The white collar exemptions to overtime pay — the Administrative, Professional, and Executive Exemptions — require among other things that the relevant worker be paid a fix minimum per week. Currently that salary must be at least $23,660 per year (we discussed this issue in more detail here). When that regulation was originally passed, $23,000 went a lot […]
Is a Non-Compete De Facto Restraining Order Preventing you From Getting Your Next Job
Employees often sign non-compete agreements as a matter of course when they take a job. They then work for a period of time for the employer without concern about the non-compete agreement. At some point the employee leaves the job. Whether this is because she saw a better opportunity, was no longer happy at the […]
DOL Issues Final Rule for FMLA Leave – Same-Sex Marriage Will be Recognized (UPDATE: Texas Court Has Issued an Injunction Halting DOL’s Enforcement
The FMLA provides leave to care for serious medical conditions of certain family members including spouses. In the past, it was clear that a husband could take FMLA leave to care for his wife (assuming her condition met the requirements of the FMLA) and vice versa. But for same-sex couples, the answer to that question depended on […]
Supreme Court Backs the Department of Labor: Interpretations by the DOL are Not Subject to A Notice and Comment Process
In March 2010 the DOL of Labor issued the Administrator’s Interpretation No. 2010-1 (the “Interpretation”), which provided an interpretation that employees who perform the “typical” duties of a mortgage loan officer employee do not satisfy the duties requirements of the FLSA’s administrative exemption. In so doing, the 2010 interpretation withdrew a 2006 opinion letter that reached […]
What to do if you are feeling Sexually Harassed at Work — Part IV: Filing in Court
This blog on the filing of a sexual harassment lawsuit is the fourth in a series directed answering the most pressing questions of victims suffering from sexual harassment. The first three parts to this series are: Part I, reporting the harassment can be found; Part II, the EEOC Charge and Mediation; Part III, the EEOC investigation. This […]
What to do if you are feeling Sexually Harassed at Work — Part II: The EEOC Charge and Mediation
This is Part II in a series directed answering the most pressing questions of victims suffering from sexual harassment. It discusses the next step after reporting the harassment: The EEOC Charge and Mediation.. Part I, reporting the harassment can be found here. This series, was developed to answer the frequently asked question, “What should an employee […]
What to do if you are feeling Sexually Harassed at Work — Part I: Reporting Harassment
What should an employee do if she is feeling sexually harassed at work. Many people are concerned that they will be seen as complainers, others are afraid of retaliation, and still others do not believe that there is anything that they can do about it. Victims of sexual harassment often wait until the proverbial straw that breaks […]
Common Workplace Violations That You Should Be Aware Of
The most important things to all employees are wages and benefits. Since there are laws in place to protect employees, when it comes to these, it is important for employees to know what their rights are, as well as the workplace violations they should be aware of. Wage Theft When an employee does not receive earned pay, […]
Illinois Employers to Offer Voluntary Retirement Plan in 2017
Among the many changes to laws impacting Illinois Employers, one of the most novel changes in Illinois is the “Secure Choice” Law that goes into effect on June 1, 2017. In a time when people are concerned that Social Security won’t be there when they retire, and the State of Illinois declares its budget is in crisis […]
UPDATE: Change in FLSA Overtime Exemption for Domestic Service Workers is Put on Hold
As we discussed at length in our a previous blog post the Department of Labor issued a new rule that updated the definition of “companionship services” which would have entitled many more domestic service workers to overtime pay. The proposed rules have now be vacated by a Judge in Washington DC. In making his ruling, the Judge […]