In the case of Lam v. City of Cleveland, 2021-Ohio-205, the Ohio Eighth District Court of Appeals held that it was proper for the City of Cleveland to pay its employees the difference between their wages working at the city and their wages working for the military while on military leave.
In this case, the employee argued that he was entitled to full pay from the city and full pay from the military for one month each year while on military leave, pursuant to R.C. 5923.05, rather than differential pay in accordance with the Cleveland Ordinances and the collective bargaining agreement. The Court of Appeals disagreed.
The Court of Appeals held since the employee was entitled to receive full city pay, the employee was “not entitled to both city pay and compensation from either the court or the military,” and the collective bargaining agreement prevails.
To read this case, click here.
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.