Often times, salaried employees have misconceptions when it comes to overtime, and if they are qualified or not to receive overtime pay. While most salaried employees are exempt from overtime, salaried employees may also be eligible for overtime, but only in the following situations. For salaried employees who are qualified and entitled to overtime pay, their overtime […]
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, […]
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 […]
Two Years of Continued Employment is Required to Support a Non-Compete Agreement in Illinois
For a non-compete to be valid it must meet the three basic requirements of an ordinary contract: offer, acceptance and consideration. Consideration is a legal term that essentially boils down to whether the parties have agreed to exchange something within the contract terms. When you purchase a gallon of milk, you are agreeing to pay the store for […]
Excessive Non-Competes: The Jimmy Johns Problem
While non-compete agreements do have their purpose, they are over used and abused by employers. As a general proposition, they are disfavored in most states as a restraint upon trade. Most recently, a non-compete agreement that Jimmy Johns’ Sandwich shop has used with even its low wage workers has caused a stir in the employment […]
Understanding Your Rights As An Employee
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 […]
Supreme Court Hears Overtime Arguments on Pay for Security Checks
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 […]
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 […]
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 […]
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 […]