The three White Collar Exemptions are by far the most common asserted by employers to avoid paying overtime. If an employer wants the apply the exemption to any employee, it must show that it pays the employee paid a minimum salary, and that the employee meets the particular duties test. The most common duties tests are as follows: […]
When Can an Employee Receive Unpaid Leave as an Accommodation Under The ADA
There has been a growing swell of litigation and negotiations between employers and employees to provide unpaid leave under the Americans with Disabilities act. In response to this increase in litigation (and focus), the EEOC issued a publication regarding the issue. The publication discusses a wide range of relevant topics including what employers and employees need to consider and […]
Justice Department Argues that Sexual Orientation Discrimination Can Violate Title VII
Sexual orientation discrimination is already illegal in many places, including Illinois. Discrimination against gay men and lesbians as well as bisexuals and transgendered persons has become a substantial part of the practice of many employment discrimination attorneys. But it is not, strictly speaking, a violation of Title VII of the Civil Rights Act of 1964, the major […]
Have You Been the Victim of Abusive Non-Compete Agreements By Your Employer And/Or Others to Hold Your Wages Down?
The non-compete lawyers at Maduff & Maduff have spent years battling these abusive practices on behalf of clients using existing law. Now the administration has taken on these abuses with the issuance of a detailed study on the problem as a first step in strengthening worker protections. Furthermore, Vice President Joe Biden has taken a […]
A Lawsuit Has Been Filed Challenging The New Alabama Law That Bans Local Governments From Raising The Local Minimum Wage
A group of workers in Birmingham Alabama have challenged a new state law which prohibits local governments, specifically the City of Birmingham, from raising their minimum wages. Birmingham sought to raise its minimum wage to $10.10 per hour by next year in an effort to fight income inequality. Birmingham is about 74% African-American. Plaintiffs assert that […]