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 […]
When To Consult With An Employment Attorney
It is important to know whom you can turn to and trust in the event your employment rights have been violated, especially when you have taken the appropriate steps to handle your concern but have not been taken seriously. It is often during these occasions in which employees will ignore their concerns simply because they […]
Am I Being Sexually Harassed?
Sexual harassment cases happen fairly often in today’s workplace. And, since sexual harassment can come in a variety of forms, it is critical to understand if you are being sexually harassed or not. What Does Sexual Harassment Look Like? The most common forms of sexual harassment are as follows: Unwelcome sexual advances made by supervisors or co-workers. Requests […]
Do I Qualify For FMLA?
What Is FMLA? The Family and Medical Leave Act (FMLA) is a federal program that was developed for full-time employees that allows them to take time off for specific familial or medical reasons, and allows them to be reinstated in their current position upon their return from their leave. What Is Covered Under FMLA? Under FMLA, eligible […]
Exempt Employees And The Federal Overtime Law
What Is An Exempt Employee? Most employers are required to pay their employees overtime, according to federal and state laws, however, these laws often times contain exceptions, meaning that some employees are not qualified to receive overtime pay and are considered “exempt” employees. Businesses that have more than $500,000 in sales each year or is considered […]
When To Consult With An Employment Attorney
While there are a variety of reasons one may wish to consult with an employment attorney, here examples of situations in which one should consider doing so: If You Are Experiencing Issues With Your Employees: There may be many occasions in which you may need to consult with an employment attorney, especially when running your own business. […]