What is the Family Medical Leave Act?

Elliott Stapleton Employment Law, Government Compliance

The Family Medical Leave Act (FMLA) was enacted by Congress in 1993 and gives eligible employees the right to take unpaid leave, under certain circumstances, without retaliation from the employer.  Under the FMLA, eligible employers are required to give eligible employees up to 12 weeks of protected, unpaid leave for (1) the birth and care of eligible employee’s child or …

Are Non-Compete Agreements Enforceable in Ohio?

Elliott Stapleton Employment Law

In short, yes.  It is well established under Ohio law that a non-competition agreement of reasonable duration and geographic scope is enforceable if properly made part of an employment agreement.  However, the courts will treat these agreements with skepticism and carefully scrutinize them because they are often drafted by the employer and in favor of the employer.  If the agreement appears too …

Is Your Criminal Background Check Policy Violating Title VII of the Civil Rights Act?

Elliott Stapleton Employment Law

Criminal background checks for employment purposes are commonplace.  But recent literature from the Equal Employment Opportunity Commission (EEOC), the federal agency charged with enforcing employment discrimination laws, has suggested that certain criminal background check policies may violate Title VII of the Civil Rights Act of 1964 due to the varying rates of criminal activity among different minority groups. Title VII …

Six Essential Agreements Your Business Needs to Protect Its Intellectual Property

Elliott Stapleton Confidentiality and Nondisclosure Agreement, Contracts

Whether you’re a start-up business or an existing business, protecting your intellectual property is vital.  Intellectual property includes your trade secrets, customer lists, recipes, inventions, and much more.  If your business is not using all of the six agreements described below, your intellectual property may be at risk of exposure or theft. (1) Non-Disclosure and Trade Secret Protection Agreements This …

The Top Five Blind Spots for Ohio Business Owners

Elliott Stapleton Government Compliance

Business owners must consider compliance at the federal, state, county, and local government levels.  A blind spot in the law, if missed, can be financially devastating.  Click here to schedule a free initial consultation for review your business. 1. Ohio Sales Tax Every company sells goods, services or a combination of both. Some of these sales are subject to sales …

Required Employment and Labor Law Postings

Elliott Stapleton Employment Law, Government Compliance

Why are employee postings important? If you have employees, you must post certain posters at your office.  Failure to post the required material can result in citations and fines. We have all seen posters with disclaimers on the wall of an office. The purpose of these posters is to provide notice to employees about certain rights provided by state or federal law. What posters …