A new Fair Labor Standards Act case alleges that Apple employees are owed overtime for time spent waiting in line at security check points to leave the premises. The lawsuit alleges that Apple has a uniform policy which requires all employees to be subject to a “personal package and bag search.” Failure to abide to the policy […]
Employees Working for “Small Business” May Qualify for Medical Leave under the FMLA Using the Joint Employer Theory
Many employment laws only apply to certain business. For example, discrimination and sexual harassment under Title VII of the Civil Rights Act applies to employers that have at least 15 employees. Overtime cases under the Fair Labor Standards Act or FLSA require the employer have gross revenues of $500,000 a year. The Family Medical Leave Act or FMLA requires the company […]
Salaried Employees And Their Rights To Overtime
Often times, employers misconceive the requirements of paying overtime and will neglect to pay salaried employees their deserved overtime pay. While most salaried employees are exempt from overtime, there are situations in which a salaried employee is eligible for overtime pay. In the event that you are an employee who is entitled to overtime pay, your […]
EEOC Lawsuit Emphasizes Limits on Requests for Medical Records under the ADA
The Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit on behalf an employee that was allegedly fired for not executing a medical release relating to a Fitness-for-Duty examination to return to work. Under the Americans with Disabilities Act (“ADA”) an employer may require an employee to submit to a medical examination if the employer has a reasonable belief that the employee […]
Understanding Sexual Harassment In The Workplace
It is important that every workplace should be free from sexual harassment or discrimination of any type. All workplaces are required by law to ensure that each and every employee is free from these concerns. However, these cases do happen, and often. Sexual harassment comes in many forms, and is not limited to just sexual acts. […]
EEOC Critical Of Federal Government’s Self-Policing Of Discrimination—And It’s Getting Worse
When an employee or job applicant believes he has been discriminated against by a private employer he can file a charge with the federal Equal Employment Opportunity Commission (or a state or municipal agency like the Illinois Human Rights Commission, the Cook County Commission on Human Rights or the Chicago Commission on Human Rights). But if the employer […]
FedEx “Independent Contractors” are Entitled to Overtime—Federal Appellate Court Rules that FedEx Misclassified its Employees
On August 27, 2014, the Ninth Circuit Court of Appeals in California rejected FedEx’s argument that its drivers were independent contractors and concluded that they were in fact employees entitled to overtime pay and meal period benefits under California law. The Court ruled that a class of approximately 2,300 delivery drivers may proceed with their class claims […]
Understanding Your FMLA Rights
The Family and Medical Leave Act (FMLA) is a federal program that allows employees to take unpaid time off for eligible reasons, with the ability to be reinstated in their current position upon their return. If an employer has a minimum of 50 employees for a minimum of 20 weeks in the current or previous calendar year, […]
Illinois Court Orders Halt to State Deductions from Pensioners’ Benefits
On August 29, 2014, in response to a petition by the State Universities Annuitants Association (SUAA) and others, the Sangamon County Circuit Court ordered Illinois to stop future deductions from retiree’s pension checks for health insurance premiums, and required the State to be prepared to discuss and identify ways to return money that was previously […]