It is important when wanting to run a successful business, that employers ensure their employees are free of common workplace issues, such as harassment and discrimination. While even the best businesses work hard to ensure they have policies in place, they may experience one of these potential workplace issues. In the event that it does happen, it is critical to ensure […]
Can an Employer Require Employees be Vaccinated?
With the current measles scare around the country there is a growing question about whether an employer can mandate as a condition of employment that its employees provide proof of vaccinations. Disney has required all of its employees who were in contact with infected co-workers to stay home (paid) or prove they have been vaccinated. In most […]
USERRA and your Rights
USERRA and Your Rights Those who serve are our nation’s heroes. While away protecting our country, our country must protect their employment rights—and it does! The Uniformed Services Employment and Reemployment Rights Act, USERRA, covers current and former members of all military branches, the Coast Guard, the Public Health Service and the National Disaster Medical […]
HR Firm Agrees to Pay $1 Million in Back Wages: Being Paid A Salary Does Not Exempt You From Overtime
In this case, a contract Human Resources firm (you would think they would get this stuff right) believed that by raising its employees salaries high enough it exempted them from the FLSA and its overtime provisions. The result of this misreading of the law was a $1 million dollar settlement to pay back wages to […]
Supreme Court Will Decide: Are Car Dealership Service Advisors Entitled to Overtime
Last week the Supreme Court agreed to review a case out of California that determined that Car Dealership Service Advisers were entitled to overtime. We discussed it at length here. The California decision was in stark contrast to two other decisions which held that Car Dealership Service Advisors were not entitled to overtime. The issue is whether service […]
All I Got For Christmas Was A Pink Slip
Every employee hopes for a bonus at Christmas time. But terminations are also common. Is it because the company is looking to avoid the Christmas bonus? Is it because the company is simply trying to reduce staff before the end of the year? For whatever reason, we see a slight uptrend in terminations at this […]
2-Years Later – Two Years of Continued Employment is Required for a Non-Compete
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 […]
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 […]
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 […]