In order to establish a national minimum wage as well as other labor laws, The Fair Labor Standards Act was passed in 1938. This act not only guaranteed things like overtime to qualified employees and the 40-hour workweek, but also prevent the employment of minors in “oppressive child labor”. Minimum Wage & Overtime The Fair Labor Standards Act requires that […]
Employment laws protect employees from having their employment rights violated. From discrimination to harassment, to the payment of wages, there are many ways an employee’s rights can be taken from them, with the most common being wage and overtime theft. Some people, however, may not recognize when these violations occur to them. In order to […]
Although the minimum amount of wages a worker may earn has not changed since 2008, many workers still do not fully understand how the Illinois’ minimum wage works. Maduff & Maduff is here to help you better understand how the minimum wage in 2018 for Illinois is different along with clearing up some common misconceptions. […]
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 […]
Effective December 1, 2016, the Department of Labor is enacting a new overtime law in which the Fair Labor Standards Act is being changed, allowing the threshold annual income below which overtime pay is required (assuming all other requirements for overtime pay are satisfied) to rise to $47,500, compared to $23,660, which was the amount […]
On October 19, 2016, we posted a blog about the Chicago Minimum Wage law which became effective July 1, 2015, with an hourly wage of $10.00, increased to $10.50 July 1, 2016, and continues to increase incrementally each year into the future. The Chicago law also imposes very substantial penalties on employers who violate 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 […]
While the updated salary requirements to be exempt from overtime are receiving all the headlines there were other important changes that will go into [WHEN] effect. One of those changes is a new rule that allows an employer to count non-discretionary payments towards the new $47,476.00 salary threshold. The rule caps this amount at [THE LESSER OF/GREATER […]
The three White Collar Exemptions are by far the most common asserted by employers to avoid paying overtime. If an employer wants the apply the exemption to any employee, it must show that it pays the employee paid a minimum salary, and that the employee meets the particular duties test. The most common duties tests are as follows: […]
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 […]
