When working in certain industries, specific safety gear and/or uniforms are required to make it safe for both employees and consumers. Sometimes this gear requires extra time to put on. If the gear is essential to the work done and contributes to an employee’s time,...
Employment Law
How to determine overtime pay for salaried employees
Under the Fair Labor and Standards Act (FLSA), employees that work over 40 hours per week are entitled to premium pay for all hours worked in excess of 40 in any given week. This is not only true with workers working a fixed hourly rate, but for non-exempt salaried...
Wage theft: Protecting yourself against unpaid wages
You are entitled to the money you’ve earned while working at your place of employment. When you do not receive the money you’ve earned, it can be considered wage theft. In other words, this involves individuals not receiving the compensation they are entitled to and...
Understand the basics of the Illinois Whistleblower Act
Many individuals struggle to understand the basics as it relates to the Illinois Whistleblower Act. Although there is the At-Will Doctrine, which states the employers can fire employees for any reason or for no reason at all, there are many exceptions to this law that...
Constructive discharge: Before you quit, you should contact McDonald & Kloth, LLC
Lots of employees have thoughts of leaving their employers for lots of different reasons. Although some employees leave for fairly standard reasons like a better job opportunity or a family move out of state. Other reasons may involve legal implications, including...
SCOTUS protects religious schools from discrimination lawsuits
On July 8, 2020, the United States Supreme Court ruled in a 7 to 2 decision. This decision held that religious schools have the authority take adverse action against their educators for any reason. This means that religious schools can hire, terminate, or discipline...
Is your non-compete agreement enforceable?
It is very common these days for employment contracts to include non-competition provisions, commonly called non-compete agreements. Whether you are an employer or an employee, you likely have some experience with NCAs. And no matter which side of the employment...
Understanding the different types of workplace sexual harassment
Due to the COVID-19 pandemic, more Wisconsin residents are working from home than before. For you, this change may be permanent, and it may lead you to exhale a sigh of relief if you have experienced workplace sexual harassment. Yet, whether at the office or online,...
Employment law and discrimination: Sports charter flights
Workers in Wisconsin should know that discrimination in the workplace is just not acceptable. There are laws that protect people from discrimination based on age, marital status, religious identity and other characteristics. Recently, one large employer, United...
Sexual harassment may be pre-cursor to poor stock performance
It appears that investors in Wisconsin and elsewhere penalize companies when incidents of sexual harassment are made public. For example, McDonald's former CEO Steve Easterbrook is now being sued by his former employer to recover the severance pay that he received...