Sales Tax On Attorney's Fees
Can you believe that Ohio's Governor has proposed a 5% sales tax on attorney's fees? If enacted, this proposal could require employees like you to pay sales tax on any attorney's fees that they pay to enforce their employment rights. Additionally, you would have to pay sales tax when you need to hire an attorney for legal services such as to write a will or administer an estate, to adopt a child or get divorced, or to file for bankruptcy. I am a member of bar associations that have spoken against this legislation, such as the Ohio State Bar Association and the Cleveland Metropolitan Bar Association. We believe that it places an unnecessary burden on Ohio workers and impedes access to the legal system. Hopefully, the proposal will not become law. I will keep you informed of the status of this proposal. What can you do??? Contact your state representative and ask him or her to vote against a sales tax on legal services.
Top Rated Lawyer in Labor and Employment
American Lawyer Media and Martindale-Hubbell™ recently selected me as a 2013 Top Rated Lawyer in Labor & Employment. American Lawyer Media is a leading provider of news and information to the legal industry.
Illegal For Employer To Take Portion Of Tips
With rare exception, it is illegal for an employer or supervisor to take a portion of a waiter or bartender's tips. According to the U.S. Department of Labor Wage and Hour Division, "tips remain the property of the employee that received them and the employee cannot be required to turn over his or her tips to the employer." U.S. DOL Fact Sheet #15A. Although tip pooling among certain employees is permitted, a "valid tip pool may not include employees who do not customarily and regularly receive tips, such as dishwashers, cooks, chefs, and janitors." U.S. DOL Fact Sheet #15.
Arbitration Agreements
Upon hiring an employee, some employers require the signing of an arbitration agreement. By agreeing to arbitration, the employee may waive the right to a jury trial even if the employer engages in illegal activities, such as discrimination, years later in the employment relationship. Instead, if the arbitration agreement is valid, any dispute would be resolved by an arbitrator, who often is a retired judge or other lawyer (rather than a jury of the employee's peers). An employee should consider any requirement to sign an arbitration agreement when weighing job offers.
Complaining To Co-Workers About Work Conditions
The National Labor Relations Act protects workers from being fired or disciplined for discussing or complaining about work conditions with fellow employees. Although the Act generally governs union activities or efforts to form a union, Section 7 of the Act applies to non-union work places as well. It provides: "Employees shall have the right . . . to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection."
Severance Agreements
When terminating employees, the employer often asks the employee to sign a severance agreement, where the employee agrees to accept a nominal sum of money in exchange for releasing his or her right to sue for employment discrimination and other types of wrongful termination. If your employer asks you to sign a severance agreement, you should have an attorney review it and advise you of your rights.
Retaliation for Planning to File Workmen's Compensation Claim
An employee may file an Ohio common law claim for retaliatory firing after reporting a workplace injury to his or her employer, even if the employee had not yet filed for workers' compensation. In order to prevail, the employee must prove that the termination was retaliatory and that the employer lacked an overriding business justification for the firing. The Ohio Supreme Court's ruling is an extention of the rights provided in Ohio Revised Code Section 4123.90, which prohibits firing of workers in retaliation for filing workers' compensation claims. Even if the employee had not yet filed for workers' compensation, the law is now clear that the employee can pursue a common law action. Sutton v. Tomco Machining, Inc., 129 Ohio St.3d 153, 950 N.E.2d 938 (2011).
Equal Pay Act
Pursuant to the Equal Pay Act of 1963, an employer cannot pay a woman less than a man (or vice-versa) for a job that requires equal skill, effort and responsibility and that is performed under similar working conditions. Exceptions are permitted when the payment is made pursuant to a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or any other legitimate business reason.
AV Preeminent Peer Review Rating
Stephan Voudris recently received the highest possible Peer Review Rating by Martindale-Hubbell in the Litigation Practice Area: an AV Preeminent Rating of 5.0 out of 5.0. Peer Review Ratings attest to a lawyer's legal ability and professional ethics in specific Areas of Practice, and reflects the confidential opinions of members of the Bar and Judiciary. The Legal Ability Rating reflects the professional ability in the area where the lawyer practices, the lawyer's expertise, and other professional qualifications. Peer Review Ratings are based on performance in specific areas, rated on a scale of 1-5; 1 being lowest and 5 being highest: Legal Knowledge, Analytical Capabilities, Judgment, Communication Ability and Legal Experience. The AV rating reflects that the lawyer meets the very high General Ethical Standards. AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell® certification procedures, standards and policies.
Justice Department Sues Allied Home for Broker Fraud
The Justice Department is taking action against a home mortgage lender for conduct that led to the housing crisis. In a civil fraud action filed in New York, the complaint alleges that Allied Home Mortgage Capital Corp. engaged in reckless mortgage lending, violated FHA mortgage insurance requirements, and lied about its compliance. U.S. ex rel. Belli v. Allied Home Mortgage Capital Corp., No. 11-05443 (S.D.N.Y.).
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