On Friday, June 3, 2022, a Ross County jury awarded Barkan Meizlish DeRose Cox client John R. Gilliland the right to participate in the Ohio Bureau of Workers’ Compensation Fund (BWC) for an injury that occurred in the course of and arising out of his employment.  

The jury rejected the employer’s argument that the injury did not occur while Mr. Gilliland was on the job. The case was tried over three days and the jury’s verdict was returned in less than two hours. 

The case will now be returned to the BWC where Mr. Gilliland will be awarded benefits for the fractured neck he suffered in the work-related accident.  The case was referred to Barkan Meizlish DeRose Cox by the law firm of Knisley Brush of Chillicothe, Ohio.

The case was tried by Ohio workers’ compensation trial attorneys Sandy Meizlish and Brian Noethlich.  It was the first trial for the firm since the onset of the pandemic.  

How Our Ohio Workers’ Compensation Trial Attorneys Fight for You

We know that this victory for hard-working Ohioans is just the first of many. The COVID-19 pandemic has caused interruptions and difficulties in many parts of our lives, including litigation and the court system. So while this win is just one of several to come, it is an important landmark for our trial workers’ compensation attorneys in Ohio.

As an accomplished Ohio workers’ compensation law firm, we continue to work tirelessly to defend your rights as a worker in Ohio. Mr. Gilliland’s case was one where an employer wanted to deny him access to the Ohio Bureau of Workers’ Compensation Fund to which he was entitled and had worked for. We didn’t let that happen.

The level of care, detail, and preparation that we put into this case, as well as the passion we put into fighting for our client, propelled us to victory. Mr. Gilliland was in the right, and we did everything in our power to make sure the jury saw that.

This is the type of passionate work, care, and dedication you can, and should, always expect from the trial workers’ compensation lawyers at Barkan Meizlish DeRose Cox all over the state of Ohio. We are ready to take your case all the way to trial and win if that’s what’s necessary.

We Are More Than Just Ohio Workers’ Compensation Attorneys

Today, the spotlight is on our trial workers’ compensation attorneys for their big win on behalf of a hard-working and deserving Ohioan. But Barkan Meizlish DeRose Cox is also a versatile Ohio law firm with employment attorneys working on behalf of Ohio workers in areas such as wrongful termination, discrimination, and unpaid wages and hours.

Even if you have not been injured or wronged by an employer, we are also skilled Columbus personal injury lawyers and auto accident lawyers ready to fight on your behalf to help you recover after an injury, accident, or employment issue wrongfully caused by another.

June’s trial win reaffirms our commitment to fighting for Ohioans to enforce their rights under the law. If you’ve suffered an injury on or off the job, physical, emotional, or financial, contact Barkan Meizlish DeRose Cox today and let us see how we can go to work for you!

Posted in Personal Injury | No Comments »

SB 47, Ohio’s New Overtime Rules Sanction Wage Theft Starting July 6, 2022

On April 6, 2022, Ohio Governor Mike DeWine signed Senate Bill 47 into law which changes the State’s overtime rules. The Ohio Legislature failed miserably in its attempt to incorporate the federal Portal-to-Portal Act and Section 216(b) of the Fair Labor Standards Act (“FLSA”) into the Ohio Revised Code.   Ohio Legislators bowed to special interests by incorporating only the employer-friendly portions of the FLSA into O.R.C. §§ 4111.031 and 4111.10(C). They attempt to strip and muddle long-existing overtime protections granted to hourly workers by the United States Congress.   

How Does This Affect Employees and Employers?

While the new overtime rules will hurt hourly employees, it will be a potential minefield for employers who comply with the law. The Portal-to-Portal Act, 29 U.S.C. § 254 of the FLSA, provides that employers are not required to pay for the time employees spend on activities occurring before or after they perform the principal activities for which they are employed. The new Ohio overtime law at Sec. 4111.031(A)(1) (a) and (b) incorporated Sec. 254(a)(1) and (2): 

Sec. 4111.031(A)(1) … an employer is not required to pay the overtime wage rate under section 4111.03 of the Revised Code to an employee for any time that the employee spends performing any of the following activities: (a) walking, riding, or traveling to and from the actual place of performance of the principal activity or activities that the employee is employed to perform; (b) Activities that are preliminary to or postliminary to the principal activity or activities.  

Sec. 4111.031(A)(1)(a) and (b) mirror the Portal-to-Portal Act. However, the Ohio Legislature went one step further by adding Sec. 4111.031(A)(1)(c), which states that employers do not have to pay overtime for activities requiring insubstantial or insignificant periods of time beyond the employee’s scheduled working hours. 4111.031(A)(1)(c) is not in the Portal-to-Portal Act because subsection (c) alters the definition of compensable work for an activity not when the activity was performed. Thus, if the activity meets the definition of work, meaning that the activity is necessary and indispensable to an employee’s principal activity, it is not eligible for overtime pay if it lasts for undefined time limits described as “insubstantial or insignificant periods of time.” Who gets to determine how much of an hourly worker’s time at home is “insubstantial or insignificant” such that her work should not be part of the overtime calculation?  

The new Ohio overtime law muddles what employers are to do with such time spent by their employees. The Portal-to-Portal Act renders any activity within the meaning of Sec. 254(a)(1) and (2) not compensable.  This means that the employer does not have to pay any wages for this time. The new Sec. 4111.031(A)(1) states that the employer is “not required to pay the overtime wage rate” for any activity within the meaning of Sec. 4111.031(A)(1)(a)-(c).  This sentence can be read two ways; (1) that the Ohio Legislature granted Ohio’s hourly workers at least Ohio minimum wages for all activity that would otherwise be non-compensable under the federal Portal-to-Portal Act; or (2) that to the extent that activity within the meaning of Sec. 4111.031(A)(1)(a)-(c) is compensable under the FLSA, Ohio hourly workers only get at least the Ohio minimum wage. The former is a granting of wage protections in addition to the FLSA which is permitted under Article 10 of the U.S. Constitution.  The latter would restrict wage protections granted by the FLSA and violates the federal supremacy laws, rendering it unconstitutional.     

Why Does This Matter?

Why does it matter? Because the real question when the courts decide if the activity a worker performs is compensable is, was the activity “necessary or indispensable” to their principal activity?  If the activity fits that definition, then where it occurs and whether the employer thinks an employee spent an acceptable amount of their own time doing it, does not matter.  The Portal-to-Portal Act was enacted to prevent employers from having to pay for regular commute time or tasks after work that has no bearing on the employees’ job duties.  SB47 was enacted to help employers not pay for otherwise compensable work activities that employees do on their personal time.  That is wage theft. 

Sec. 4111.10(C) now requires that employees who are interested in joining a wage lawsuit against their employer must file their Notice of Consent to join the case. This is a significant shift in Ohio employee wage protections. Prior to the effective date of SB47, Ohio permitted workers to bring overtime and minimum wage claims as a class action under Rule 23.  These are called “opt-out” class actions because one worker can file a claim on behalf of all current and former workers and toll their statutes of limitations (the time the wage statutes give workers to make a claim). The prior Ohio overtime protections only provided two years of recovery and no liquidated damages. However, the tradeoff was that once one victim of wage theft filed a claim, they could toll the statute of limitations for all current and former employees.   This means that you did not have to file your own claim or even know that you were a victim of wage theft, and your rights were protected.  

SB47 removes the “opt-out” class actionability for Ohio overtime claims and requires every employee to file their own case or a Notice of Consent in a filed case to toll their statute of limitations. This type of action is called an “opt-in” collective action. This means that until a worker who was a victim of wage theft learns of the violations and how to file a claim, their time to make such a claim continues to erode.   

Proponents of SB47 claim that Sec. 4111.10(C) “mirrors” the federal “opt-in” process found at 29 U.S.C. § 216(b). This is incorrect. While Sec. 216(b) requires a wage theft victim to “opt-in” to an existing case or file their own case to toll the statute of limitations; it grants wage theft victims the ability to recover three years of damages and liquidated damages if the wage theft was willful.  Sec. 4111.10(C) did not grant Ohio wage theft victims the ability to recover three years of damages and liquidated damages if the wage theft was willful. The Ohio Legislature left those worker-friendly protections out of Sec. 4111.10(C). In doing so, Ohio now grants Ohio hourly workers less protection for the theft of overtime wages than does the FLSA.   This renders Sec. 4111.10(C) unconstitutional.   

Why does it matter?  This matters because many workers do not opt in. There are a variety of reasons for this. Some workers fear retaliation, even though it is illegal. Some think the collective action notice is part of a scam. Many notices never make it to workers in the first place because they moved. The original version of the law took care of all of these concerns at once.

SB47 is a sloppy, ill-considered piece of legislation that was designed to strip hourly Ohio employees’ wage protection from theft of their overtime wages. While SB47—or Sec. 4111.031 and Sec. 4111.10(C) after enactment—will not survive a court challenge, many Ohio workers and businesses will be harmed in the process. The bill’s passage was unnecessary. Many people who opposed SB47, me included, offered considerable alternatives that would mirror the federal protections. This would have ensured Ohio’s hourly workers were protected from wage theft and leveled the playing field for those employers who follow the law.  

If you feel you have been a victim of wage theft or improper pay practices, please contact our office for a free consultation with an Ohio Wage and Hour lawyer today.  If you are an employer who needs help navigating the tempest caused by Sen. Bill Seitz and Sen. Andrew Brenner; call me and I will help you find a lawyer.   

The Paycheck Warriors is a bi-weekly column written by The Paycheck Warrior himself, Managing Partner Bob DeRose. Every other week, just like your paycheck, Bob will take the time to address commonly asked questions about wage and hour law. He will also take on wage and hour topics popping up in the news. Have a question? Leave a comment and see what The Paycheck Warrior has to say!

Tags: Ohio Overtime Law, Overtime Exemptions, Overtime Law
Posted in Labor & Employment, Wage & Hour/Overtime Violations | No Comments »

The US Department of Labor Protects Ohio Workers from Retaliation

Receiving adequate wages for hours worked is an entitlement that many employers simply ignore or overlook. Bringing issues with your paycheck to your employer’s attention can be scary and often very intimidating.  Most employees are hesitant to complain about unpaid overtime or earned wages out of concern that they will upset their employer, leading to discipline, a hostile work environment, or even termination.  However, employees have the federally protected right to complain to their employers about how they are being paid.  This protection extends to complaining about how their co-workers are being paid.  Under the Fair Labor Standards Act (FLSA), it is illegal for any employer to fire, demote or in any other way discriminate against employees for exercising their FLSA rights. 

How are Ohio Workers Protected?

This past March, the U.S. Department of Labor (DOL) issued a new field assistance bulletin entitled Protecting Workers from Retaliation, which outlines the worker protections from retaliation for exercising their FLSA rights.   The DOL reiterated that the FLSA anti-retaliation protections “hold the promise that workers can complain to the government or make inquires to their employers about violations of the law without fear that they will be terminated or subject to other adverse action as a result.” The DOL stated that it is stepping up its enforcement of anti-retaliation protections. 

Make Complaints In Writing

The courts have held that oral inquires, or complaints are protected.  However, it is a better practice to make all inquiries or complaints in writing and state that you are exercising your FLSA rights in making the inquiry or complaint.  Then save a copy of what you give to your employer.  It takes courage to make the inquiry or complaint but understand that you are within your rights to do so, and you are protected from retaliation.  The FLSA provides broad remedies to employees who are the victim of retaliation at work for exercising their FLSA rights.  The remedies include unpaid wages, liquidated damages, attorneys’ fees, and payment for emotional distress. This could also include back pay for up to two years.

If you have brought up an issue to your employer about pay you are entitled to, or if you feel you have suffered from a hostile work environment by reaching out to your employer about unpaid wages, give us a call to see how Barkan Meizlish can help. There is no obligation to discuss your case.

The Paycheck Warriors is a bi-weekly column written by The Paycheck Warrior himself, Managing Partner Bob DeRose. Every other week, just like your paycheck, Bob will take the time to address commonly asked questions about wage and hour law. He will also take on wage and hour topics popping up in the news. Have a question? Leave a comment and see what The Paycheck Warrior has to say!

Tags: Complaints to Employer, FLSA, Issues with Pay
Posted in Wage & Hour/Overtime Violations | No Comments »

Anyone Can Be a Victim of Wage Theft

Wage theft is a significant issue that affects millions of workers each year. Unfortunately, many people do not even realize they are a victim until it’s too late. In this post, we will discuss what wage theft is and some of the most common forms it takes. We will also share resources for workers who think they may have been a victim of wage theft. So, if you are interested in learning more about this important topic, keep reading!

Wait, What IS Wage Theft?

Wage theft is the practice of employers not paying workers their full wages for all hours worked in a timely manner.   Examples include: paying less than the federal or state minimum wage, not paying overtime, not including all of the workers’ wages when paying overtime, automatically deducting the time for meal breaks when workers do not get the meal break, requiring workers to work off-the-clock or taking workers’ tips.   This is a major issue that impacts workers and their families in the short-term, as well as long run. Not only does it reduce the income that a person would have been making had they not been deprived, but wage theft also impacts loved ones by taking away money for resources like food, rent or mortgage payments, out-of-pocket healthcare costs and clothing.

What are some steps that workers can take if they experience wage theft or if they suspect that their employer is engaging in this practice?

One option is to contact the Department of Labor’s Wage and Hour Division (WHD), WHD | U.S. Department of Labor (dol.gov) which investigates wage concerns. All calls are confidential, and you can call to ask questions about labor laws even if you are not sure, you want or need to file a complaint. In Ohio you can contact the Bureau of Wage & Hour Administration to file a complaint for non-payment of regular wages or overtime at Wage & Hour | Ohio Department of Commerce.

There are organizations that help workers who are the victims of wage theft.  Many unions provide workers wage theft assistance, as well as non-profit organizations. In central Ohio, the Central Ohio Worker Center is leading resource for Ohio workers. They can be contacted at  https://centralohioworkercenter.org/.

Know Your Rights

The first step to combating and preventing wage theft is understanding your federal and state rights at work.  While some mistakes are accidental, many wage issues are a result of an employers’ policy violate state and/or federal wage laws. You should track your own hours and keep your own record of the hours you actually work.   If you perform tasks that help prepare you for your job duties or necessary after your shift is over, that is still work and you should be paid for that time.  If you are not being paid for that time, seek help.  It is important to speak up about wage theft and fight for your rights as a worker!

Wage theft is a significant issue that impacts workers and their families. This problem has been around for a long time, but it continues to persist.  This practice reduces the income of hardworking people and should not be tolerated. If you have experienced wage theft, or know someone who has, please call a union, a workers’ right center or a wage and hour lawyer to discuss your case. You may be entitled to back pay, damages, and other relief. Thank you for reading our blog post on this important topic.

The Paycheck Warriors is a bi-weekly column written by The Paycheck Warrior himself, Managing Partner Bob DeRose. Every other week, just like your paycheck, Bob will take the time to address commonly asked questions about wage and hour law. He will also take on wage and hour topics popping up in the news. Have a question? Leave a comment and see what The Paycheck Warrior has to say!

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

How Does Product Liability Work in Ohio?

Injuries and accidents happen all the time. Injuries caused by a defective product may qualify you for a product liability lawsuit.

The Consumer Product Safety Commission (CPSC) organizes its accident, injury and fatality statistics into the following categories.

• Amusement Rides
• All-terrain vehicles and recreational off-road vehicles
• Carbon monoxide
• Chemicals
• Electrical
• Electrocutions
• Fire
• Fuel, lighters and fireworks
• Furniture and decor
• Home appliances, maintenance and construction
• Kitchen and dining
• Nonpool submersions
• Nursery products
• Older adults
• Other children’s products
• Other furniture and décor
• Other sports
• Pediatric poisonings
• Playgrounds
• Pool and spas
• Portable generators
• Portable generators and engine-driven tools
• Public facilities and products
• Sports and recreation
• Tipovers
• Toys
• Toys and children’s products

As extensive as that list is, it omits cars, trucks, automotive equipment, and a whole range of other items and devices that people regularly use in their homes and at work.

The categories of consumer products that are monitored for the harms they cause exist, first, to identify dangerous and defective items. That information is then used to either make products safer or to remove them from the market.

Second, the CPSC’s list reflects the bedrock legal principle that companies and individuals who make and sell products have enforceable duties to ensure their products will not injure or kill people. Breaching those duties creates product liability.

How Does Ohio Define Product Liability?

Section 2307.71 of the Ohio Revised Code (O.R.C.) states that manufacturers or suppliers face product liability when one of the items they make or sell causes a death or injury because the item

• Was poorly designed, formulated, constructed, assembled, repaired, or tested;
• Was deceptively or fraudulently marketed;
• Lacked sufficient warnings;
• Lacked adequate instructions for safe use; or
• Failed “to conform to any relevant representation or warranty.”

This section of the O.R.C. also defines a manufacturer as “a person [or company] engaged in a business to design, formulate, produce, create, make, construct, assemble, or rebuild a product or a component of a product.” Under the law, a supplier is either “a person [or company] that, in the course of a business conducted for the purpose, sells, distributes, leases, prepares, blends, packages, labels, or otherwise participates in the placing of a product in the stream of commerce” or “a person [or company] that, in the course of a business conducted for the purpose, installs, repairs, or maintains any aspect of a product.”

Grounds for filing a product liability lawsuit exist when the use of a defective or dangerous product directly causes death, physical injury or emotional distress to a person. The use can be one time for over an extended period. Property damage from a defective or dangerous product can also merit a lawsuit.

How Long Do I Have to File a Product Liability Claim in Ohio?

Generally, section 2305.01 of the O.R.C. sets the statute of limitations for a product liability claim at two years from the date on which a personal injury or wrongful death occurred. The law further specifies that injuries or deaths that happen more than 10 years after a product was purchased will not support claims for compensation.

A major exception to the statute of limitation involves injuries or death due to an exposure or ingestion of medications or hazardous and toxic chemicals, or the implantation or use of a medical device. In those situations, the deadline for filing a product liability lawsuit extends from the date on which a diagnosis of the harm was made.

What Types of Damages Can Be Claimed in a Product Liability Lawsuit?

Ohio’s product liability laws allow victims to demand compensatory and punitive damages. Compensatory damages are monetary settlements or jury awards that cover the costs of the victim’s past and future medical treatments, replace lost wages and future earnings, and compensate the victim for physical and emotional pain and suffering.

Punitive damages are noncriminal fines assessed to penalize a negligent or reckless manufacturer or supplier. These are also called exemplary damages because the financial penalty is meant to serve as an example of what could happen to another person or company that acts in a similarly negligent or reckless way. Only a jury can award punitive damages, but a product liability claim can be settled without going to trial.

On a final note, when a dangerous or defective product kills a user, Ohio law permits the victim’s spouse, adult child, next of kin, relative, or legal executor to file a wrongful death claim on the deceased victim’s behalf.

Posted in Personal Injury | No Comments »

Re-introducing: the Paycheck Warriors at Barkan Meizlish, LLP! The Paycheck Warriors is a weekly column written by The Paycheck Warrior himself, Managing Partner Bob DeRose. Every week, Bob will take the time to address commonly asked questions about wage and hour law. He will also take on wage and hour topics popping up in the news. Have a question? Leave a comment and see what The Paycheck Warrior has to say! Today’s topic: tip credit and the 80/20 rule

How many jobs can your server have?  And which job pays them at least minimum wages? What is a tip credit?

Did you know that your busy server is actually doing three jobs at once?

An employer is required to pay their employees at least the Federal minimum wage for all hours worked, currently $7.25 per hour; however, for employees who regularly and customarily receive tips, employers may apply a “tip credit” which allows them count tips received as if it were cash payment toward the minimum wage.   Servers being paid under a “tip credit” system, can be paid as little as $2.13 per hour (in states that don’t have a state tipped employee minimum here is a link to the Department of Labor’s list of state minimum wage requirements) and the restaurant owner uses customers’ tips to make up the remainder of the minimum wage owed.   Thus, the employer gets a “credit” for the tips customers leave to apply to its obligation to pay its servers.

In 2018, the Trump administration, removed a provision of the “tip credit” that required employers to pay tipped employees the full minimum wage when they are spending more than 20% of their time performing non-tipped duties.  On December 28, 2021, the U.S. Department of Labor (DOL) reinstated the “80/20 Rule” and broadened tipped employee protections. Under the revived and renewed “80/20” rule, a tip credit is not available when tipped employees spend more than 20% of their working time on non-tipped activities. The revision also created the “30-Minute” Rule.  The “30-Minute” rule prohibits employers from taking a tip credit when a tipped employee spends more than thirty continuous minutes performing non-tipped work.

The new rule creates three categories of work:    “Tip-producing work,” “work that directly supports tip-producing work,” and “work that is not part of the tipped occupation.”

What is tip-producing work?

The DOL provided a non-exhaustive list in its final rule but defined it as “all aspects of the work performed by a tipped employee when they are providing service to the customer” and customarily and regularly receive tips.

What is directly supporting work?

According to the Rule, directly supporting work is work that is “either performed in preparation of or otherwise assists the tip-producing customer service work.”  The DOL provided another non-exhaustive list of what it considers directly supporting work.  The directly supporting work are tasks that an employer assigns and are foreseeable such as refilling condiment containers, rolling silverware, setting tables, bussing tables, and cleaning up the table areas.   Servers waiting for customers to wait on is considered “directly supporting work.”   An employer cannot take a tip credit for directly supporting work that exceeds 20% of the server’s workweek or performed for more than 30-minutes at a time.

What is work that is not part of the tipped occupation?

Everything else.

Confused?    Not surprising! The reinstated and revised “80/20 Rule”  does give servers more protections.  It will be a challenge for employers to categorize a tipped employee’s hours worked each week, but they must do it if they want to comply with the FLSA and pay employees correctly.  It is important to note that the “80/20” Rule applies to all tipped employees, not just restaurant workers.   If are a tipped employee with questions about how your employer pays you, feel free to call us at Barkan Meizlish DeRose Cox, LLP.

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

Re-introducing: the Paycheck Warriors at Barkan Meizlish, LLP! The Paycheck Warriors is a bi-weekly column written by The Paycheck Warrior himself, Managing Partner Bob DeRose. Every other week, just like your paycheck, Bob will take the time to address commonly asked questions about wage and hour law. He will also take on wage and hour topics popping up in the news. Have a question? Leave a comment and see what The Paycheck Warrior has to say! Today’s topic: shift differentials

Employers must include shift differential in regular rate when calculating overtime.

You are working an afternoon shift at your company.  You work six 8-hour shifts and get paid overtime for all hours you work over 40-hours per week. That sounds great until they forget about the fact that every afternoon shift worker has their hourly rate increased by $0.50 per hour – or a  shift differential. When a worker is paid a shift differential, that additional money must be added to the hourly rate, or what is called the regular rate, when calculating the rate that overtime hours are paid.   If the company does not include the shift differential when calculating overtime pay,  the workers are being cheated out of their hard-earned money!

The Department of Labor (DOL) has specific rules on how overtime must be paid.  Overtime is paid at 1.5 times a worker’s “regular rate” not their hourly rate. One of the most common mistakes employers make is not including shift differential in the regular rate when paying overtime.   So, what does the FLSA consider an employee’s “regular rate?”    To compute the regular rate, you take all compensation an employee earned in a workweek and divide  it by the total hours worked in that workweek.

Example:

Employee makes $10.00 per hour and works 50-hours per week.  The overtime rate for the 10-hours she worked over forty is $15.00 per overtime hour.  The regular rate is in this example is the same as the hourly rate.   However, if she received a $0.50 per hour shift differential during the week, her regular rate has to include $0.50 for each hour she was paid the shift differential.

Let us say she usually works day shift and is paid $10.00 per hour but gets $10.50 ($0.50 shift differential) when she works afternoon shift.  In our example she worked two 8-hour afternoon shifts in the week she worked 50-hours.   Her regular rate is calculated by taking 34-hours multiplied by $10.00 ($340.00) and 16-hours multiplied by $10.50 ($168.50) for a total of $508.00.  Divide the $508 by 50-hours and her regular rate is $10.16.  Thus, each overtime hour must be paid at 1.5 times $10.16 or $15.24.

In our example, if her employer did not include the shift differential in her regular rate then she was cheated out of ten overtime hours at $15.24, or $2.40 for that week.  This amount may not seem like much to the reader, but for her, since she did the work, it is wage she earned and is entitled to receive.

In Conclusion:

DOL overtime rules are complex, but overtime is one of the most regulated areas in employment. If an employer fails to pay overtime correctly, an employee could file a wage and hour claim against them. Those claims can get expensive as they often result in back overtime wages plus liquidated damages that must be paid to employees who win their case(s).

I hope that you found this blog post helpful. I would love to hear your feedback or any questions about the topic discussed in my blogs at barkanmeizlish.com/blog.

Thank you for reading!

Bob DeRose, Esq.

Attorney at Law | The Paycheck Warrior!

barkanmeizlish.com/blog | bderose@barkanmeizlish.com | 614-221-4221 (office) | 614-832-5297(cell) ©2022 All Rights Reserved.

Neither Barkan Meizlish DeRose Cox, LLP, nor the author intends to create an attorney-client relationship by providing information through this blog or otherwise. The transmission of information from this blog or the provision of any email correspondence to Barkan Meizlish DeRose Cox, LLP or the author does not create an attorney-client relationship. This blog is not intended to be legal advice and is provided for informational purposes only. Laws change frequently, and across jurisdictions.

This information is not a substitute for individualized legal advice. Although we have attempted to provide accurate and current information, the laws in your jurisdiction may be different from those described here. If you have questions about your specific wage issue, you should contact an attorney to seek specific advice. If you have any questions about overtime or would like more information on how to correctly pay overtime, please contact Barkan Meizlish DeRose Cox, LLP. We are happy to help!

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

Paraquat linked to increased rates of Parkinson’s disease

Paraquat dichloride (a.k.a. “paraquat”) is the most common brand of herbicide in the United States. Also referred to as Gramoxone, Paraquat is a chemical pesticide used to kill leaves that it comes into contact with. Applied as a spray, it has been used to clear fields before planting in United States commercial farming and agriculture since the 1960s. Applicators typically spray it on commercial crops such as corn, soy and cotton.

Paraquat is extremely toxic and harmful to humans. Ingesting as little as one sip of paraquat can kill you. Manufacturers mix paraquat with blue dye so that it is not confused with a food product. The U.S. Environmental Protection Agency (“EPA”) classifies paraquat as a restricted use pesticide, meaning only certified pesticide applicators can use it. To be a certified pesticide applicator, a person must take an EPA-approved training and examination, and continue to be regulated by the state where they acquire and apply paraquat. Once certified, the individual becomes a “commercially licensed applicator.” Unfortunately, commercially licensed applicators of paraquat are “the most at risk for exposure.”[1]

Exposure can incur by ingestion, inhalation, and skin exposure. Safety measures exist to prevent accidental ingestion, direct inhalation, and/or exposure while mixing and applying. Unfortunately, the commercially licensed applicators and those who work with them (including groundskeepers, farmers, growers, pickers, and other agricultural workers), are exposed to paraquat residue on their clothes, skin, and hair. They are also exposed to mist drift when the wind changes while they are applying the pesticide.

Multiple scientific studies have linked repeated exposure to paraquat in low doses to the development of Parkinson’s disease. Parkinson’s disease effects the human neurological system. Individuals diagnosed with Parkinson’s disease often experience reduced control over their fine motor skills.  As a result, tremors, loss of balance and coordination, slower movement, and rigid limbs are all associated with this devastating disease. Unlike other neurodegenerative diseases, the genetic cause of Parkinson’s is not completely clear and thought to be low. However, the link between Parkinson’s and exposure to pesticides such as Paraquat has been demonstrated through numerous scientific studies. “People who used [paraquat] developed Parkinson’s disease approximately 2.5 times more often than non-users.”[2]

Commercially licensed applicators and other agricultural workers exposed to smaller amounts of the chemical over a long period may not manifest symptoms for years.  Many commercially licensed applicators and other agricultural workers who have been exposed to Paraquat and later developed Parkinson’s disease are filing lawsuits against the manufacturers. If you or a loved one was exposed to paraquat and developed Parkinson’s disease, you should seek legal advice on your rights.

Believe you were affected? Contact our Paraquat attorneys.

– Bob DeRose

[1] https://emergency.cdc.gov/agent/paraquat/basics/facts.asp

[2] Robin Arnette, NIH study finds two pesticides associated with Parkinson’s disease., National Institute of Health, February 11, 2021

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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.

Tags: FLSA, Wage & Hour
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Can an Employer Be Sued for Emotional Distress in Ohio?

Work is stressful enough as it is without your superiors intentionally causing you emotional distress through targeted actions. If your employer or managers have taken deliberate action that resulted in you experiencing emotional distress, then you can file an emotional distress lawsuit. However, it is important to note that in the state of Ohio, the classification of a case like this is extremely specific and, as a result, difficult to win. 

If you have sufficient proof that some action by the company’s managers triggered profound shame, fear, embarrassment, depression, or post-traumatic stress, then you may very well be entitled to compensation. Contact the Columbus employee rights attorneys at Barkan Meizlish today to find out if you have a case for an emotional distress lawsuit. The initial consultation is free, so you have nothing to lose.

Grounds for Bringing an Emotional Distress Lawsuit Against an Employer

It is important to note that state laws in Ohio make it nearly impossible for employees to sue their employers after work-related accidents induce emotional distress. That is to say, personal injury lawsuits, which often include emotional distress claims, almost never move forward against employers when the plaintiff is an employee unless the emotional distress is caused by another clearly violated law.

Most claims related to an on-the-job injury or illness must be handled through the workers’ compensation program. A workers’ comp claim can include requests for the coverage of treatment for mental and emotional problems that develop as a result of an injury or illness, but the program will not approve a claim for emotional distress specifically. If you have reason to believe you were targeted by an employer or manager and it led to you experiencing emotional distress, then you need to hire an Ohio emotional distress attorney to take your case.

The types of lawsuits against employers that can include claims for emotional distress usually relate to violations of employment laws that prohibit discrimination, harassment, and illegal forms of retaliation. For instance, a worker who brings a wrongful termination lawsuit can include a claim for the emotional distress they suffered while unemployed and struggling financially.

Stress itself cannot support either a workers’ comp claim or a lawsuit against an employer. Lawmakers and courts expect all jobs to be stressful and therefore rule out emotional distress claims in and of themselves without an underlying cause that is in violation of another law. An employer can only be sued when its managers deliberately make a position more stressful than it needs to be in order to harm an employee or to compel the employee to quit.

Can I Sue for Emotional Distress?

To succeed in convincing a judge and jury that you suffered emotional distress because of something your employer did, you must present convincing evidence of all the following facts:

• Your employer acted recklessly or with intent,
• The action was illegal or extreme and outrageous,
• The action directly caused your emotional distress, and
• Your emotional distress was severe.

Proving intent in an emotional distress case can be challenging, but documenting complaints about distressing treatment such as harassment or discrimination will significantly help your case when you decide to take action. Partnering with an experienced and understanding employee rights attorney like those at Barkan Meizlish will help you cite which laws were violated and make a case for actions well beyond ordinary teasing or everyday stressors.

You can use medical records, insurance claims, pharmacy bills, and therapists’ notes to demonstrate the connection between the action and your emotional distress. In addition, this information can also be used in determining the severity of the emotional distress caused by your employer.

Finally, to secure a jury award, you must be able to show that your employer knew about the issue that was causing emotional distress and either caused the issue or did nothing to resolve it. Internal records of meetings and emails can be essential forms of proof in this regard and should always be documented for use in your emotional distress lawsuit.

Columbus Emotional Distress Attorney

Here at Barkan Meizlish DeRose Cox, LLP, our attorneys specialize in employee rights laws which means we are always on your side. We provide the assistance you deserve and can determine whether or not you have a valid emotional distress case upon your initial consultation, which is always free of charge. Contact the Columbus employee rights attorneys at Barkan Meizlish today to determine if you have a case and to get the compensation you deserve.

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