March 21st, 2016
Many federal statutes provide for the award of reasonable attorney fees to a prevailing employee, including Title VII, the ADEA, the EPA, the FLSA, the ADA, ERISA, the FMLA, 42 U.S.C. § 1988, and numerous federal whistleblowing laws. Under Ohio law, statutes permitting the recovery of attorney fees include R.C. § 4111.10 (minimum wage and overtime), R.C. § 4111.17 (equal pay), R.C. § 4113.52 (whistleblowing), and R.C. § 4112.14 (age discrimination). However, attorney fees cannot be recovered for R.C. § 4112.99 discrimination claims unless punitive damages are awarded. Griffin v. Lamberjack, 96 Ohio App.3d 257, 266 (1994).