Many employers assume a worker who gets paid a salary is not entitled to the premium overtime compensation rate, but this is not the case.
Although earning an annual salary of at least $23,600 is one of the requirements for overtime exemption, an employee must also fit into one of three categories in order to qualify for the exemption. Only administrative, executive, and professional employees can legally be denied overtime compensation. Continue reading ›
Our Chicago car dealer fraud and Lemon Law attorneys near Lombard and Westmont bring individual and class actions suits for defective cars with common design defects and auto dealer fraud and other car dealer scams such as selling rebuilt wrecks as certified used cars or misrepresenting a car as being in good condition when it is rebuilt wreck or had the odometer rolled back. Super Lawyers has selected our DuPage, Kane and Cook County auto-fraud, car dealer fraud and lemon law lawyers as among the top 5% in Illinois. We only collect our fee if we win or settle your case. For a free consultation call our Chicago class action lawyers at our toll free number 630-333-0333 or contact us on the web by clicking here.
Misclassifying workers as exempt from overtime is one of the most common ways employers avoid paying overtime compensation.
The federal Fair Labor Standards Act (FLSA) defines overtime as all time spent working after eight hours a day or forty hours a week. The FLSA requires employers to pay all hourly workers one and one-half times their normal hourly rate for all overtime worked. There are exceptions to this rule, but the law is very specific about the types of employees that can qualify for the exemption. Continue reading ›
Under the federal Fair Labor Standards Act (FLSA), every employee is entitled to receive accurate itemized wage statements along with their paychecks. These wage statements need to specify: the employee’s hourly rate; the pay period; the number of hours the employee worked in that pay period; the total wages paid, and any deductions made to the employee’s wages (such as taxes, health insurance, etc.).
Employers are required to provide these wage statements so their workers can keep track of the hours they worked and the money they made. It also helps them estimate how much money they’ll make in future pay periods so they can plan their finances accordingly. Continue reading ›
Many employees suffer low wages or work overtime without compensation because they are afraid their employers will lash out against them if they speak up, but some wage and hour violations do have happy endings.
Li Xiu Z. worked as a cook at Yank Sing, a dim sum restaurant in San Francisco. She was paid San Francisco’s minimum wage ($12.25 per hour) for eight hours a day, but she allegedly worked 11-12 hours most days.
Although she does not speak English, Li had more knowledge of and experience with wage and hour violations than many of her English-speaking counterparts. She had had a similar experience working for a previous employer and had won back pay to make up for the earned wages she had not received.
Li met with other employees of Yank Sing and they decided to issue a formal complaint against the restaurant. Continue reading ›
Our Chicago libel and slander lawyers concentrate in this area of the law. We have defended or prosecuted a number of defamation and libel cases, including cases representing a consumer sued by a large luxury used car dealer in federal court for hundreds of negative internet reviews and videos which resulted in substantial media coverage of the suit; one of Loyola University’s largest contributors when the head basketball coach sued him for libel after he was fired; and a lawyer who was falsely accused of committing fraud with the false allegation published to the Dean of the University of Illinois School of Law, where the lawyer attended law school and the President of the University of Illinois. One of our partners also participated in representing a high profile athlete against a well-known radio shock jock.
Our Chicago defamation attorneys defend individuals’ First Amendment and free speech rights to post on Facebook, Yelp and other websites information that criticizes businesses and addresses matters of public concern. Our Chicago Cybersquatting attorneys also represent and prosecute claims on behalf of businesses throughout the Chicago area including in Carol Stream and Glen Elyn and Elmhurst, who have been unfairly and falsely criticized by consumers and competitors in defamatory publications in the online and offline media. We have successfully represented businesses who have been the victim of competitors setting up false rating sites and pretend consumer rating sites that are simply forums to falsely bash or business clients. We have also represented and defended consumers First Amendment and free speech rights to criticize businesses who are guilty of consumer fraud and false advertising.
The Fair Labor Standards Act (FLSA) is a federal law that provides various protections for workers in the United States who would otherwise be vulnerable to exploitation by their employers. In order to accomplish this, the FLSA regulates things like minimum wage and overtime, but not everyone is entitled to these protections.
Under the FLSA, independent contractors (those who are self-employed) are exempt from many of these protections. This is because the law assumes independent contractors have greater leverage when negotiating how and when they get paid.
Because they are largely unprotected, the FLSA provides specific requirements workers must fulfill in order to be considered independent contractors. These include the ability to make their own hours, control the environment they work in and decide what they wear to work. Continue reading ›
The federal Fair Labor Standards Act (FLSA) was careful to provide a definition of “work” in order to make sure companies did not take advantage of their employees by forcing them to perform work without fair compensation. Unfortunately, the definition is still sufficiently vague as to leave some matters in question.
One of those matters is the time it takes to put on (don) and take off (doff) any uniforms or safety equipment employees are required to wear while working. Most companies don’t consider donning and doffing special clothing or equipment to be work, so they don’t pay their employee for that time. The workers, on the other hand, argue that as long as their employers require them to don and doff uniforms or safety equipment before and after their shifts, it cannot be considered part of the employees’ personal time. Continue reading ›
Our Chicago non-compete agreement lawyers have defended physicians, doctors and high level executives in covenant not to compete and trade secret lawsuits. A case in which our firm defended a former Motorola executive was covered in Crain’s Chicago business. You can view that article by clicking here. We have also successfully assisted physicians in escaping non-compete clauses and recovering hundreds of thousands of dollars in damages for unpaid income arising from wrongful termination or failure to honor payment agreements.
DiTommaso Lubin a firm of Chicago business dispute lawyers handles litigation over non-compete clauses for individuals and businesses of all sizes, including small or closely held businesses for whom competition from an ex-employee can be a serious threat. Our Chicago business lawyers with offices near Naperville, Oak Brook and Chicago have substantial experience in restrictive covenant and breach of contract cases, and we are proud of our record of strong results.
Chicago Business Litigation Lawyer Blog
