Although employment lawyers handle unemployment hearings as a matter of course, it has been a common practice for larger companies to have non-attorneys representing them in administrative hearings, including at the Illinois Department of Employment Security (unemployment hearings.) An opinion from the Illinois Appellate Court in Chicago may change that. While individuals are permitted to […]
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 […]
Are You Owed Overtime For Working Through Your Meal Break?
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 […]
How An Employment Attorney Can Help Employers Make Tough Decisions
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 […]
Consult With An Employment Attorney Before Signing Your Severance Agreement
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 […]
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 […]
New FLSA Claim against Apple Seeks Unpaid Wages for Time Spent Going Through Security Check
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 […]
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 […]
Salaried Employees And Their Rights To Overtime
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 […]