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Employment & Labor Law

Employment & Labor Law

As a working person, the labor laws of the United States and Illinois impact your life every day. The amount of money you are paid, the safety and conduct regulations in place at your workplace, the rights you and your colleagues have to organize and take action when you feel you are not being treated fairly, and even the information you can and cannot be required to disclose in the workplace are all influenced and sometimes, the direct result of specific state and federal laws.

Employment and labor laws exist to keep you and all other working Americans safe, healthy, and in a position to earn a sufficient living while advancing in your career.

Employment and Labor Case Types

Employment and labor law is a broad area of law. Many different case types fall under this category, including:

  • Wage and overtime disputes;
  • Sexual harassment claims;
  • Discrimination claims;
  • Disputes related to labor union participation and actions;
  • Retaliation claims;
  • Wrongful termination claims; and
  • Whistleblower disputes.

It is possible for more than one of these issues to be present in a case, such as an individual who was wrongfully terminated as an act of retaliation after filing a sexual harassment claim.

Employee’s Rights and Employer Rights

Labor and employment laws exist to protect employees’ rights and in some cases, employers’ rights as well. Often, discussions about these laws focuses solely on employee rights, but it is important to recognize that employers do have rights as well. These include:

  • The right to terminate an employee for any legal reason without prior notice;
  • The right to require drug tests for employees who have been in drug treatment programs; and
  • The right to replace employees who have gone on strike.

Employees also have numerous workplace rights, including, but not limited to:

  • The right to a workplace free from discrimination, provided by Title VII of the Civil Rights Act of 1964;
  • The right to take up to 12 weeks of unpaid leave for family health and medical needs and return to the same or a reasonably similar position once the leave is complete, as guaranteed by the Family and Medical Leave Act of 1993;
  • The right to seek reasonable accommodations to the workplace that permit them to complete work tasks despite their disabilities, provided by the Americans with Disabilities Act of 1990; and
  • The right to earn at least the federal minimum wage for up to 40 hours of labor each workweek and one and one half times one’s standard pay rate for any hours beyond that point, guaranteed by the Fair Labor Standards Act of 1938.

Work with an Experienced Chicago Employment and Labor Lawyer

As an employee, you have certain rights in the workplace. If you feel your rights have been violated, contact an experienced employment lawyer as soon as you can to determine your legal options and the most effective way to pursue them. To get started, schedule your initial consultation with The Law Office of Mitchell A. Kline today.