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And, if all of the requirements for an exemption are not met, you are not exempt and must be paid overtime.
Whether you refer to them as non-competition contract, covenants not to compete, or no-compete agreements, many employers are now making them a condition of getting a job.
Fair Labor Standards Act (“FLSA”) requires that virtually every employee is paid according to the federally mandated minimum wage, currently set at .25 per hour (in Ohio the minimum wages has been raised to .10 through State legislation). The vast majority of Ohio employees are entitled to a minimum wage.
This means that in Ohio, your employer must pay you, at minimum, .10 for every hour that you work.
Stated another way, if you are a non-exempt employee and you work more than 40 hours in a workweek, you are eligible to receive one and one-half times your regular pay rate for every hour over 40.
For example, an hourly employee that receives per hour and work 50 hours in that week is owed for the first 40 hours, and for each hour worked over 40.
Many times the employer includes the noncompetition agreement in a stack of paperwork that employees will sign on the first day of work without realizing that is what was signed.
Unfortunately, since post-9/11 and recent attacks around the world, anti-immigrant atmosphere has become more widespread and prevalent in Cincinnati, Cleveland, Columbus, Toledo, Youngstown, and Dayton, and all cities and towns across Ohio, as well as across the United States.
But, under Ohio Revised Code § 4112.02, Title VII of the Civil Rights Act of 1964, and the Civil Rights Act of 1866, it is illegal for any employer to discriminate against an employee because of the employee’s national origin or ethnic background. Paying workers less than minimum wage is wage theft.
The opponents to the rights of lesbian, gay, bisexual, transgender (“LGBT”) employees or lesbian, gay, bisexual, transgender, queer/questioning (“LGBTQ”) employees in the workplace often argue that United States law has not historically made it illegal to discriminate in employment discrimination based on who an employee is dating or otherwise associated with. Under Title VII of the Civil Rights Act of 1964 and Ohio Revised Code § 4112.01 et seq., your employer cannot discriminate against you as employee because you are dating someone of a different race, or national origin.
Under the Americans with Disabilities Act (“ADA”) an employer cannot discriminate against an employee because that employee is associated with a disabled person.The American Bar Association reports that there are now over 1.2 million attorneys in the United States.