Columbus OH Business & Commercial Law Blog

The United States has a national minimum wage and other federal mandates that are supposed to protect employees from being overworked and underpaid. These laws are part of the Fair Labor Standards Act. When businesses in Ohio do not adhere to these laws, an employee may be able to file a federal lawsuit.

U.S. employers are facing a real and growing threat from their employees; a recent study shows that lawsuits against employers are at a record high. The number of wage and hour claims filed by employees has risen by 10 percent in the last year and 518 percent since 1990. One professional in the area of employment litigation points the finger at lawyers who are looking to capitalize off struggling businesses. Other people believe the increase in wage and hour lawsuits indicates that some U.S. businesses may be purposefully cheating their employees out of wages and benefits in order to increase profits in this struggling economy.

The Equal Employment Opportunity Commission is a federal agency that protects employees from workplace discrimination. Sexual harassment is a type of discrimination that may be investigated by the EEOC and often leads to employment litigation in Ohio. When employers fail to protect their employees from harassment, they may face a class-action.

Female employees at a federal prison complex have been granted class-action status by a judge. The Bureau of Prisons does not support this decision. They argued that the judge chose to believe the women’s complaints of sexual harassment despite a lack of evidence. Many of the women, on the other hand, stated that complaints to their supervisors from the Bureau of Prisons were ignored. The Justice Department endorsed the class-action decision but the Bureau of Prisons asked them to file an appeal. 

When two or more people, businesses or organizations sign a contract in Ohio, they are making a legal agreement. This means they must follow through on the deal. When one or both sides fails to uphold their end of the bargain, contract disputes often ensue. When this happens, either party may seek litigation.

The Licking County Education Service Center in Ohio is suing the Licking Heights school district for breach of contract. They claim that the school district owes them money for services performed. According to a statement from the vice president of the ESC governing board, they have a signed contract in place in which the school district agrees to pay the amount they are billed by the ESC. The school district, on the other hand, alleges that in the past 7 years they have been overcharged by $292,000; they have filed a countersuit against the ESC.

Intellectual property refers to creations of the mind, including trademarks and patents. When a business owner in Ohio creates a new product, they are sometimes granted intellectual property rights on that product. This protects their business from unfair competition and keeps other potential businesses from stealing their product. In some cases, however, it can be difficult to prove intellectual property rights.

In 2006, Nintendo began to sell its popular Wii system, but an Ohio-based company, called Motiva, claims that Nintendo infringed on its patent for motion sensor technology. Motiva, started in 2003, wanted to use motion sensing technology to combine video gaming with physical fitness and subsequently sued Nintendo Co. for violation of its intellectual property rights. The lawsuit was filed in 2008 but it was then delayed for various reasons.