Making the decision to consult with an employment attorney may not be an easy one to make. Many do not understand when their employment law concerns should be taken to the next level. The employment attorneys at Maduff & Maduff want to help you understand when your employment law violations need to be addressed by an employment attorney. Wrongful termination, […]
Your FMLA Rights: How An Employment Attorney Can Help
If your FMLA rights have been violated, there are several things that you, as an employee, can do. While these things may be handled by yourself alone, by using an employment attorney, the outcome may be different. It is also important that you consult with an employment attorney that specializes in FMLA before tackling any of the following […]
Appeals Court Deals Mandatory Arbitration a Huge Blow—Or Does It?
Epic Systems Corporation, a healthcare software company in Wisconsin thought it could prevent its employees from suing to recover alleged failure to pay overtime by a simple arbitration agreement. Epic required its employees, on pain of losing their jobs, to agree that any wage-and-hour claims would be settled only by individual arbitration and that such claims could not be pursued in a […]
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 […]
To Qualify for FMLA You Need to have worked 1,250 Hours — How is that Calculated
In a recent decision from the U.S. District Court in Illinois — Caggiano v. Illinois Department of Corrections— the Plaintiff, a prison correctional officer, retroactively requested FMLA leave on April 18, 2012, after being out for three consecutive days caring for his mother on April 7 – 10. The Defendant denied the FMLA request asserting that […]
CLASS ACTIONS CAN NO LONGER BE “BOUGHT OFF”
The Class action lawsuit, along with the Collective Action lawsuit used in FLSA overtime and wage cases, are critical tools for individuals to be able to vindicate their rights. By taking a small amount of money from a lot of people, a company can make a huge financial difference to its bottom line, without creating […]
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 […]
Hiring An Employment Attorney
In today’s world, where lawsuits have become a common thing, it is important to know whom you can turn to and trust in the event you are filed with a lawsuit. Regardless of the situation you may be facing, an employment attorney can help you. There may be many occasions in which you may need to seek […]
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 […]