» Employee Benefits Law

Austin, TX (Law Firm Newswire) January 27, 2015 – A Texas man has filed a lawsuit against his former employer, claiming that he was fired because of his age. Odell Hyden filed suit against Hagemeyer North America Inc., in the Houston Division of the Southern District Court of Texas. “Age discrimination in employment is prohibited by both federal and Texas state law,” said Gregory D. Jordan, an Austin employment attorney with the Law Offices of Gregory D. Jordan, “but its proof often requires circumstantial evidence. Employers sometimes try to disguise age discrimination by alleging that a long-term productive employee is […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) January 15, 2015 – Employees are protected from unfair wages and retribution under labor law act. If an employer is not in compliance with the law regarding fair wages for all work performed under the Fair Labor Standards Act (FLSA), an employee has the right to file a wage claim. Workers have several options for filing these claims. They may either file with the U.S. Department of Labor or approach their state labor department. Successful claims may result in an employer paying all unpaid wages to the claimant. Claims may not be filed for types […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) January 8, 2015 – Key federal and private efforts address future employment for returning military personnel. According to 2011 White House estimates, over one million armed services personnel will return home during the period from 2011 to 2016. With the projected statistics in mind, President Obama challenged the private job sector to train and hire 100,000 veterans and their spouses by the end of 2013. Businesses met and surpassed that goal by August 2013 with 125,000 individuals hired. Further efforts included the call for over 200,000 private companies that contract with the federal government to […]


Continue reading full article »

Sacramento, CA (Law Firm Newswire) January 2, 2015 – Clothing made in California for outlets such as Macy’s, JC Penney and Kohl’s, actually comes from local sweatshops where some employers routinely unplug the clock intended to keep track of worker’s hours. The U.S. Department of Labor determined Los Angeles-based P & Young Apparel Inc. was falsifying payroll records after an investigation revealed time cards that alleged workers on the same shift all checked in within two minutes of one another, a classic indication of tampering. Ultimately, P & Young owed the 15 employees in question $33,000 for their unpaid work. […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) December 22, 2014 – It has been illegal to sexually harass someone in the workplace for more than 50 years. But despite Title VII of the Civil Rights Act of 1964, sexual harassment still takes place. According to the Equal Employment Opportunity Commission (EEOC) sexual harassment complaints make up at least eight percent of all complaints filed, with four out of 10 having enough merit to pursue. Cases pursued by the EEOC are filed under Title VII of the Civil Rights Act, which prohibits sexual harassment and retaliation against a worker who files a complaint. […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) December 15, 2014 – Everyone with a job should have benefits of some kind. The law mandates that an employer must provide them. “Working full-time usually means you get a paycheck – cash to be put into the bank. But you get more than that; you also receive benefits. Those benefits may take the form of paid vacation or health insurance, referred to as non-cash benefits,” stated Timothy J. Coffey, a Chicago employment attorney. Benefits received are to provide for family and improve quality of life. The IRS allows certain tax breaks for many employment […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) December 10, 2014 – Working at home is common in the technology age, and certain laws apply when this kind of work situation is ongoing and not just temporary. “If you work at home, you need to know how you are classified by your employer. You also need to consider the laws that apply in your state of residence. Every state, with the exception of Montana, has “at-will” employment laws,” pointed out Timothy Coffey, a noted Chicago employment attorney. At-will employment means that a company may lay a worker off, demote or fire the worker, […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) December 3, 2014 – Pregnancy discrimination is illegal, but the practice is on the rise. “Being pregnant does not mean a woman cannot play a valuable and necessary role in the workforce. Despite the rules that clearly state pregnancy discrimination is illegal, it continues to happen, with employers attempting to covertly or overtly push pregnant workers out of their jobs,” explained Chicago employment attorney Timothy Coffey. The original U.S. legislation, still active, is the Pregnancy Discrimination Act of 1978. It bans employers with 15 or more workers from discriminating in the workplace based on childbirth […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) October 30, 2014 – Non-compete agreements are not always well-received in court. If a non-compete agreement is thrown out, a person may not have to comply with it. “Non-compete agreements are quite popular with employers, but a person bound by one may not have to comply with it. Most non-compete agreements state that an employee may not compete with an employer’s business for a designated time period after leaving the job, They may restrict who you work for, where your future job may be located and even the industry in which you work. Sometimes, it’s […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) October 24, 2014 – The Family and Medical Leave Act (FMLA) is applicable to all state, local and federal government and private employers with at least 50 workers who live within a 75-mile radius. “For employees to be eligible for leave, they must have worked for at least 12 months and 1,250 hours prior to starting leave. Many workers do not know that by law, employers are not required to provide paid sick leave. However, they are in certain situations mandated to permit employees to take up to 12 weeks of unpaid leave,” Timothy Coffey, […]


Continue reading full article »

Sacramento, CA (Law Firm Newswire) September 30, 2014 – Collective legal action has not been eliminated in pay disputes in California, but its role has been diminished. Employers may now insist on case-by-case arbitration. “In a highly anticipated ruling, the California Supreme Court has decided that California employers may stop their workers from suing jointly for unpaid wages or overtime and alternatively mandate case-by-case arbitration. In essence, the ruling limited collective legal action in wage disputes,” said noted Sacramento business attorney, Deborah Barron. In a 6-1 ruling, the court indicated that employers may enforce contracts mandating workers to submit all […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) September 30, 2014 – Personal grooming choices are not considered “protected” characteristics. “It is not against federal employment law for a company to decline to hire someone whose appearance does not appeal to them. Companies may base their hiring and work choices on an individual’s personal characteristics, and they may legally treat them differently according to their attributes,” explained Chicago employment attorney Thomas C. Coffey. Nationwide, an employer may not discriminate against an individual because of disability, race, color, nationality, age, sexual orientation or religion. Those classes are referred to as “protected” classes or groups. […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) September 26, 2014 – Employers in some states may legally refuse to hire a smoker. Some employers will screen job candidates during the hiring process, and some include a nicotine test. At such companies, a positive result will disqualify a candidate. This practice is allowable under federal law. However, if a person is hired, many states forbid employers from firing the worker after a negative drug test or if the worker becomes a smoker while employed. “For the most part, an employer may ban smoking in the workplace. Demanding a smoker step outside to smoke […]


Continue reading full article »

Sacramento, CA (Law Firm Newswire) September 24, 2014 – California caregivers have filed a class action lawsuit against Kindred Healthcare, Inc. for the company’s failure to pay minimum wage and overtime. “The charges include rest and meal break violations among a plethora of allegations relating to failure to pay overtime and minimum wage,” noted Deborah Barron, a Sacramento business attorney not involved in the lawsuit. “One plaintiff claims that she was denied overtime, and another suggests that she was not paid her full wages for helping an in-home care client.” Kindred Healthcare is one of the largest post-acute health services […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) September 22, 2014 – Personal grooming choices are not considered “protected” characteristics. “It is not against federal employment law for a company to decline to hire someone whose appearance does not appeal to them. Companies may base their hiring and work choices on an individual’s personal characteristics, and they may legally treat them differently according to their attributes,” explained Chicago employment attorney Thomas C. Coffey. Nationwide, an employer may not discriminate against an individual because of disability, race, color, nationality, age, sexual orientation or religion. Those classes are referred to as “protected” classes or groups. […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) August 29, 2014 – In an at-will employment arrangement, an employer may terminate a worker any time for a wide number of reasons. An employee may also quit any time for any reason, but he or she should do so with respect and courtesy if possible. “If you are thinking about quitting your job, make certain you know if you live in an at-will employment state, such as Illinois,” suggested Chicago employment attorney Timothy Coffey. “In virtually all states (with the exception of Montana), workers are presumed to be at-will employees unless the employment terms […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) August 22, 2014 – Most states hire workers “at-will.” Even though employees may usually be laid off at any time without notice, state and federal laws protect workers in some circumstances. “It is good common sense to understand whether or not you are employed at-will in your state. It affects how any labor disputes may be handled. Illinois is an employment-at-will state,” explained Timothy Coffey, a respected Chicago employment lawyer. State and federal laws protect workers in some circumstances. For instance, if a worker in Illinois has an employment contract, they do not have at-will […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) August 8, 2014 – At-will employment means an employer may terminate a worker any time for many reasons. An employee may also quit any time for any reason, but should do so with respect and courtesy if possible. “If you are thinking about quitting your job, make certain you know if you live in an at-will-employment state, such as Illinois,” indicated Chicago employment attorney, Timothy Coffey. “For instance, in virtually all states, with the exception of Montana, workers are presumed to be at-will employees, unless the employment terms fit an exception to the prevailing rule, […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) June 13, 2014 – Any agreements signed upon employment should be vetted with an employment attorney. Be on the alert for a clause indicating arbitration. Employment agreements may have a provision in them that a worker must submit to arbitration should there be a workplace dispute. If that agreement is signed without speaking to an employment attorney, the signatory is agreeing to resolve any disputes with an employer by means of arbitration. The arbitrator would be a privately hired judge. “Agreeing to arbitration as a dispute resolution mechanism means you have signed away your right […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) June 6, 2014 – Every state protects workers from various forms of discrimination. However, not all states protect transgender, lesbian, gay or bisexual workers from discrimination (LGBT). “Every state in the Union prohibits discriminating against workers based on their religion, race, national origin, gender and so forth. However, not every state offers the same kind of protection for LGBT employees,” outlines Timothy Coffey, an experienced Chicago employment attorney. Currently, there are 21 states and the District of Columbia that do offer protection to LGBT employees from discrimination. The remaining 29 states offer nothing in the […]


Continue reading full article »