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Bolek Besser Glesius Selected by “The Best Lawyers in America”

We are very pleased to announce that Amy S. Glesius, Cathleen M. Bolek, and Matthew D. Besser have each been selected for inclusion in the 2016 edition of The Best Lawyers in America in the field of Employment Law – Individuals. We are also especially proud to announce that Best Lawyers has once again named Amy S. Glesius its Cleveland Employment Law – Individuals “Lawyer of the Year.” [Read more…]

Major News on Overtime Pay Law

Over the past few weeks there have been two big developments regarding federal overtime pay and minimum wage law. Recent policy announcements by both the White House and the Department of Labor offer the promise of greater protection from wage exploitation for millions of working men and women. For many Cleveland employees with wage and hour claims, this is potentially a very big deal. [Read more…]

Can Ethnic Restaurants Hire Based on Race?

I love sushi. And Mexican food. At the local Cleveland sushi restaurant I go to, all the wait staff is of Asian descent. At my favorite Mexican restaurant, virtually all the staff is of Latin or Hispanic descent. I’ll bet you found the same to be true the last time you went for sushi or Mexican. Why is this? And is it legal for a restaurant to hire only people of the same ethnicity as the food it serves? That employment discrimination issue was the topic of a podcast by Freakonomics last week. [Read more…]

High Court Reaffirms Right of Employees to Religious Accommodations

Can an employee sue for religious discrimination due to an employer’s failure to accommodate religious practices when the need for the accommodation is obvious, but the employee did not explicitly request one? Yes, according to an 8-1 decision yesterday from the Supreme Court.

Back in October, we wrote about a pending Supreme Court case involving a Muslim woman denied employment by Abercrombie & Fitch because she wore a religious headscarf. Yesterday, the Court decided the case, holding that employers cannot refuse to hire applicants based on an assumption that they would require an accommodation due to their respective religious practices. The decision should help protect employees from having to choose between their jobs and their religious beliefs. The case is U.S. Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. [Read more…]

New Guidelines Issued for Employer Wellness Programs Under the ADA

This week, the U.S. Equal Employment Opportunity Commission published several new proposed rules, designed to explain how the federal disability discrimination law, the Americans with Disabilities Act (“ADA”), applies to employer wellness programs. The rules provide important guidance for employers and employees in Cleveland workplaces about how to balance the dual goals of protecting the rights of individuals with disabilities and promoting healthy workplaces. [Read more…]

A Win for (Most) Pregnant Employees at the Supreme Court

In a 6-3 decision yesterday, the U.S. Supreme Court sided with a pregnant employee who brought a discrimination lawsuit against her employer for refusing to grant a pregnancy-related lifting restriction. While the case is an important victory for employees overall, in some cases, the Court’s ruling might actually make it harder for victims of pregnancy discrimination to prove their claims. The case is Young v. UPS, Case No. 12-1226.

As Cleveland pregnancy discrimination lawyers, we have seen a number of cases involving pregnant workers denied lifting restrictions by their employers, particularly in the healthcare field and factory setting. For these employees, the Court’s decision is going to have a significant impact on whether they can successfully pursue a claim. [Read more…]

A Big Change for Same-Sex Spouses and Medical Leave Under the FMLA

Beginning on March 27, 2015, a big change in the Family and Medical Leave Act (the “FMLA”) will protect Ohio employees in same-sex marriages for the first time. On that day, a new regulation issued by the Department of Labor in the wake of the U.S. Supreme Court’s decision in United States v. Windsor will change the FMLA definition of “spouse” to include lawfully married same-sex spouses. As a result, Ohio employees in same-sex marriages entered into in other States will finally be afforded the same protections granted to other married couples under the FMLA. [Read more…]

Am I Protected if I Complain About Corporate Fraud Internally?

It takes guts to speak up when your employee breaks the law. But not all whistleblower complaints are created equal. When an employee reports corporate fraud or shareholder fraud to a supervisor or someone else inside the company—as opposed to a government agency—there can be a question whether that report entitles the employee to protection from retaliation.

If you are an employee in Cleveland, Akron, or anywhere else in Ohio who reported fraud by your employer and were retaliated against as a result, the Cleveland whistleblower attorneys at Bolek Besser Glesius LLC may be able to help. [Read more…]

Can you recover emotional distress damages under Sarbanes-Oxley?

The Sarbanes-Oxley Act of 2002 (“SOX”) provides remedies for employees of publicly traded companies who are retaliated against by their employers for reporting suspected corporate fraud or other misconduct related to shareholders. A recent case decided by the United States Court of Appeals addressed an important question that is not completely clear from the language of the statute itself: whether SOX whistleblowers can recover emotional distress damages. Siding with the Department of Labor and two previous federal Courts of Appeal to examine the issue, the Court answered yes.

Although the case did not arise in Ohio, it has potentially significant ramifications for employees who find that they need a Cleveland corporate fraud whistleblower attorney. [Read more…]

DOJ Takes New Position on LBGT Employment Discrimination

On December 18, 2014, the United States Department of Justice announced it would begin taking the position that federal employment discrimination law protects employees from discrimination on the basis of gender identity. The announcement represents a shift in policy that means transgender employees in Cleveland, and throughout Ohio and the U.S., have a new and important ally in fighting workplace discrimination. [Read more…]