Tag Archive for: Tami Hannon

Department of Labor Issues Request For Information on Overtime Rule

Today, the Department of Labor (DOL) published a Request for Information seeking comment from the public regarding the regulations governing overtime exemptions. As you likely recall, the DOL revised the salary requirement in 2016 to require that exempt employees be paid a minimum of $913 per week (or $47,476 per year). This was a substantial increase from the 2004 level, which was set at $455 per week, or $23,660 per year. That regulation met with a legal challenge and was temporarily blocked by a federal court in Texas. While that litigation is still ongoing over whether the DOL has the authority to require any minimum salary requirement, the DOL has indicated its intent not to enforce the $913 per week requirement.

In light of the litigation, along with President Trump’s Executive Order requiring administrative agencies to minimize regulatory burden, the DOL has issued a Request for Information to assist it in creating updated overtime rules. The Request for Information is open until September 25, and indicates that the DOL is open to considering a large change to the overtime regulations. The Request seeks feedback on everything from the amount of the minimum salary to the duties of exempt employees to whether there should be no minimum salary requirement at all.  Specifically, the DOL requests comment on:

  1. Whether the $455 minimum level should be increased by an amount equal to inflation? If so, what is the appropriate measure of inflation?
  2. Whether the $455 minimum level should be modified to continue to exclude the lowest 20% of salaried workers in the lowest paying region, as was used in establishing the 2004 level?
  3. Alternatively, should the minimum level be set based upon a defining factor, such as employer size, geographic region, metropolitan area, or other factor?
  4. Should different minimum salary levels be set for the executive, administrative and professional exemptions rather than having one generally applicable level?
  5. How well does the salary amount match with the duties test? Does the salary level become the predominate factor? If not, at what point does the salary level no longer serve as a reliable indicator of exempt status? Would it be better to have solely a duties test? If so, what duties would accurately show exempt status?
  6. Should the standard duties test be updated? If so, with what duties?
  7. How did you respond to the 2016 revisions? Did you increase wages, decrease hours, switch to an hourly rate, lower the hourly rate to maintain the same pay level, change overtime policies, or some other method?
  8. Does it appear that certain occupations were no longer included as exempt under the higher rate? Did those occupations spend 20 – 40% of their time performing exempt functions?
  9. Was the cap at permitting no more than 10% of the minimum salary requirement to be paid by non-discretionary bonus a good level? Should it be tied to salary level?
  10. Should the minimum level be set to automatically adjust? If so, what measurement should be used? How often should it be adjusted?

This is merely the first step in the review process, but it does indicate a likelihood that revisions are forthcoming, potentially substantial. Given the political climate, any revisions would likely be more business friendly. I would not anticipate seeing any new regulations this year, but perhaps a Notice of Proposed Rulemaking and draft regulations could be out next spring.  Comments can be submitted by mail or electronically. Instructions for submitting comments are included in the Request for Information. MRR will continue to monitor the DOL for any new guidance on this subject.

Tami Hannon is a Partner in MRR’s Cleveland Office. For more info, contact her at thannon@mrrlaw.com.

Mazanec, Raskin & Ryder Announces 2017 Ohio Super Lawyers and Rising Stars

Mazanec, Raskin & Ryder Co., L.P.A., today announced that seven of its Ohio-based attorneys have been selected to the 2017 Ohio Super Lawyers and Rising Stars lists. In the firm’s Cleveland office, Todd Raskin, John McLandrich, and Frank Scialdone were named to the Super Lawyers list, while Tami Hannon and Cara Wright were included in the ranks of Rising Stars. In the Columbus office, Doug Holthus earned Super Lawyers honors and Stacy Pollock was named a Rising Star. Each year, no more than five percent of lawyers in the state are named to the Super Lawyers list, and no more 2.5 percent are selected to the Rising Stars list.

Todd M. Todd RaskinRaskin is a founding partner of Mazanec, Raskin & Ryder, Co., L.P.A., and is based in the firm’s Cleveland office. He has a diverse legal practice with an emphasis on civil rights and government liability defense, as well as the defense of employers, both public and private. He has tried more than 100 cases to conclusion in 35 years of private practice in many courts throughout Ohio and the Midwest and is a member of a number of professional organizations, including the American Board of Trial Advocates, the Association of Defense Trial Attorneys, the Federation of Defense and Corporate Counsel, and the Litigation Counsel of America. Todd earned his Super Lawyer rating for his work in State, Local & Municipal Law, Employment Litigation: Defense, and Professional Liability: Defense.

 

John McLandrichJohn T. McLandrich is a partner and Chairman of the Board. John’s practice focuses on the representation of municipalities, including defending cases on behalf of police and public entities accused of violations of civil rights and in employment matters. For over 28 years he has handled matters including claims of jail suicide, police pursuit, false arrest, excessive force by police officers, and failure to properly train police officers. He has represented civil defendants in federal and state courts throughout Ohio, serving as lead trial counsel. He has represented clients in class action matters, including municipalities relating to class action sewer cases. His appellate experience consists of handling and arguing matters before the Sixth Circuit Court of Appeals, where he has argued over 100 cases, as well as hundreds of cases before many of Ohio’s Courts of Appeal, including the Ohio Supreme Court, where he has won eight favorable decisions. John earned his Super Lawyer rating for his work in Appellate Law, State, Local & Municipal Law, and Civil Rights Law.

 

Doug HolthusDoug Holthus is listed as a Super Lawyer for his work in Civil Litigation: Defense, Employment Litigation: Defense, Construction Litigation, and Civil Rights Law. His primary areas of focus are professional negligence defense, civil rights and government liability, corporate law, employment, and general liability matters. He has tried, advocated and or arbitrated nearly one hundred cases before civil juries, administrative licensing (and other) boards and arbitration panels throughout Ohio (and California), in both state and federal court. Among other professional and civic activities, Doug is immediate past-Chair of the Columbus Bar Association’s Professionalism Committee (by appointment) and is a Member of the Board of Directors of the Professional Liability Defense Federation.

 

Frank SciadoneFrank H. Scialdone is a partner in the firm’s Cleveland office and focuses his practice on appellate advocacy in state and federal courts with an emphasis on employment law, constitutional torts (Section 1983), public entity defense, and insurance defense. He has handled more than 200 appellate cases in the Ohio Supreme Court, Ohio’s intermediate appellate district courts, and the Sixth Circuit Court of Appeals. He routinely consults with trial attorneys on error preservation and pre-appeal strategy. Frank has prosecuted and defended original actions (e.g., mandamus, prohibition, etc.) and has submitted amicus curiae (friend of the court) briefs on behalf of clients and organizations. Frank is also one of the first attorneys to be certified as a specialist in appellate law by the Ohio State Bar Association. He is listed as Super Lawyer in the categories of Appellate Law, State, Local & Municipal Law, and Civil Rights Law.

 

Tami HannnonTami Zupkow Hannon is a partner in the firm’s Cleveland office and is a listed Rising Star in State, Local & Municipal Law, Employment Litigation: Defense, and Civil Litigation: Defense. She focuses her practice on defending governmental entities, their employees and elected and appointed officials, particularly those in law enforcement and corrections. Tami also practices extensively in the field of employment law, providing personalized and comprehensive guidance to address not only the direct employment issue at hand but also the larger civil liability context. In addition to providing guidance during the critical decision making process, Ms. Hannon assists in later defending decisions should they be challenged before the courts or an administrative agency. She also provides timely and personalized training in various employment matters, and has experience under the ADA, ADEA, FMLA, FLSA, Title VII, and their state-law counterparts.

 

Stacy V. Pollock, an associate in the firm’s Columbus office, focuses her practice on employment and labor law and has been a certified Professional in Human Resources since 2013. She advises public and private employers in matters involving leave and discipline issues, personnel policy matters, and labor negotiations and arbitrations. She has experience representing clients before various governmental administrative agencies including the Equal Employment Opportunity Commission, the Ohio Civil Rights Commission, the State Personnel Board of Review, the State Employment Relations Board, and the Ohio Department of Education. Stacy also has considerable experience in education law, representing schools and school administrators in matters involving employee and student discipline. Stacy is listed as a Rising Star for her work in Employment & Labor Law and Workers’ Compensation Law.

 

Cara WrightCara M. Wright, a Cleveland associate, represents counties, municipalities, and their employees in a variety of cases, including claims related to alleged violations of the United States Constitution, violations of Ohio’s public record laws, and state law tort claims. She has successfully defended clients in cases involving the use of deadly force, jail suicides, and claims that inmates were provided inadequate medical care while incarcerated in county jails. Cara also represents public and private employers in cases alleging employment discrimination. Additionally, her experience includes representing professionals, including physicians, nurse practitioners, nurses, behavioral health specialists, accountants and attorneys, in claims of professional negligence. In addition to her representation of clients in state and federal court, she has also appeared in cases before the Ohio Civil Rights Commission and the U.S. Equal Employment Opportunity Commission. Cara earned the designation of Rising Star for State, Local & Municipal Law.

Super Lawyers and Rising Stars have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations. For more information about Super Lawyers, visit SuperLawyers.com.

News Release: MRR Promotes Tami Zupkow Hannon to Partner

Tami HannnonMazanec, Raskin & Ryder Co., LPA (MRR) is pleased to announce Tami Zupkow Hannon has been elected to the firm’s partnership.

Tami joined MRR’s Cleveland office in 2007. Her practice concentration is civil rights defense. She has represented numerous governmental agencies, elected and appointed officials, and has extensive experience in defending law enforcement departments, officers and correctional facilities. She combines her civil defense experience with her knowledge of employment law to provide timely, personalized and comprehensive employment guidance to both public and private employers. Tami has been named an Ohio Super Lawyer Rising Star for Municipal Law since 2013. She graduated magna cum laude from the University of Akron School of Law. She received her undergraduate degree from Geneva College in Beaver Falls, Pennsylvania.

“We are very proud of Tami’s accomplishments and extremely pleased to welcome her as a partner,” said MRR Managing Partner and President Joe Nicholas. “She is a remarkably talented and creative lawyer.”

MRR Article: Long Term Experience Need Not Apply!

Can Requesting Certain Experience Levels Expose You to Liability for Age Discrimination?

By: Tami Z. Hannon, Esq.

We’ve all seen the ads – “seeking a candidate with 5 – 7 years of experience” or “seeking entry level candidates.” But at some point do these ads put you and your company at risk for a claim of age discrimination?  That was just the issue recently addressed by Ohio’s Tenth District Court of Appeals in the case of Ceglia v. Youngstown State University when the Court was called upon to determine whether a request for a “mid-career level” applicant was code for age discrimination.

In that case, Youngstown State sought an applicant for a full-time instructor position. The plaintiff, who had over 20 years of experience, applied for the position. When he was not interviewed or selected for the position, the plaintiff asked why. He was told that the University was looking for “mid-career” applicants and not “someone who had been around for a long time.” Neither of these requirements was expressly stated in the job posting. Instead, the University chose to hire a 44-year old applicant who had little prior teaching experience.

The plaintiff sued alleging age discrimination. The Court of Claims dismissed the case, finding that the search committee had a legitimate, non-discriminatory reason for not offering the position to the plaintiff in light of alleged past performance issues. The plaintiff appealed. The Tenth District Court of Appeals reversed the decision, finding that it was a question for the jury as to whether “mid-career level” and not wanting “someone who had been around for a long time” was actually code for age discrimination.

In addressing these issues, the Court reasoned that these comments created an inference that the Committee denied the applicant the position because of his age, despite the Committee’s statements that they were referring to career experience. Further troubling to the Court was the fact that the position was awarded to someone who was NOT a mid-career level individual. While the Court did not ultimately determine whether there was in fact discrimination, the Court found that there was enough evidence to present the case to a jury. In other words, the court was not willing to dismiss the case without going to a full trial.

So what can you do to protect yourself from similar claims?

  • Clearly state what qualifications are being sought in the job posting. Make certain any specified qualifications are related to the position being sought and the needs of the organization.
  • Focus on the needs of the position, not the qualifications of the candidate – especially qualifications that can directly relate to the age of a candidate. For example, rather than “mid-career level” applicant, use phrases such as “entry-level position” or “mid-level position” to refer to the job level.
  • Interview applicants that fit within the parameters of the stated requirements and qualifications for your job. If you are listing a requirement in your posting, the individuals interviewed and selected should fit within those requirements.

In light of developing and changing laws, it is always a good idea to constantly review hiring procedures. If you have any questions or concerns about your practices or policies, please contact MRR and we would be happy to review those with you.


For questions or more information on “Long Term Experience Need Not Apply!,” contact:


Tami Z. Hannon  – MRR Cleveland
Phone: 440.424.0009
Fax: 440.248.8861
Email: thannon@mrrlaw.com

News Release: MRR attorneys named 2016 Ohio Super Lawyers and Rising Stars

MRR is pleased to announce that two of its Ohio attorneys have been selected as 2016 Ohio Super Lawyers and another four have been named 2016 Ohio Rising Stars by Super Lawyers magazine.

The Super Lawyers selection process evaluates lawyers based upon multiple criteria, including professional achievement and peer recognition; honors and awards; firm and bar involvement and leadership; scholarship and professional writings; community service and pro bono activities; and other outstanding achievements.

“Rising Stars” are the top up-and-coming attorneys who have been practicing for no more than 10 years. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

MRR’s attorneys selected as 2016 Ohio Super Lawyers:

Cleveland: Todd M. Raskin and Frank H. Scialdone

Todd Raskin

Raskin

Frank Sciadone

Scialdone

 

 

 

 

 

 


MRR’s attorneys selected as 2016 Ohio Rising Stars:

Cleveland: Tami Z. Hannon, Mary Beth Klemencic, and Cara M. Wright.

Columbus: Stacy V. Pollock

Tami Hannnon

Hannon

Mary Beth Klemencic

Klemencic

Cara Wright

Wright

SVP.V2

Pollock

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