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.

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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.

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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.

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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 »

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

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Workers’ compensation laws are in place to protect employees who are injured on the job. However, navigating the process can be confusing and overwhelming for people unfamiliar with the system. This is where a workers’ compensation law firm in Ohio like Barkan Meizlish DeRose Cox, LLP. comes in.

An experienced Ohio workers’ compensation law firm can help you understand your rights, file a claim, and fight for fair compensation. It’s important to know when to contact a workers’ compensation lawyer to get the help you need to protect your rights and get the benefits you deserve.

Why Do I Need a Workers’ Compensation Attorney?

A workers’ compensation law firm provides valuable assistance to those who have been injured on the job. Workers’ compensation attorneys have a deep understanding of the workers’ comp laws and the claims process, which can assist you in receiving fair compensation for your injuries.

An experienced workers’ compensation attorney will assist in negotiations with your employer on your behalf, ensuring that your rights are protected and that you receive the maximum benefits you are entitled to. Furthermore, if a dispute arises in the administrative system, a workers’ compensation attorney can represent you in court and fight for your rights through effective litigation. In short, a workers’ compensation attorney can provide both peace of mind and be a strong advocate during this difficult time.

The Benefits of Contacting a Workers’ Compensation Law Firm

Hiring a workers’ compensation law firm offers several benefits you may miss out on if you choose to represent yourself. Nobody has more expertise in the field of workers’ compensation than an experienced Ohio workers’ compensation lawyer. Practicing workers’ compensation lawyers have a deep understanding of the laws and regulations surrounding your claim that they can use in securing you fair and just benefits.

Another benefit to hiring an experienced workers’ compensation law firm is that they will represent and speak on your behalf during negotiations with your employer, defense attorneys, and third-party administrators to ensure your rights are protected throughout the process.

While you could represent yourself in your workers’ compensation claim, we don’t recommend doing so. Hiring a workers’ compensation attorney provides you with the expertise, representation, and resources you need to receive fair and just compensation for your injuries.

Why You Should Act Fast After Your Injury

The best time to contact a workers’ compensation attorney is as soon as you are injured. Workers’ compensation claims in Ohio must be filed within a year of the injury. Failing to do so will bar you from pursuing any workers’ compensation benefits. Not only that, but gathering evidence becomes more difficult the further you are from the injury.

Contacting a Columbus workers’ compensation lawyer as soon as you suffer an injury ensures your claim is filed correctly, before the statute of limitations expires, and that you are able to gather all the evidence you need to support your claim.

Ohio Workers’ Compensation Lawyers That Work for You

If you have been injured on the job or have developed an occupational illness, it is important to seek legal representation as soon as possible. A workers’ compensation law firm will help ensure your rights are protected and that you receive the compensation you deserve. We can also help you navigate the complex workers’ compensation system, negotiate with involved parties, and represent you in court if necessary.

Don’t wait until it’s too late to seek the help you need. Contact the Ohio workers’ compensation lawyers at Barkan Meizlish DeRose Cox, LLP. today to request your free consultation.

Posted in Labor & Employment | Comments Off on When Should I Contact an Ohio Workers’ Compensation Lawyer?

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.

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The Fair Labor Standards Act imposes strict standards on how your employer is allowed (and not allowed) to make deductions from your paycheck, or what they are allowed to consider as part of your pay.

Employers frequently try to skirt these rules and assume that their workers don’t know their rights well enough to notice or fight back against wage theft, but a wage and hour attorney in Columbus will notice right away.

Because our wage lawyers in Columbus know what to look for when it comes to illegal wage deductions leading to unpaid wages, we want to empower you to know what to look for as well. If you’ve seen evidence of any of these illegal wage deductions, you should talk to our lost wages lawyers in Columbus about recouping the wages that you are legally entitled to.

Illegal Wage Deductions for Uniforms

While it is permissible for an employer to require a uniform for work, a provided uniform does not count as wages. An employer cannot provide a uniform in lieu of their obligations to pay minimum wage or overtime obligations.

That means that an employer cannot deduct the cost of a uniform from your pay if it causes your pay rate to fall below the minimum wage or decreases the overtime rate that you are entitled to. That is an illegal deduction. You are legally entitled to that pay, and an unpaid wage and hour lawyer in Columbus can help you recover this.

Take, for example,  if a restaurant pays minimum wage to a host, but deducts money from their paycheck for the host uniform. If a worker is making minimum wage, the employer cannot deduct money from their paycheck for a uniform, or most other reasons – even losses resulting from the employee’s negligence.

If a worker is making more than minimum wage, employers are only allowed to deduct for specific purposes up to the amount of minimum wage. This means that at the end of the workweek, your paycheck, after the uniform deductions, cannot result in you making less than the minimum wage per hour on average.  In Ohio, the minimum wage will be $10.10 as of January 2023.

If an employer is paying $11.10, or one dollar per hour over the minimum wage, then for an employer working 20 hours a week, they would only be able to deduct a maximum of $20 each week. If the employer deducts more than $20 in this example, the employee would actually make less the minimum wage per hour.   It sounds complicated, that is why an unpaid wages lawyer in Ohio should get involved to help fight back against these illegal deductions – preferably one with a long history of successful results.

Illegal Wage Deductions Cover More Than Uniforms

While the FLSA mentions uniforms specifically when referring to illegal deductions that a wage and hour attorney in Columbus can fight back against, the Act covers more than uniforms.

The Act states that “items which are considered to be primarily for the benefit or convenience of the employer” cannot be included in wages. This means uniforms, but also some things one might not expect.

Other categories considered to be “for the convenience of the employer” include tools required for work, damages caused by employees or customers, unpaid bills by customers, and theft of company property. None of these can be deducted from an employee’s weekly pay beyond minimum wage or overtime obligations, even if the employee is at fault.

What an Employer Can and Cannot Do

In a number of states, there are laws that protect employees from any paycheck deductions resulting from issues like damaged equipment or a cash drawer that comes up short. Ohio is not one of those states, but wage and hour attorneys in Ohio can still make sure an employer does not deduct wages beyond the Ohio minimum wage threshold in accordance with federal and Ohio law.

That means that a minimum wage worker cannot have their paycheck deducted even if there is money missing from their register if the amount deducted will result in the worker making less than the minimum wage.

Of course, that doesn’t mean your employer can’t take other actions – they are within their rights to terminate your employment or even pursue legal action if they believe money or equipment was intentionally stolen. Our employment attorneys in Columbus can help you fight back in any of these cases, especially if your check is being deducted unjustly or beyond the allowable maximum.

If you feel you’ve had your wages cut unfairly, or more than is legally allowed, contact the wage and hour attorneys at Barkan Meizlish DeRose Cox, LLP and reclaim the wages you worked for and are legally entitled to.

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

The immediate aftermath of a car accident is a bewildering time for anyone. You’re dealing with a lot of emotions – often some combination of shock, fear, anger, pain, and confusion.

In a state like that, it’s no surprise that you might not handle those few minutes perfectly, especially if you don’t know what you should be doing. But as experienced personal injury lawyers in Ohio, Barkan Meizlish DeRose Cox, LLP have gone through a number of car accident cases, and we have a good sense of what may help – and what doesn’t – after a car accident.

Hopefully, you never need these tips, but if you ever do, we hope you find it helpful to avoid these five common mistakes people make after a car accident.

1. Not Calling the Police

Legally, the police should be called out to nearly any car accident, regardless of whether you think you’ll be calling a car accident attorney in Ohio to file a claim or not.

The police will record what happened at the accident, which will include your testimony and that of the other driver (assuming there is one), and other relevant evidence at the scene.

This evidence isn’t just for you to use in a claim if you choose to hire a car accident attorney in Ohio. Having this information on record also protects you from potential false claims the other driver and their car accident attorney may raise against you later.

Having the police record to dispute such claims is a powerful tool, and is just the legally appropriate thing to do.

2. Admitting Guilt For the Accident

Any car accident lawyer will tell you that one of the most important aspects of a car accident personal injury case is establishing liability and fault.

So, if you get out of your car and say something like, “I’m sorry, it’s my fault,” or “I didn’t see you there,” you’re potentially shifting the blame onto yourself.

Even if hiring a car accident attorney in Ohio isn’t in your plans, even casually admitting fault for the accident may signal to the other driver that they could hire a car accident attorney against you, and win.

3. Not Getting Medical Attention

Much in the same way calling the police to the site of an accident is a great way to make sure there is an accurate record of the event, making sure you see a doctor is the best way to get ahead of any health problems that may arise from your accident.

Often, people in car accidents think they feel fine, but once the adrenaline wears off, injury symptoms can start to show themselves. If you wait too long after an accident to be examined for these conditions, it can be difficult for a personal injury attorney to link those conditions or injuries to the accident itself. The personal injury lawyers at Barkan Meizlish DeRose Cox, LLP must be able to prove the accident proximately caused your injuries. Therefore, timely treatment is very important if you are injured. 

4. Posting On Social Media

Generally speaking, you’re going to want to offer as little information as possible on your social media channels about the accident. You should offer accurate information to the police, but only as much as they ask for.

Oversharing information about your accident is a great way to have that information turned around on you in a court of law. Your Facebook posts about the cause of the accident, your injuries, or even your activities after the accident, can all be detrimental to a case if you’re looking to hire a personal injury attorney to file a claim.

5. Not Hiring a Personal Injury Attorney for your Car Accident

There are a lot of things a car accident attorney can help you with in the immediate aftermath of a car accident. There are insurance forms and claims to fill out, medical considerations, and communication with the at-fault party.

In most cases, the above will consume your time, attempt to gain an advantage over you, and possibly ignore your rights.

At Barkan Meizlish DeRose Cox, LLP, our personal injury attorneys won’t let anyone trample on your rights when you’re at your most vulnerable. Contact us at 614-221-4221 if you or a loved one has been in a car accident, and let us help you heal and get back to normal.

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The decision to talk to a Columbus personal injury attorney is never one made lightly. After an accident or injury, most people consider the possibility of contacting a personal injury lawyer at least once or twice.

Sadly, many will talk themselves out of the process before they even start, thinking that they don’t have a good case, or it’s too much hassle. We’re here to tell you not to ignore your rights.

At Barkan Meizlish DeRose Cox, LLP, our role is to help you navigate a post-injury process that is often stressful, confusing, and all-important. Here’s why you shouldn’t delay in contacting a Columbus personal injury attorney.

Contacting a Columbus Personal Injury Attorney is Free and No-Risk

You likely hear the words “free consultation” thrown around so often it ends up just sounding like noise. So let’s talk about what that actually means.

If you’ve been in an accident that wasn’t your fault, there’s a decent chance that you are at least considering the possibility of talking to a Columbus personal injury attorney, but aren’t sure if it’s the right move.

You might be asking yourself questions like:

“Will I be able to afford it?”

“Can they actually help me in my situation?”

“Is this going to be more trouble than it’s worth?”

“Do I even have a case?”

You don’t have to ponder these questions yourself. These are all very natural, normal questions to ask, and you deserve answers to them. A free consultation is where you can get those answers. You don’t have to stress about them on your own – an experienced personal injury attorney will listen to your situation, learn of the factual circumstances, and help lay out what your options are for the next steps.

That may consist of retaining our personal injury lawyers to fight for you, and it may not. We will be upfront about your standing, and what your options are. If we are not the right choice to help you, we will point you toward resources that can. If we are the right choice to help you, then we will. The choice is ultimately yours, and we want to empower you to make the one that’s right for you.

In either case, the free consultation is an opportunity for you to arm yourself with information about your options and make the best decision.

The Earlier You Contact a Columbus Personal Injury Attorney, the Better

If you’ve recently been in a car accident, truck accident, slip-and-fall accident, bicycle or pedestrian accident, or been otherwise injured by negligence from another person or people, the best time to contact a Columbus personal injury attorney is “right now.”

That’s because our job as personal injury lawyers isn’t only to help you recover damages and compensation. We also help you deal with uncooperative insurance companies and sort out confusing and often predatory paperwork. One of our most important jobs is to make a difficult time in your life easier, alleviating your stress and letting you focus on healing.

The earlier you contact a Columbus personal injury attorney, the sooner we can aid you during your recovery.

If you have been injured by another’s negligence, you are being wrongfully blamed for an accident that wasn’t your fault, or you’re dealing with an insurance company that won’t cover your claim, contact the personal injury lawyers at Barkan Meizlish DeRose Cox, LLP as soon as you can so we can get on your side and start fighting for you.

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