The federal government has established several laws in order to protect an employee and their rights. Even though not all businesses qualify for each law, there are basic rights in all workplaces. These basic employee rights include: The right to privacy The right to fair compensation The right to be free from age, race, gender, religion, or national […]
Discrimination in the workplace can come in a variety forms and ways. Many employees are often times unfamiliar with the signs of workplace discrimination or unaware of how to handle suspected cases. There are federal laws in place to protect applicants and employees from being discriminated against on the basis of their age, sex, race, religion, disability, […]
Under the Fair Labor Standards Act or FLSA, as well as various state wage laws, an employer must pay for time worked, even if it is done during your lunch break. Just because you eat does not mean that you are taking a lunch break. The real question is whether you are doing work for […]
While most employers are able to handle employee situations on their own, there are many occasions when an employment attorney is essential in helping employers make difficult decisions, especially since employment laws are constantly changing. The most common time an employer will seek the help from an employment attorney is during firings, especially when the employee is a […]
In the state of Illinois, an employee’s employment is “at will” and means that an employee can either quit or be fired at any point during their employment. In any of these scenarios, an employee may not receive compensation once employment has been severed, however, many employers will use a severance agreement in order to let the […]
The Fair Labor Standards Act (FLSA) requires that employees be paid time and a half for overtime. But there is an exception for activities which are not part of the job. Historically the test for determining whether an activity is part of one’s job and therefore “work” for which the employee must be paid is whether […]
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 […]
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 […]
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 […]
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 […]
