Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Wednesday, February 16, 2005

When is One Record Not Really One Record...

...when it's 860 records and the damages assessed for destroying them is $1,000 per record. The Supreme Court of Ohio has been asked by the federal 6th Circuit Court of Appeals as to what constitutes a "record" under the civil forfeiture provision of the Ohio Public Records Act. It seems some city of Akron employees were being granted compensatory time in lieu of overtime pay, a no-no for non-exempt employees under the FLSA. A couple of the employees sued and the comp time records were destroyed by city employees. The workers were awarded $1,908 for underpayment of their overtime, but granted $1,000 of punitive damages for each comp time form destroyed, all 860 of them. On appeal, the 6th Circuit has asked the Supreme Court of Ohio to clarify the "record" question before rendering their own decision. Oral arguments were held yesterday. The case is Kish & Elder v. City of Akron, Case no. 2004-0738, and streaming video of the arguments can be found here.



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