Workers in Licking County are protected by both state and federal law. These laws prohibit employers from wrongfully terminating someone, such as when the grounds are discriminatory, and they ensure that all employees in the state receive an honest and fair wage. There are also laws that protect workers from certain actions in the workplace, such as sexual harassment. While there are many laws in place, they are complicated and they are also not always easy to understand. Our Licking County employment law attorneys can explain your rights and ensure they are upheld.
Ohio sets its own minimum wage each year. Tipped and non-tipped employees have different minimum wages, but the tips employees receive in addition to their wage must be equal to the minimum wage for non-tipped employees. Employers do have the right to make certain deductions from a worker’s paycheck. However, these deductions cannot be so great they result in the employee earning less than the minimum wage.
State law also outlines its own overtime laws, but these largely mirror the federal Fair Labor Standards Act (FLSA). Under these laws, individuals that work more than 40 hours in one workweek have the right to overtime pay that is equivalent to one-and-a-half times their regular earnings. Some workers, such as independent contractors, are exempt from this law and employers sometimes misclassify workers to avoid paying them appropriately.
Ohio is an at-will employment state, just as every other state in the nation is. This means that employers have the right to fire workers at any time, and for any reason. Still, there are times when terminating an employee is illegal. One of the main forms of wrongful termination is when a worker is fired for discriminatory reasons. Title VII of the Civil Rights Act prohibits employers from terminating workers based on their race, religion, gender, and other protected classes. Any time an employee is fired based on these reasons, they can take legal action against their employer.
There are two types of sexual harassment in the workplace. The first is known as quid pro quo. Quid pro quo harassment occurs when an employer solicits sexual favors from a worker in exchange for something, like a promotion or positive performance review. This type of harassment is fairly obvious, and it is also becoming much rarer in the workplace.
Sexual harassment that creates a hostile work environment is much more common. A hostile work environment is one that is so severe, it interferes with the worker’s ability to perform their employment duties. In order for a hostile work environment to exist, the behavior must be pervasive and ongoing. This type of sexual harassment is much more common today.
If you feel as though your employer broke the law or violated your rights, our Licking County employment law attorneys at Marshall Forman & Schlein are here to help. Call us today or contact us online to request a consultation with one of our skilled attorneys and to learn more about how we can help.
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