I am an employment attorney that does work on behalf of the employee. I have been rated by Super Lawyers and recognized by Best Lawyers in America. My firm, Mansell Law, has been selected by US News and Best Law firms in America. I am passionate about protecting the rights of the individual!
- Employment Law
- Civil Rights
- Free Consultation
- Credit Cards Accepted
- Contingent Fees
- New York
- New York State Office of Court Administration
- Supreme Court of Ohio Office of Attorney Services
- Mansell Law LLC
- - Current
- The Ohio State University Michael E. Moritz College of Law
- J.D. (2009) | Law
- Best Lawyer in Employment Law - Individuals
- Best Lawyers
- Rising Star
- Super Lawyers
- Ohio State Bar # 0085197
- Mansell Law LLC - Employment Lawyers in Columbus, OH
- Mansell Law Employment Law Blog
- Is job reassignment a reasonable accommodation under the Americans with Disabilities Act (ADA)?
14 January 2020
- Employee vs Independent Contractor: Which Are You?
6 January 2020
- Should you be Paid for “On-Call” Time?
28 December 2019
- Morrissey v. Laurel Health Care Company: Sixth Circuit Issues Favorable Opinion on Employee’s ADA Failure to Accommodate Claim
10 December 2019
- What is a “Reasonable Accommodation” Under the ADA?
27 November 2019
- What Happens to my Job Status if I Take FMLA Leave?
22 November 2019
- Background Checks and the Law: Know Your Rights
19 November 2019
- When does time clock “rounding” violate the law?
13 November 2019
- Are there Employment Protections for Service Members?
11 November 2019
- Q. subpoena was taken to my parents house but I was not there and not directly served. Do I still need to abide by
- A: If you reside at the residence and someone over 18 signed for you, then yes - you need to appear. You can absolutely contact the law firm or lawyer that issued the subpoena and ask what it is about or even ask to reschedule.
- Q. Unpaid work/hours at a job. Is it legal
- A: In addition to what Ms. Dyer said below (which is 100% accurate), they may be violating minimum wage laws as well. It will depend on your hourly rate. You should contact an employment attorney to go over the details and provide the additional information needed to determine the violations and the extent of the violation. You can find my contact information on my page or at ohio-employmentlawyer.com.
- Q. Can my employer request me to come in 15 min early and not pay me? I have done this for 5 years with out fail.
- A: Absolutely not. This is a violation of federal and state wage laws. You should be compensated for this time. Feel free to reach out if you would like to explore pursuing this matter and getting paid for your time worked but not paid.
- Q. I work for a co. that fertilizes and seeds lawns. I am the bookkeeper and office help. Should I be paid time & a half?
- A: You may be exempt from overtime under the administrative exemption. In order to meet this exemption you must: (1) be paid on a salary basis and (2) you must meet the administrative duties test. To be paid on a salary basis, you must be paid a guaranteed amount each week that is not subject to deductions for partial days worked. For example, if you normally work 8 hours on Fridays but only work 5 hours that week, you must still be paid for the full 8 hours. There are several additional factors that may change this analysis and your specific circumstances should be discussed with an employment attorney. To meet the administrative duties test, you must exercise independent judgment and discretion on matters of significance. The Court will look at your actual duties and not your job title to make this determination. You should reach out to an employment lawyer and go over your job duties with the attorneys. Mansell Law 1457 S High St Columbus, OH 43207 https://ohio-employmentlawyer.com/
- Q. My employer repeatedly sends me home off the clock ranging from 2-7 hours at a time. Then says I must come back and
- A: You may be entitled to pay for this time but you might not be. There are a lot of factors that must be analyzed to make this determination. These include: (1) the frequency of the calls to the on-call employee; (2) geographical restrictions on the employee's movements; (3) the restrictiveness of fixed time limits for response; (4) the threat of discipline in the event of a late or no response from the on-call employee; (5) the on-call employee's ability to trade his responsibilities with another employee; (6) the on-call employee's actual pursuit of or engagement in personal activities; and (7) the benefit of the on-call time to the employer. For more information, you should contact an Ohio employment lawyer or check out our blog post on this topic at: https://ohio-employmentlawyer.com/pay-for-on-call-time/ Mansell Law LLC 1457 S High St Columbus OH, 43207 (614)610-4134
- Q. I am a salaried employee. However, on my check stub it clearly states "Basis of pay: Hourly." Am I truly salary based?
- A: Whether you are paid on a salary basis depends on several factors. If you work less than 40 hours, do you they only pay you for the hours worked or do they pay you the full 40 hours? Were you told when you started that you would be salary? Do you have a written offer? What is shown on your paycheck is not going to be indicative of whether you are paid salary but it may be a factor when you look at the totality of the situation. Further, whether they are able to pay you salary depends on whether your job duties fit into one the FLSA exemptions.
- Q. Can I sue my previous employer for hiring for a position in one city(moved 2 city) and then they assign me 2 diff city?
- A: An employer has the ability to transfer its employee. Absent an employment contract, it does not violate the law for them to assign you to a different city. If you are at will, you are free to quit if you do not wish to travel to the new city.
- Q. I have not been paid for all my hours, and no longer work for that employer. What can I do?
- A: Typically each state has a law that requires employers to pay employees in a certain amount of time. 30 days is fairly common. If you have still not been paid, you should contact an employment attorney in Oregon to see your options for going after your unpaid wages.
- Q. I am not being paid the right hourly rate and have told my manager/gm and nothing seems to being done about it?
- A: Keep requesting that they make the change. There is no law that requires them to pay you a certain amount based on the job. They are only required to pay you minimum wage.