13 minute read
BARRISTER OF THE MONTH: JULIUS L. CARTER ESQ
Julius L. Carter Julius L. Carter Co., LPA
By Ebony Davenport DBA Editorial Board, Pickrel Schaeffer & Ebeling Co., LPA
Advertisement
It is tempting to look at Julius Carter’s career and marvel at his ability to maintain a successful employment law practice as a solo practitioner. The reality, however, is that Julius did not get here without the support he received from family, friends, and last but certainly not least, the support from the legal community.
Julius is a summa cum laude graduate with majors in accounting, business, and management. He worked as a civil servant, with 20 years of military and government service prior to practicing law. Many of those civil service years were spent representing federal employees in labor disputes. Unbeknownst to him at the time, it was his civil service experience that would ultimately lead him to law school. Julius dealt with a difficult employment issue that necessitated legal representation. After being involved in an automobile accident and losing his job, Julius hired employment attorney, Robert Laufman,who helped him reach a successful outcome. He regained his job where he later retired.
Julius wrote a compelling letter to a nursing home, which later caught the eye of NYU law professor, Peggy Cooper Davis, who encouraged Julius to consider law school. He applied to the University of Dayton School of Law (“UDSL”) and was accepted into the first 2-year accelerated program. While at UDSL, Julius developed close relationships with several professors as well as the dean. Dean Kloppenberg, Prof. Vernelia Randall, Prof. Dennis Greene, and Prof. Susan Elliot were all instrumental in his success as a student and preparing him to enter the profession. Julius fondly remembers conversations he, and other BLSA (Black Law Student Association) students
Dayton Bar Briefs April 2020 had with Judge Walter H. Rice. He also remembers being reassured by Judge Mary Huffman (who taught him in class alongside Judge Jeffrey Froelich) that he would pass the Bar exam on the first attempt.
Not only did Julius receive support inside the walls of Keller Hall, he received just as much outside the classroom. Julius gained invaluable experience that would go on to shape him into the successful attorney he is today. As a rising 2L, Julius worked with Wright and VanNoy. Julius considers Attorney Michael Wright to be a mentor and his most trusted colleague. During that summer, Attorney Anthony VanNoy allowed Julius to sit second chair on a high-profile criminal case before Judge Gregory Singer. That was an opportunity most law students only dream of. During the school year, Julius was an extern with Judge Barbara Gorman and her staff attorney Candy Anderson. Julius drafted several opinions for Judge Gorman and was able to see local attorneys practice up close. As he approached his final year in law school, Julius spent an entire summer with Judge Michael Hall, who he was able to work closely with and gain invaluable experience.
Upon graduating from UDSL, Julius began managing the Cooper family business, a full circle moment indeed since it was Peggy Cooper Davis who first suggested Julius consider law school. After passing the Bar exam, Julius began his solo practice and was mentored by David Greer. The two initially met through the Ohio Supreme Court’s Lawyer to Lawyer mentoring program which pairs newly licensed attorneys with experienced attorneys to help guide new attorneys through the profession. What was supposed to be a one-year commitment has developed into a years-long mentorship that exists to this day. Julius considers himself fortunate to have Greer as a sounding board and appreciates the guidance throughout the years. Julius is also an active member in the Dayton legal community and has served on committees alongside Harry Beyoglides, a good friend and colleague, throughout the years. After practicing for several years, he was recruited by his former undergraduate professor, Dr. Talbert Grooms who was the Chair of the Civil Services Board. Julius served as a Hearing Officer and Legal Advisor to the Board where he heard and decided cases involving City of Dayton employees. This was his first experience deciding legal issues involving employment, an area he continues to practice in to this day.
The support Julius has received since the very beginning of his career has propelled him to his current position. It is no coincidence that his solo practiced has fared as well as it has. It was the steady encouragement he received as a student, especially in his internship and externship opportunities, that equipped him with the necessary tools to build his practice. It only makes sense that Julius would pay it forward, providing the same support to those entering the profession. Wray Blattner invited Julius to join Jamar King, Judge Mary Wiseman, and Judge Michael Newman on the Greater Dayton Area Diversity & Inclusion Legal Roundtable. The roundtable is a think-tank designed to improve diversity and inclusion in the Dayton legal community. As a Roundtable member, Julius has participated in the roundtable’s initiatives to support law
R.L. EMMONS AND ASSOCIATES, INC.
842–A E. Franklin Street Dayton, Ohio 45459
students. Julius volunteered as an interviewer at a mock interview program, where he offered candid, constructive criticism so students were better prepared to land their dream job. Julius also supports the diversity clerkship program ensuring that more students are able to secure summer employment opportunities.
My conversation with Julius made me reflect on the principle of lifting as we climb. Each of us has arrived to this profession due to the help that we received along the way. Even the most successful among us still pick up the phone to call their mentor for guidance because that is simply the nature of our profession—problem solving. It is imperative that we never lose sight of the work of others who paved the way for us. Julius is proof that every single step along the way is necessary to our professional development. We should all take a page out of his book and show gratitude to all who have made our careers possible. Professional Investigative and Legal Support Services Firm
Polygraph Asset Searches Criminal Defense Process Service Witness Locates / Interviews Surveillance Civil Case Prep General Investigation
DAYTON: 937 / 438–0500 Fax: 937 / 438–0577
Bench Bar Conference 11.13.2020 DBA Annual
COVID-19 Changes in Employment Law
The COVID-19 outbreak undoubtedly has changed all of our lives forever. As it pertains to employment law, it seems that every day a new piece of legislation is introduced, passed, or interpreted, or a new Executive Order is issued. 1 Just in the month of March 2020, the following occurred:
• Changes to State Unemployment Processes.
Initially by emergency declaration on March 15, 2020, then codified by Sub. H.B. 197 and signed by Governor DeWine on March 27, 2020, unemployment eligibility and benefits have been changed. Now, an individual is eligible for unemployment if the individual has been requested by a medical professional, local health authority, or employer to be isolated or quarantined as a consequence of coronavirus, even if the individual is not actually diagnosed with coronavirus. Additionally, individuals laid off as a result of a coronavirus-related loss of production are eligible for benefits. However, asymptomatic individuals who are simply scared to work are not eligible.
In addition, the standard one-week waiting period for unemployment benefits for those impacted by the above situations has been waived by the new law as has the requirement that certain individuals actively seek employment during the pandemic. Finally, the legislation provides that individuals receiving unemployment benefits as a result of a coronavirus-related business shutdown will result in "mutualized" charges for contributory employers. This means that most employers’ unemployment taxes 2 will not be increased based on that employer's coronavirus-related discharge decisions, but instead any increase will be spread among all employers in the system.
Immediately following these changes, Ohio unemployment filings jumped a whopping 2,500%. Nationally, statistics showed that unemployment claims exceeded 3.3 million in a one-week period of time in late March. Fortunately, for those affected employees, the CARES Act (see below) may also provide additional relief.
• Impact on the ADA.
The Americans with Disabilities Act (ADA) generally covers employers with 15 or more employees, state and local government organizations and labor organizations. The Equal Employment Opportunity Commission (EEOC) has previously cited pandemic H1N1 flu guidance as applicable to COVID-19, which guidance provides that asking about symptoms and telling symptomatic workers to go home is generally permitted because one of two things will be true: (a) doing so in response to COVID-19 symptoms that are merely akin to seasonal influenza is not a "disability-related action" and therefore is not prohibited under the ADA, or (b) doing so in response to more severe COVID-19 symptoms is appropriate even if a "disability" is present, as the illness is serious enough to pose a direct threat to employees or their coworkers. Disability discrimination under the ADA is not implicated under either scenario. Employers can also require employees to have a fitness for duty certification or doctor’s note signed prior to allowing the employees to come back to work.
Dayton Bar Briefs April 2020 10 By David Pierce Immediate Past DBA President Coolidge Wall Co., LPA
Employers are still cautioned, however, to avoid making disability related inquiries which can violate the ADA, such as asking if their employees have compromised immune systems or revealing certain confidential medical information. Generally speaking, taking the temperature of employees is acceptable in the context of COVID-19, although in other circumstances it might constitute an impermissible medical examination under the ADA. Likewise, an employer can and likely should ask questions about where its employees have recently traveled to, as long as such questions are not based on disability or national origin. Finally, employees generally should be encouraged to work from home or remotely, which is a recognized accommodation under the ADA.
• Passage of the Families First Coronavirus Response Act. Employers with more than 50 employees are still subject to provisions of the FMLA during a COVID-19 outbreak. 3 Additionally, on March 18, 2020, Congress passed the Families First Coronavirus Response Act (FFCRA), which is effective as of April 1, 2020 and through December 31, 2020 and applies to companies with less than 500 employees and state and local government employees. The FFCRA amends the FMLA to primarily provide that employees who are unable to work or telework from home due to a child’s school or day care being closed may be eligible for partial paid leave and for job reinstatement following any such leave. 4 Additionally, the FFCRA contains a new paid sick leave component which generally provides
continued on page 11
ENDNOTES: 1 This article should not be relied upon for legal advice. More detailed information on these and other topics can be found at: https://www.coollaw.com/blog/covid-19-information-hub/
2 This excludes Reimbursing Employers (which typically are non-profit employers who elect to reimburse the State on a dollar-for-dollar basis). 3 The FMLA would apply to employees who have (a) seen a health care provider twice, or (b) have seen a health care provider once and been prescribed a continuing course of treatment, such as prescription medication. 4 Generally, employees are to be paid 2/3 of their regular rate of pay after 10 days for up to 12 weeks total time off subject to certain daily and aggregate caps.
that employees, who have worked as little as one day for an employer, may be paid up to 2/3 of their regular rate of pay for 10 days up to 80 hours subject to certain caps if a qualifying condition is met. 5 To help out employers, the FFCRA provides that certain small employer exemptions may exist, and employers may be eligible to take advantage of tax credits to offset payments made under the FFCRA.
• Impact of State of Ohio Shutdown Order.
On March 22, 2020, the Ohio Department of Health issued its “Stay at Home Order” (the Order) effective at Midnight on March 23, 2020. 6 Pursuant to the Order, all but Essential Businesses and Operations (Essential Businesses) were ordered to temporarily shut down in the State of Ohio. Section 12 of the Order contains a long list of categories of Essential Businesses, including but not limited to, professional services, such as legal services. Pursuant to Section 13 of the Order, even those businesses that do not qualify as Essential Businesses, may be allowed to provide Minimum Basic Operations. Generally, this means that businesses may be allowed to perform the minimum necessary activities to maintain the value of the business’s inventory, preserve the condition of the business’s plant and equipment, process payroll and employee benefits, or to facilitate employees continuing to work remotely. Under any circumstance, a business that continues to operate must comply with certain social distancing requirements set forth in section 15 of the Order including: maintaining six-foot distancing, having hand sanitizer available and sanitizing products for customers and employees, offering separate hours for elderly and vulnerable customers, and offering online and remote access. COVID-19: LABOR & EMPLOYMENT: Changes in Employment Law continued from page 10
• Passage of the CARES Act.
The 2 trillion-dollar CARES Act (CARES Act) was signed into law by President Trump on March 27, 2020. In addition to providing stimulus payments directly to many individuals and disaster loans and other relief, the CARES Act provides for expanded unemployment benefits of up to $600 per week for four months, allows nonprofits to possibly recoup some of their unemployment payments, and provides relief for independent contractors and business owners who cannot take advantage of typical state unemployment coverage. Additionally, the CARES Act contains a paycheck protection program (PPP) which may allow most small businesses to take loans up to 2.5 times their average monthly payroll costs and offers loan forgiveness subject to certain limitations. This will undoubtedly help small businesses and nonprofits survive these difficult economic times.
Hopefully, things in the area of both employment law and all other aspects of life will begin to stabilize in the weeks and months to come. Until they do, the good news is that our local judges and lawyers are dedicated and strong enough to guide the community through these turbulent times.
ENDNOTES:
5 The six qualifying conditions are: (1) the employee is subject to a federal, state, or local quarantine or isolation order; (2) the employee has been advised by a health care provider to selfquarantine; (3) the employee is experiencing symptoms of coronavirus and is seeking a medical diagnosis; (4) the employee is caring for a person subject tot a federal, state, or local quarantine or isolation order or who has been advised by a health care provider to self-quarantine; (5) the employee is caring for a son or daughter of the employee whose school or day care is closed (i.e. the FMLA amendment discussed above); or (6) the employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services, the Secretary of the Treasury, and/or the Secretary of Labor.
6 The Order can be found at the following link: https://content.govdelivery.com/attachments/ OHOOD/2020/03/22/file_attachments/1407840/Stay%20Home%20Order.pdf
Need help finding Ohio Online Notaries Public to provide assistance to you and your clients?
We are pleased to announce that Ohio Notary Services has created an Online Notary Public Referral Program.
We have compiled a list of authorized online notaries who have indicated their ability to help you during this time. We will go through the list on an even and equitable basis in order to be fair to all.
Please email info@becomeanohionotary.com and ask for a referral. The ONS is not charging for this service, but is hopeful it allows you to serve your clients to the best of your ability.
Please Note: Due to our current situation regarding the pandemic, we have not had the opportunity to vet the notaries on the list. We created this to fill the void of in-person notaries due to social distancing. We've asked the notaries to respond to you quickly, but please feel free to ask for a second referral if you need one.
