In an en banc opinion which the dissent calls “momentous”, on April 4, 2017, the Seventh Circuit held “that a person who alleges discrimination on the basis of her sexual orientation has put forth a case of sex discrimination for Title VII purposes.” With this opinion, the 7th Circuit becomes the first in the nation to explicitly recognize sexual orientation […]
Understanding Your Severance Agreement
When an employee’s employment is “at will”, this means that an employee can either quit or be fired at any point during their employment. Which means that in the case of either 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 […]
Wage Theft: A Common Workplace Issue
Wage theft is a common workplace issue that is increasingly becoming a problem for employees all over the country. Wage theft may occur when an employee does not receive all of their wages or any wages at all. Recognizing Wage Theft Not paying employees correctly maybe a violation of the Fair Labor Standards Act (FLSA). The FLSA establishes a Federal […]
Recognizing Sexual Harassment In The Workplace
Every workplace should be free from sexual harassment or discrimination of any kind. All workplaces are required by law to ensure that each and every employee is free from these concerns. Nonetheless, they do happen, and often. Unfortunately, many people fail to understand that sexual harassment comes in a variety of forms, and identifying it is not always easy. […]
What Does a Trump Administration Mean in Employment Law
On January 20, Donald Trump was inaugurated as the 45th President of the United States. While the new administration’s policies are unclear on a wide range of issues, his comments during the campaign provide some hints on positions he will take with regard to labor and employment law. At the outset, we can assume that they […]
Understanding Employer Retaliation
Employees are often hesitant when it comes to calling out their employer for doing something wrong by a complaint to management or Human Resources. Most employees are typically concerned with one thing—retaliation by their employer. That same fear of retaliation comes when an employee reports the employer to a regulator like the EEOC (for discrimination), the Department […]
New in Illinois: Non-Compete Agreements With Low-Wage Earners are Illegal
On January 1, 2017, the Illinois Freedom to Work Act went into effect. The law prohibits private employers from entering into a non-compete agreement with “any low-wage employee.” The statute makes any such agreement “illegal and void.” Under the law, a non-compete agreement applies to the many common restrictive covenants including: Any agreement that prohibits working for any other employer […]
A New Year Brings New Employment Laws For Illinois
On January 1, 2017 a number of new laws went into effect in Illinois. Whether you are an employer or an employee, here are some employment laws you should know: Social Media Password Protections House Bill 4999 makes it illegal for an employer, or potential employer, to ask you to sign into your social media account […]
What You Need To Know About The Illinois Sick Pay Leave Act
On January 1, 2017, a new sick pay law will come into effect for employees in the state of Illinois. While it is called the Illinois Sick Pay Leave Act, it does not actually require employers to provide sick leave (starting in July, most Chicago employers must provide sick leave as well as Cook County Employers). The […]
Federal Overtime Law Blocked
December 1, 2016 was supposed to be the day that about 4 million Americans were set to qualify for overtime pay under a new federal rule by the Fair Labor Standards Act. The new overtime law would have doubled the annual salary threshold from $23,660, to $47,476, which determines who qualifies for overtime pay when they work over […]