Employment Contracts and Agreements

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Steve Jobs has passed away, leaving many iMourners beside themselves today. His legacy has touched many aspects of everyone’s lives, from the way they now conduct business on a tablet, to the way they remember what groceries to get, to the amount of overtime people are owed ….WHAT!?! How did that last bit get in there?

Our blog is not just satisfied mentioning Jobs passing, finding a candle app on our iPad and holding it above our heads. We must look at the lasting impact the iphone, ipad, and other electronic devices have on wage & hour law in the workplace.

As a harsh reminder of the impact technology is having on wage & hour law, recently Chicago police Sgt. Jeffrey Allen filed a class action against the City of Chicago claiming iOT. Allen is suing the City of Chicago on behalf of himself and others, seeking pay for time spent dealing with work-related phone calls, voice mails, emails, text messages and work orders via BlackBerry devices and similar “personal digital assistants.” The officer alleges these activities entitle the group to overtime compensation under the federal Fair Labor Standards Act (FLSA).Continue Reading Bits and Bytes

By: Chuck Post

Over the last year, Weintraub Genshlea Chediak Tobin & Tobin has tripled the size of its employment law department. In addition to enhancing the services we can provide to our clients, this growth has allowed us to continue presenting our quality seminars and maintaining our Labor and Employment Law Blog. Our results…

Big news! Weintraub’s L&E Law Blog is one of the nominated candidates for the LexisNexis Top 25 Labor and Employment Law Blogs of 2011.

We need your help! Click here, log onto the Labor and Employment Law Community and then leave a comment at the bottom of the page saying “I vote for The…

Employers now may be permitted to include clauses known as class-action-waivers in arbitration agreements with employees, according to a recent decision of the U.S. Supreme Court.  Valid class-action-waivers restrict employees who wish to pursue legal recourse against employers to do so only through individual arbitrations and not as a member of a class action filed in court.  Simply put, these provisions require an employee to waive his or her right to participate in class-action litigation against the employer.  Where such waivers are allowed, employers may reduce substantially their exposure to costly class actions; for example, those alleging wage-and-hour or meal-and-rest-period violations.
Continue Reading LAW ALERT: Employers May Have Ability to Reduce Class-Action Exposure Under New U.S. Supreme Court Decision

In Nein v. HostPro, Inc., a Court of Appeal held that the language of the employee’s employment agreement precluded him from recovering commissions following his termination of employment. Plaintiff worked as a sales representative for HostPro for a period of 2 years. He signed an employment agreement that expressly provided that Plaintiff would be eligible for commission pay “so long as [he] remains employed with the Company as a Sales Representative.”
Continue Reading EMPLOYEE HAS NO RIGHT TO POST-TERMINATION COMMISSIONS