Search for labor

Articles (47)

Executive Orders affecting Unions issued by the Obama Administration.
President Barack Obama signed a series of executive orders in his first month in office favorable to organized labor. They include: Notification of employee rights under federal labor laws ; Economy i... applies to All States

Your Job Title Does Not Determine Whether You Are Exempt from Overtime Compensation
California courts and the Department of Labor have repeatedly held that an employee's title doesn't determine whether he or she should be exempt from receiving overtime compensation. In other words, j... applies to California

Military Employment Leave: Uniformed Services Employment and Reemployment Rights
Federal USERRA The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was signed into law on October 13, 1994. USERRA clarifies and strengthens the Veterans' Reemployment Right... applies to All States

Illinois State Overtime Law
This page is article is devoted to Illinois law. It presumes you have a basic knowledge of the Federal Law. But for more information on the Federal Overtime Law please visit our FLSA page at http://ww... applies to Illinois

Movie Theaters are exempt from federal overtime laws
The federal Fair Labor Standards Act (FLSA) exempts employees of motion picture theaters from the FLSA's overtime requirements. 29 USC 213(b)(27) . Ohio's overtime laws incorporate the FLSA's exemptio... applies to All States

Arizona paid holidays are not mandatory
In Arizona, employers in the private sector are not required to give employees paid time off for national holidays. As a practical matter, most employers pay for the major holidays to keep competitive... applies to Arizona

Exempt or Nonexempt: Do You Receive Overtime Pay?
When it comes to the idea of overtime pay, most think that only the laborer, manufacturer or other "blue collar" worker is eligible to receive overtime, not the professional, executive, supervisor or ... applies to California

Ohio Duty of Fair Representation in the public sector
A union owes all of its members a duty of fair representation. The union cannot discriminate against an individual or group of members regarding matters for which the union represents them. This inclu... applies to Ohio

Overtime pay for On Call Time
Federal overtime law addresses whether "on call" time is considered "hours worked". It states: An employee who is required to remain on call on the employer's premises or so close thereto that he cann... applies to All States

USERRA Overview
Federal USERRA The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was signed into law on October 13, 1994. USERRA clarifies and strengthens the Veterans' Reemployment Right... applies to All States

Outside Sales Employees Exemption from Overtime and Minimum Wage
Section 213(a)(1) of the Fair Labor Standards Act ("FLSA") exempts outside sales employees from its minimum wage and overtime requirements. The employer has the burden of proving the outside sales exe... applies to All States

Illinois Wage Payment and Collection Act
The Illinois Wage Payment and Collection Act governs when Illinois employers must pay employee wages and commissions, prohibits most deductions from employee pay, requires notice for changes in pay an... applies to Illinois

Other Legal Links for posting to Resources page
Akron Community & Government The complete online guide to the Akron area, with accomodations, real estate, business and location information. AttorneysDelivered.com Search our professionally scree... applies to Nebraska

Guide to Employer FMLA Notices with DOL Approved FMLA Forms
A. Employer Notices The 2008 FMLA regulations require four separate types of Employer notices: “General notice,” which means the poster listing employees’ FMLA rights, plus a new a requirement t... applies to All States

Exemptions for Executive, Professional, Administrative Employees
Section 213(a)(1) of the Fair Labor Standards Act ("FLSA") exempts executives, administrators and professionals from its minimum wage and overtime requirements. Test for Executive, Professional and Ad... applies to All States

Overtime Wages When Carrying and Using a Pager or Cell Phone After-hours for Your Employer
Employees are often asked to carry a pager or cell phone after regular work hours to respond to customer calls or emergencies. Sometimes, the employee is not compensated for the time spent carrying th... applies to All States

Sexual Harassment under Illinois Law Defined
The Illinois Human Rights Act, 775 ILCS 5/2-102(D) prohibits: Any employer, employee, agent of any employer, employment agency or labor organization to engage in sexual harassment; provided, that an e... applies to Illinois

Minimum Wage and Overtime Exemptions
The Fair Labor Standards Act (the "FLSA") excludes individuals from coverage and exempts others from overtime and/or the minimume wage. The FLSA excludes individuals in the definition of "employee" in... applies to All States

WARN Act Requires 60 Days Notice for Plant Closings and Mass Layoffs
The Worker Adjustment Retraining and Notification Act ("WARN") requires employers to provide 60 days advance written notice of a "plant closing" and "mass layoffs." This article defines a mass layoff ... applies to All States

Hours Worked Under the Fair Labor Standards Act for calculating Overtime
The amount of overtime owed to an employee is the Regular Rate multiplied by the number of Hours Worked during a Workweek . This Article covers Hours Worked. Hours worked includes all time during whic... applies to All States

Tired Truckers: How the Tracy Morgan Crash is a Sign of a Bigger Problem
Driving while tired can be just as dangerous as driving while intoxicated, and in an industry that pushes the limits on production, tired truck drivers are often the result. The recent tractor trailer... applies to North Carolina

Overview of COBRA Health Insurance Continuation Rights
COBRA is a federal law that requires group health plans to continue covering an employee after the employee's employment has ended. COBRA stands for the Consolidated Omnibus Budget Reconciliation Act,... applies to All States

Family and Medical Leave Act 2008 Rule Changes.
The Department of Labor issued final changes to its Family and Medical Leave Act (FMLA) rules, which took effect on January 16, 2009. These changes include the new leave related to military service me... applies to All States

Should I Be Getting Paid Overtime as a Salaried Employee?
Enter your article here On many occasions, employees come to me who are working dozens of hours for their employers, but are not getting paid overtime. I ask them why and the response is , I'm salarie... applies to All States

Change in Employer Wage Notification Requirements
Effective April 9, 2011 the New York Wage Theft Protection Act of 2010 has substantially modified the existing wage notification requirements under New York Labor Law Section 195. Under prior law, an ... applies to New York

Tipped Employees Under the Fair Labor Standards Act
Enter your article here In many instances these days, employees are coming to my office with questions about tips, what hourly rate an employee who gets tips must be paid and whether an employer may r... applies to All States

Is My Employer Required to Give Me Meal or Break Time?
Enter your article here The general answer, under Federal law, is no. However some states have their own rest or lunch break statutes for employees, which as of the posting of this blog, include: Cali... applies to All States

Ohio Cuts Funding for Dept. of Commerce Minimum Wage Enforcement
This is troubling. According to a press release issued by Policy Matters , the current Ohio state budget has no funding for ongoing minimum wage enforcement. Specifically, Policy Matters states: Fundi... applies to Ohio

Appealing Denial of COBRA Subsidy
Most people are now aware that if your employment is involuntarily terminated between September 1, 2008 and December 31, 2009, you may be eligible for the 65% federal subsidy for COBRA. But, what happ... applies to Illinois

NLRB Expands Employee Rights
In a significant recent development, the National Labor Relations Board ("NLRB") settled a case it brought against a private employer for having overbroad policies concerning an employee's activity on... applies to Tennessee

Is an Intern Supposed to Get Paid?
Enter your article here Many times a student intern is working for an employer without getting paid for the hours worked. In addition, when the intern is not paid as an employee, they are also not ent... applies to All States

Work from Home Registered Nurse exempt from overtime pay
January 21, 2020 Under the Fair Labor Standards Act a registered nurse consultant worked from home, rarely interacted with her supervisors, applied her employer’s clinical guidelines while analyzing... applies to New York

CVS sued in Texas for overtime violations!
CVS Pharmacy, Inc ., one of the country's largest retailers, has been sued in Texas by a Sales Associate for overtime violations under the FLSA. Mr. Zahid Khan, represented by Attorney Salar Ali Ahmed... applies to Connecticut

Hard Rock Cafe Servers Claim Illegal Tip Pooling
Enter your article here Well the national chain of Hard Rock Cafe restaurants have recently been hit with a lawsuit under the FLSA complaining about its tip handling procedures. The allegations of the... applies to All States

Do I need to provide a doctor’s note to verify the need for a medical leave of absence?
Taking a medical leave of absence is not ideal for an employee or their employer, but it happens. The law recognizes that sometimes things happen in an employee’s life that they have little or n... applies to All States

Dont Let Your Employer Misclassify You As An Independent Contractor
Enter your article here The Federal Government and President Obama have announced that they with the IRS will be cracking down on enforcement of employers that misclassify their employees as 1099 inde... applies to All States

5 Things You Didn’t Know About Being Forced to Quit
If your boss fires you for an illegal reason you can assume you should call a wrongful termination attorney to discuss a potential suit against the organization for wrongful termination at the very le... applies to All States

3 Reasons to Get Things in Writing in Employment Law
Many people are excited at the prospect of a new job, and most do not predict it will lead to anything but income and perhaps some satisfaction at work well done. People do not usually expect for thei... applies to California

Five Facts about New York's New Employment Protections
In June 2019, the New York Legislature passed major changes to the state's employment laws. The new and expanded provisions offer greater protections to victims of sexual harassment and workplace ... applies to New York

3 Examples of Invasions of Privacy in the Workplace
Unlike other states, California has a special protection of privacy written into its constitution, which says citizens have certain inalienable rights, including “pursuing and obtaining safety, ... applies to California

3 Examples of Invasions of Privacy in the Workplace
Unlike other states, California has a special protection of privacy written into its constitution, which says citizens have certain inalienable rights, including “pursuing and obtaining safety, ... applies to California

USERRA
Enter your article here Reemployment Rights Act (USERRA). The Uniformed Services Employment and Reemployment Rights Act of 1994 is a federal law intended to ensure that persons who serve or have serve... applies to All States

How good training can prevent sexual harassment in the workplace
How good training can prevent sexual harassment in the workplace In the United States of America, each state has its own laws on employment law. In California, laws that regulate employment are quite ... applies to All States

5 Employees who are Targets of Discrimination and/or Wrongful Termination
5 Employees who are Targets of Discrimination and/or Wrongful Termination Employees in California are considered at-will employees . This means if you are employed in California, unlike other States, ... applies to All States

3 Examples of Invasions of Privacy in the Workplace
Unlike other states, California has a special protection of privacy written into its constitution, which says citizens have certain inalienable rights, including “pursuing and obtaining safety, ... applies to California

Tips for Sex Discrimination in the Workplace
In 1982, Ann Hopkins applied for partnership at Price Waterhouse in New York, where she was a senior manager. The company held off on making the decision for a year and then refused to revisit her pro... applies to California

4 Reasons Why the Law Protects Whistleblowers
Before protective laws were enacted through Congress, workers couldn’t feel confident in reporting malfeasance throughout the workplace due to backlash and ostracization by superiors. Those empl... applies to All States