Employment Law Articles that apply to All of the States
Movie Theaters are exempt from federal overtime laws
The federal Fair Labor Standards Act (FLSA) exempts employees of motion picture theaters from the FLSA's overtime requirements. 29 USC 213(b)(27) . Ohio's overtime laws incorporate the FLSA's exemptio...
posted by Neil Klingshirn | Jul 14, 2009 6:48 PM [EST] in Overtime | applies to All States
Negotiating Severance Agreements
Parties bargaining to reach a mutually acceptable outcome must, as with any negotiation: Have a shared desire to resolve the dispute; Identify the interests at stake; Invent options for mutual gain; S...
posted by Neil Klingshirn | Jul 14, 2009 5:43 PM [EST] in Severance pay | applies to All States
How to Value Claims for Severance Negotiations
This article describes a process for employment lawyers to use to place a value on a severance pay offer. It involves identifying claims, identifying the damages associated with those claims, discount...
posted by Neil Klingshirn | Jul 14, 2009 5:41 PM [EST] in Severance pay | applies to All States
Closing the Severance Pay Negotiation with Non-economic Terms
The amount of severance that an employer is willing to pay an employee, though usually the single most important item addressed in severance negotiations, is only one severance issue. Additional issue...
posted by Neil Klingshirn | Jul 14, 2009 5:36 PM [EST] in Severance pay | applies to All States
Military Employment Leave: Uniformed Services Employment and Reemployment Rights
Federal USERRA The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was signed into law on October 13, 1994. USERRA clarifies and strengthens the Veterans' Reemployment Right...
posted by Neil Klingshirn | Jul 14, 2009 5:28 PM [EST] in Military, USERRA | applies to All States
The Role of Contracts in Employment Law
Contracts play a central role in employment law. The most basic employment arrangement, at-will employment, is purely contractual in nature. Floyd v. DuBois Soap Co. (1942), 139 Ohio St. 520, 530-531,...
posted by Neil Klingshirn | Jul 14, 2009 5:25 PM [EST] in Contracts | applies to All States
Regular Rate of Pay for Calculating Overtime Pay
Overtime is calculated based on the employee’s actual, or “regular rate” of pay. The regular rate of pay includes not only the normal hourly rate, but all compensation for employment paid to, or...
posted by Neil Klingshirn | Jul 14, 2009 5:13 PM [EST] in Overtime | applies to All States
Hours Worked Under the Fair Labor Standards Act for calculating Overtime
The amount of overtime owed to an employee is the Regular Rate multiplied by the number of Hours Worked during a Workweek . This Article covers Hours Worked. Hours worked includes all time during whic...
posted by Neil Klingshirn | Jul 14, 2009 5:12 PM [EST] in Overtime | applies to All States
The Work Week
The workweek is a fixed and regularly recurring period of seven consecutive 24-hour periods. The employer sets the workweek. It can begin on any day and at any hour of the day. An employer may use a w...
posted by Neil Klingshirn | Jul 14, 2009 5:10 PM [EST] in Overtime | applies to All States
Minimum Wage and Overtime Exemptions
The Fair Labor Standards Act (the "FLSA") excludes individuals from coverage and exempts others from overtime and/or the minimume wage. The FLSA excludes individuals in the definition of "employee" in...
posted by Neil Klingshirn | Jul 14, 2009 5:09 PM [EST] in Overtime | applies to All States