Null v. Ohio Department of Mental Retardation & Developmental Disabilities

137 Ohio App. 3d 152, 738 N.E.2d 105 (2000)

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Null v. Ohio Department of Mental Retardation & Developmental Disabilities

Ohio Court of Appeals
137 Ohio App. 3d 152, 738 N.E.2d 105 (2000)

Facts

Anne Null (plaintiff) worked for the Ohio Department of Mental Retardation and Developmental Disabilities (the department) (defendant). The collective-bargaining agreement applicable to Null provided that employees would receive overtime pay for “authorized work” performed in excess of 40 hours per week. The collective-bargaining agreement also contained an arbitration clause that provided for final and binding arbitration of disputes arising under the agreement. Null brought an action against the department in Ohio state court, alleging that the department had violated the Ohio Minimum Fair Wage Standards Act (the fair-wage statute) by failing to pay her overtime. The fair-wage statute provided that employers must provide overtime compensation in accordance with the federal Fair Labor Standards Act (FLSA) for hours worked in excess of 40. The department asserted that the trial court did not have jurisdiction over Null’s claim because under Ohio Rev. Code § 4117.10(A), the binding arbitration provision in the collective-bargaining agreement barred Null’s fair-wage action. The trial court agreed and granted summary judgment for the department. Null appealed.

Rule of Law

Issue

Holding and Reasoning (Bryant, J.)

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