In the case Elita One v. Emergency Med. Transport, Inc., 2021-Ohio-2990, the Eleventh District Court of Appeals held that by continuing to work at the company, the employees agreed to the policies and could not later claim they objected.
Here, the employees argued they were underpaid based on a policy in the employee handbook that violated the Fair Labor Standards Act. The employer argued that employees were aware of the policy and by returning to the company, they agreed to the terms of employment.
The court agreed with the employer and reasoned that because the employees worked for the company in the past, they were aware of the pay policy and by accepting employment for a second time, the employees accepted the pay policy as well.
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Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.