You got the job! Now, here comes the hard part…reading and understanding your employment contract. While you may be thrilled to start your new job, however, it is critical for a you to know what you may be accepting by signing their employment contract. And little do people know, by reviewing and understanding your employment contract before […]
All I Got For Christmas Was A Pink Slip
Every employee hopes for a bonus at Christmas time. But terminations are also common. Is it because the company is looking to avoid the Christmas bonus? Is it because the company is simply trying to reduce staff before the end of the year? For whatever reason, we see a slight uptrend in terminations at this […]
Hiring An Employment Attorney
In today’s world, where lawsuits have become a common thing, it is important to know whom you can turn to and trust in the event you are filed with a lawsuit. Regardless of the situation you may be facing, an employment attorney can help you. There may be many occasions in which you may need to seek […]
2-Years Later – Two Years of Continued Employment is Required for a Non-Compete
In January of 2015, we discussed non-compete agreements here. In that article we explained that a non-compete agreement, like any other contract must be supported by “consideration” — that is to say that the employee must receive some benefit for signing a non-compete agreement. Otherwise, the non-compete agreement is invalid and unenforceable. (This is separate and […]
The Confusion About Statutes of Limitations in Race Discrimination Cases
Under Title VII of the Civil Rights Act of 1964, an employee has 180 days from the date of a discriminatory act to file a charge of discrimination with the EEOC. That 180 days is expanded to 300 days in those states which have their own Human Rights Act. But Title VII is not the only law against race […]
Are Car Dealership Service Advisors Entitled to Overtime?
The Supreme Court is currently reviewing whether to accept a case out of California that found that service advisors or parts advisors are not exempt from the FLSA and are therefore entitled to overtime for hours worked in excess of 40 in a workweek. This decision Navarro et al. v. Encino Motorcars, LLC – was in stark contrast with […]
I Need to Attend My Kid’s School Conference But I cannot Get Time Off? What do I do??
Illinois (as well as California and D.C.) requires that an “employer must grant an employee leave of up to a total of 8 hours during any school year, no more than 4 hours of which may be taken on any given day, to attend school conferences or classroom activities related to the employee’s child if […]
When Can Employees Sue an Employer to Rule a Non-Compete Unforceable
A recent decision by the Federal Court in Chicago suggests that a former employee cannot sue his former employer to challenge the validity of a non-compete agreement if there is no threat that the former employer will seek to enforce it. But as discussed herein, there may be other ways to challenge it. First some […]
ADA Accommodations – How Much Does An Employer Need to Negotiate with its Employees?
When an employee requires an accommodation in order to perform his job duties, an employer is generally required to engage in a discussion with the employee (called the “interactive process” in legalese). However, the law is far from clear as to when an employer (or an employee) has met the obligation to discuss with an employee about […]
Update: DOL Provides More Details on Proposed Overtime Changes
Last week President Obama announced via Huffington Post proposed changes to the overtime regulations. We discussed this proposal in our previous blog post here. The announcement focused on the changes to the salary threshold employees would need to be paid to be non-exempt (not paid overtime). Last week, the Department of Labor (the agency in charge […]