Mezibov ButlerCincinnati Employment Law & Personal Injury Lawyers | Mezibov Butler2024-02-22T18:23:37Zhttps://www.mezibov.com/feed/atom/WordPress/wp-content/uploads/sites/1200161/2020/11/favicon-16-16.jpgOn Behalf of Mezibov Butlerhttps://www.mezibov.com/?p=487852024-02-22T18:23:37Z2024-02-22T18:23:37ZEligibility requirements
To qualify for FMLA, employees need to work for a covered employer. These employers may include private-sector businesses with 50 or more employees, public agencies and public or private elementary or secondary schools.
Additionally, employees must have worked for the employer for at least 12 months and clocked in at least 1,250 hours during the previous year.
Covered reasons for leave
FMLA allows eligible employees to take up to 12 weeks of unpaid leave within 12 months for various reasons, including the birth and care of a newborn child and caring for an immediate family member with a serious health condition. Employees may take leave to address serious health condition that prevents them from performing important job functions.
Families with deployed family members in the military experience unique challenges during their adjustment periods, such as scheduling and childcare difficulties. In addition, families can take leave to care for a covered service member with a serious injury or illness.
Job protection and benefits continuation
One of the primary benefits of FMLA is job protection. When employees return from FMLA leave, they should receive their original position or an equivalent one with equivalent pay, benefits and other employment terms. Additionally, during FMLA leave, employers need to continue providing group health insurance benefits on the same terms as if the employee had continued working.
Employees can take FMLA leave intermittently or on a reduced schedule when medically necessary. This flexibility allows employees to attend medical appointments or address family needs without taking full days off or worrying about their employment.]]>On Behalf of Mezibov Butlerhttps://www.mezibov.com/?p=487842024-02-22T18:16:25Z2024-02-22T18:16:25ZIdentifying quid pro quo sexual harassment
From 2018 to 2021 people reported 98,411 sexual harassment complaints, and 5,581 individuals received sexual harassment charges. One key aspect of quid pro quo sexual harassment is the unequal power dynamic between the harasser and the person undergoing harassment. The harasser typically holds authority over the other individuals, whether a supervisor, manager, teacher or another figure in a position of power. This person may use this authority to pressure other individuals into engaging in unwanted sexual activity or to create a hostile environment.
Examples of quid pro quo sexual harassment
Quid pro quo sexual harassment can take many forms and be implicit or explicit. For example, a supervisor might suggest that an employee will receive a promotion or favorable treatment in exchange for going on a date or engaging in sexual activity. In an educational setting, a teacher might imply that a student’s grades will improve if they comply with sexual advances.
Responding to quid pro quo sexual harassment
If you experience or witness quid pro quo sexual harassment, take action. Document the incidents, including dates, times and any witnesses present. Speak with a trusted adult, human resources, a counselor or a family member, about your experiences. They can offer support and guide you in your next step, including reporting it to a higher authority or seeking outside assistance.
No matter what type of sexual harassment is present, it is illegal. These situations can be incredibly distressing for others and can have long-lasting effects on their well-being.]]>On Behalf of Mezibov Butlerhttps://www.mezibov.com/?p=487832024-01-25T19:23:20Z2024-01-25T19:23:20Z1. Unfair treatment in hiring
Job applicants with disabilities often face discrimination during the hiring process. Employers may overlook their qualifications due to preconceived notions or biases. This creates barriers for individuals with disabilities to enter the workforce and contribute to society. In 2022, 21.3% of people with a disability had a job.
2. Inadequate accommodations
One form of discrimination manifests in the failure to provide reasonable accommodations for employees with disabilities. These accommodations, such as accessible workspaces or modified work hours, are necessary for individuals to perform their tasks effectively. When employers neglect these adjustments, it hampers the employee's ability to succeed in their role.
3. Harassment and hostility
Workplaces can become hostile environments for employees with disabilities. Harassment, in the form of offensive comments, jokes or derogatory remarks, creates a toxic atmosphere. Such behavior not only affects the targeted individuals but also perpetuates a culture of discrimination that goes against the principles of a diverse and inclusive workplace.
4. Unequal opportunities for advancement
Career advancement opportunities should be accessible to everyone, regardless of disability. However, some individuals with disabilities face discrimination when it comes to promotions or career development. This can lead to a stagnant career trajectory, limiting professional growth and reinforcing systemic inequality.
While more people with disabilities are joining the workforce, unfortunately, they may also face some forms of discrimination. It is important to remember that every worker has the right to fair treatment.]]>On Behalf of Mezibov Butlerhttps://www.mezibov.com/?p=487742023-11-03T17:01:53Z2023-11-03T17:01:53ZAccommodations for pregnant workers
The Pregnant Workers Fairness Act requires employers to provide reasonable accommodations to pregnant employees. These accommodations could include adjustments to work schedules, more frequent breaks or a safer work environment. By law, employers now must make these accommodations to ensure that pregnant women can continue working without jeopardizing their health or the health of their unborn child.
Protection against discrimination
The act also prohibits discrimination against pregnant workers. Employers cannot make decisions about hiring, firing, promotions or job assignments based on an employee's pregnancy or related conditions.
Notification and education
The act also emphasizes the importance of educating employees about their rights under the law. Employers must notify their employees about their rights and responsibilities under the Pregnant Workers Fairness Act. This ensures that women are aware of their entitlement to accommodations.
Legal recourse
Should an employer fail to follow the act, employees have legal recourse. They can file a complaint or take legal action against their employer for failing to provide reasonable accommodations or discriminating against them due to pregnancy.
According to the National Partnership for Women and Families, about 70% of pregnant women in the United States work during pregnancy. The Pregnant Workers Fairness Act is a significant step toward achieving gender equality in the workplace.]]>On Behalf of Mezibov Butlerhttps://www.mezibov.com/?p=487622023-09-25T18:40:38Z2023-09-25T18:40:38Z1. Invasive body language
Non-verbal cues can be indicative of sexual harassment. Invasive body language, like unwanted touching, invading personal space or leering, can make an individual feel vulnerable and objectified.
2. Cyber harassment
Cyber harassment has become increasingly common. Sending explicit emails, sharing inappropriate content or making sexual advances through messaging platforms can be subtle forms of sexual harassment.
3. Gender-based microaggressions
Subtle gender-based microaggressions may not always be explicitly sexual but can still contribute to a hostile work environment. These include making derogatory comments based on gender stereotypes, belittling or undermining a colleague's abilities due to their gender, or treating one gender unfairly in promotions or opportunities.
4. Isolation and ostracization
Sexual harassment can lead to the isolation of the victim. Colleagues may avoid interacting with the targeted individual, making them feel unwelcome or excluded.
5. Inappropriate comments and jokes
One of the most subtle signs of sexual harassment is the use of inappropriate comments and jokes. These remarks may seem harmless on the surface, but they can create an uncomfortable atmosphere for the targeted individual. Such comments often include lewd jokes or comments about a colleague's appearance or personal life.
Sexual harassment continues to rise in the workplace, making up almost 30% of all workplace harassment charges. By fostering an atmosphere of respect and open communication, workplaces can empower victims to come forward and ensure that everyone can work without fear of harassment or discrimination.]]>On Behalf of Mezibov Butlerhttps://www.mezibov.com/?p=486862023-08-02T01:50:22Z2023-08-02T01:50:22ZOhio Civil Rights Commission can help.
Speak to the offender
The first thing you do is speak to the person harassing you. Make it very clear that you want their behavior to stop immediately.
Speak with your co-workers
Ensure your co-workers know about the behavior so they can document it and watch out for themselves.
Keep records
Make sure you document each incident. This is extremely helpful if there is an investigation.
Follow company policy
Speak to your human resource department. They can help you with the exact procedure for reporting and stopping sexual harassment. Some companies take a harder approach than others, and following company procedures can help if there is an investigation.
File a formal complaint
If none of the other steps remedy the situation, it is time to file a formal complaint with the Ohio Civil Rights Commission. The company can not retaliate against you for filing a complaint, but you may want to speak with an attorney during this process.
Mediation and investigation
A mediator can help to rectify the sexual harassment. You can refuse mediation if you do not think it will help. If mediation fails or you decide against it, the Ohio Civil Rights Commission will begin an investigation. They will interview witnesses and gather evidence.
In the case of sexual harassment, it is always best to know your rights and follow through with your complaint. If you do not, the harassment will continue.]]>On Behalf of Mezibov Butlerhttps://www.mezibov.com/?p=486852023-07-22T20:59:19Z2023-07-22T20:59:19ZThe proposal from Cotton
The proposed legislation, called the HEALING Mothers and Father Act would change the FMLA to include time off due to the loss of an unborn child. It would give the full 12 weeks of time under the FMLA to individuals who lose a child due to stillbirth or miscarriage. It would not change the requirements to be eligible or for eligible employers. It also would not be allowable in cases of a planned abortion.
The impact of the loss of an unborn child
Many people are on board with this amendment because the loss of an unborn child can cause serious psychological distress to parents. Studies show that the loss can also impact future pregnancies, making this more high-stress than is typical. Giving parents time to grieve the loss is just as important as it would be if they lost a living child.
Amending the FMLA to allow employees time off for the loss of an unborn child is a movement currently happening in Washington under the direction of Senator Cotton. If passed, it would allow parents to take up to 12 weeks off for a miscarriage or stillbirth.]]>On Behalf of Mezibov Butlerhttps://www.mezibov.com/?p=486792023-06-27T01:03:10Z2023-06-27T01:03:10ZA tool for transparency
Pay stubs offer you a transparent breakdown of your earnings. You can see not just your gross income, but also deductions like taxes, and additional compensation, such as overtime pay. This clarity is essential to ensure your employer is paying you correctly and you are not a victim of wage theft.
Understanding your pay stub can give you control and knowledge over your financial situation. This information can assist you in financial planning, applying for loans or rentals and even resolving potential disputes about your income.
The Pay Stub Protection Act
The Pay Stub Protection Act proposes that employers provide their employees with either paper or electronic pay stubs. The pay stubs must contain specific information, including your name, address, employer's name, total gross wages, total net wages and detailed deductions or additions to your wages. This transparency is what you need to ensure fair compensation.
If your employer fails to provide a pay stub upon request, the Ohio Director of Commerce can step in to rectify the situation. While the bill does not suggest fines or jail time for non-compliant employers, they might have to display the violation publicly on their premises for a ten-day period.
Requiring employers to provide pay stubs offers clear benefits to you as an employee. Therefore, adopting policies like the Pay Stub Protection Act is not just an important step, but a necessary one to protect and empower the workforce.]]>On Behalf of Mezibov Butlerhttps://www.mezibov.com/?p=486782023-05-24T01:43:49Z2023-05-24T01:43:49ZWhat does the law say about overtime requirements?
The U.S. Department of Labor explains that, according to the Fair Labor Standards Act, employees must receive overtime pay of at least time and one-half their regular pay for hours worked in excess of 40 hours in one workweek. The FLSA defines a workweek as a fixed and regularly recurring period of 168 hours. The provisions of the FLSA are federal laws and therefore apply to eligible employees nationwide.
What can I do if my job denies me overtime pay?
Your first priority when an employer violates your rights to fair payment is often to file a complaint with the Department of Labor's Wage and Hour Division. You also have the right to pursue a civil lawsuit against your job after which your employer must render court-mandated compensation to you if the court rules in your favor.
If your circumstances fall under terms of overtime as per the Fair Labor Standards Act, then your job has no right to deny you overtime pay. If your employer attempts to do so, then it is important to defend yourself through legal action.]]>On Behalf of Mezibov Butlerhttps://www.mezibov.com/?p=486762023-04-29T13:18:45Z2023-04-29T13:18:45ZWhat are the requirements for FMLA?
The basic FMLA requirements are that you work for your employer for at least 12 months and for at least 1,250 hours over the last 12 months. There is also a requirement that the company you work for employs at least 50 workers within a 75-mile radius of its central location. If you meet these requirements, then you are eligible for FMLA even if you work from home.
When does FMLA not apply to remote workers?
If your employer's central office does not employ 50 or more workers within a 75-mile radius, you will not be eligible for FMLA. In other words, a company that primarily employs remote workers a significant distance away from the central office from which they receive work is not likely to be an FMLA-eligible workplace.
Working from home does not exclude you from FMLA benefits unless your employer does not meet the requirement of employing a certain amount of workers within close proximity to the central office. If your employer wrongfully denies you FMLA benefits on the basis of being a remote worker, you may have grounds to pursue additional legal action.]]>