Federal laws provide protection for employees against abusive treatment by their employers, helping to prevent discrimination, while providing a fair wage. FLSA and Fair Wages for Overtime The Fair Labor Standards Act of 1938 (FLSA) requires an employer to pay employees 150% of their regular hourly rate for any work-hours that exceed 40 hours during a regular work week. Some employers…
Many companies will not hesitate to use common scare tactics when they wrongfully discharge an employee. There are a number of accusations that employers use as a cause to discharge an employee; however, it does not necessarily exempt the employee from suing for a wrongful discharge even in “at will” states. Common Scare Tactics that Companies Use When They Wrongfully Discharge…
When an individual is pursuing employment opportunities, it is imperative to consider how a non-compete agreement will affect them if they decide to leave. Escaping non-compete agreements in today’s business environment is not as simple as it used to be. Many courts now uphold these agreements in favor of the employer unless it can be proven that doing so will…
Even though Illinois is an “at will” employment state, there are still circumstances where an employee may be able to sue an employer for breach of contract. Contracts may be more than a specific written agreement signed by an employer and employee; other written documents, or even unwritten standards adhered to by an employer concerning the way the majority of…
A leave from work to care for your own medical condition or a serious medical condition of a loved one is typically covered under employment laws. The employee’s job will be held for the specified length of time as per their employment contract. However, if the employee loses a close family member, most companies do not have the same policies…
Unemployment can be a double-edged sword for some families. Past-due bills and financial hardship can create a less-than-perfect credit score. So why do some employers find it necessary to run a credit check for potential employees? While Federal law requires written permission for an employer to check your credit, it can be unsettling to go through the interview process and…
As an employee in Illinois, you are entitled to work in a hazard-free, discrimination-free environment. Every employer has legal obligations to their employees. The Chicago employment and discrimination lawyers at Goldman & Ehrlich can offer invaluable guidance to employees who feel their rights are being violated by their employer. Specific Legal Rights of Illinois Employees Legal rights of employees include:…
Under The Americans with Disabilities Act (ADA), Title 1, an employer with 15 or more employees is required to provide a disabled person with the same opportunities to perform their job function as they do for an employee without a disability. This does not give preferential treatment to the disabled employee; but does provide equal opportunity. An employer must accommodate…
Keeping the peace between employer and employees is beneficial to both, but often an arduous task. Employers want employees to work to the best of his or her ability while maintaining a positive morale. Employees feel the need to hold on to their jobs even if they disagree or dislike their boss. High morale can prevent costly turnovers and increase…
The Department of Labor (DOL) states that unless an employer is a non-profit organization, using an intern for unpaid labor is against the law according to the Fair Labor Standards Act (FLSA). Many businesses experiencing a down-turn attempt to find interns who are willing to provide free labor simply for the opportunity of gaining experience, or a “trainee” in their…