Cuyahoga County Furlough Pay Lawsuit: Appeals Court Reverses Decision

In April of 2020, in response to the Covid-19 pandemic, Cuyahoga County instituted a mandatory 10-day furlough of all non-union county employees.  In April of 2021, however, the County passed an ordinance which essentially repaid the missing furlough pay, but only to those employees who were still working for Cuyahoga County in April of 2021.  

CRK represented former Cuyahoga County employees in a class action which alleged that the April 2021 ordinance violated the Equal Protection Clause of the U.S. and Ohio Constitutions.  The trial court dismissed these claims, but the Eighth District Court of Appeals reversed and remanded.  The Court of Appeals held that the trial court erred when it determined that the plaintiff former employees were not able to prove any facts which warranted the requested relief.