fault or equally at fault, you can recover compensation.

Posted in Uncategorized | No Comments »

If you’ve been in a serious personal injury accident here in Columbus, OH, the steps you take immediately afterward can make all the difference. Acting quickly will protect your rights and improve your chances of receiving the compensation you deserve. Personal injury accidents are overwhelming, but you don’t have to go through them alone.

For immediate help, call Barkan Meizlish DeRose Cox, LLP at 740-204-2125 or contact us today to speak with an experienced injury attorney.

Tags: personal injury lawyers
Posted in Barkan Meizlish DeRose Cox, LLP Service, Personal Injury | No Comments »

If you’ve been in a vehicle accident, you’re entitled to receive compensation for your losses from whoever is at fault for the accident. But many accidents are not straightforward, and multiple parties may share some responsibility. Talk to a Columbus, OH car wreck attorney as soon as you can to find out what to expect in your specific case, but as long as you are not more at fault or equally at fault, you can recover compensation.

Posted in Barkan Meizlish DeRose Cox, LLP Service, Personal Injury | No Comments »

Author: Bob DeRose | Barkan Meizlish DeRose Cox, LLP

The Department of Labor (DOL) recently announced the return of its Payroll Audit Independent Determination (PAID) program, a voluntary initiative that allows employers to self-report violations of the Fair Labor Standards Act (FLSA) and now, the Family and Medical Leave Act (FMLA). While the program is framed as a way to help employers fix mistakes and quickly pay back wages, workers need to understand exactly what it means for their rights and their paychecks.

Posted in Uncategorized | No Comments »

By: Bob DeRose, Wage and Hour Attorney for Employees

As someone who has spent years advocating for workers’ rights, I’ve seen firsthand how small changes in tax or labor law can have massive ripple effects on working families. The recently proposed “Big Beautiful Bill,” which seeks to exempt overtime wages and tips from federal income tax, is one of those changes that sounds great on the surface—but deserves a closer look.

Posted in Labor & Employment | No Comments »

The Sixth Circuit’s ruling in Kean v. Brinker International, Inc., ___F.4^th___, 2025 WL1692713 (6th Cir. 2025), is not only a good Age Discrimination in Employment Act (ADEA) decision for those who represent employees; it offers great applications for Fair Labor Standards Act (FLSA) cases.

Case Overview: A Lesson in Evidence Handling

Jeff L. Kean, a 59-year-old General Manager at a Chili’s, faced termination under dubious claims of fostering a “toxic culture.” Kean contended this was merely a facade for age discrimination, especially since he was replaced by someone significantly younger and less experienced. Initially, the district court ruled in favor of Brinker, granting summary judgment.

However, the appellate court highlighted a crucial factor: evidence spoliation. Brinker’s destruction of vital documents related to Kean’s employment undermined their defense. The court determined that their failure to preserve original documents—especially after a litigation hold was issued—demonstrated gross negligence, severely impacting Brinker’s credibility. This ruling reinforces the necessity of meticulous record-keeping in employment matters.

Early Use of Preservation Letters: A Strategic Approach

The Kean decision teaches us valuable lessons. Here are strategies for wage and hour lawyers to implement early preservation letters:

1. Prompt Action: Send a preservation letter immediately when a potential FLSA client comes to your office.  You should get their permission to write to their employer if they are still employed. I am located in Ohio, and we have the benefit of a state statute Ohio Rev. Code 4111.14 (G), (H) that requires employers to produce payroll records within thirty (30) business days of receiving the request. My office couples the records request with an explicit request to preserve all relevant documents, including time records, payroll data, personnel records, and employee communications.
2. Clarity in Document Requests: Clearly specify the types of documents to preserve, such as emails, performance evaluations, and schedules related to wage practices.
3. Legal Reminders: Reference legal obligations under the FLSA and the cases in your jurisdiction in your preservation letters. This emphasizes the seriousness of maintaining relevant evidence.
4. Follow-Up: After sending the letter, follow up with the employer to ensure compliance. Document any responses or lack thereof to establish the employer’s awareness of their duties.
5. Client Education and Obligations: Since the obligation to collect and preserve evidence applies to our clients, early in your representation you should educate your clients about the importance of maintaining their own records, including pay stubs and communication with employers regarding wages. Our office includes a simplified version of a preservation letter in an early communication with our clients.

Now is the time to evaluate your current practices regarding preservation letters and evidence management. Are you proactively sending preservation letters to employers and prospective defendants? Are your clients informed about the importance of documentation and retention? Take action today by reviewing your strategies, educating your clients, and ensuring that you are prepared to advocate effectively for employee rights. By understanding the implications of the Kean decision and utilizing preservation letters strategically, we can better protect employee rights under the Fair Labor Standards Act.

Tags: Wage & Hour
Posted in Wage & Hour/Overtime Violations | No Comments »