Weinberg Law Firm - Dallas Employment Law
National News
Overtime claims and compliance
Wage and hour matters usually manifest when disgruntled employees feel they have not been compensated properly for their work. Often, wage and hour matters are brought forth by employees who have been terminated, anticipate being terminated, or have just received a bad performance review. This is especially true when it comes to overtime claims.
Companies should safeguard against possible problems by seeking counsel to properly classify employees as exempt from overtime pay. Employers often mistakenly characterize workers as independent contractors to avoid payroll taxes, keeping track of hours worked or paying overtime. Weinberg Law Firm can help properly assess how to classify workers to minimize liability exposure under the federal wage and hour laws.
If workers are not properly classified, they may have claims for unpaid overtime against the company and individual owners/supervisors. The employees may also be awarded double (liquidated) damages. Further, if employees are successful on their claims, federal law mandates the company to pay the employees the cost of their legal fees in bringing a lawsuit. If the employer’s conduct was willful, employees may seek unpaid overtime for the past three years.
This is a predicament in which companies do not want to find themselves. Weinberg
focuses on overtime pay issues, but can handle any wage and hour claim, including those that involve working off the clock, during breaks or lunch, and other violations covered under the Fair Labor Standards Act.
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What Is Meant by ‘No-Fault’ Workers’ Compensation in Illinois?
If you were injured in a work-related accident and have been researching workers’ compensation, you may have seen it described as a “no-fault” system. One of the most important things to understand about the workers’ compensation system in Illinois is that it is based on a “no-fault” system. What does this mean, exactly?
Most employers in Illinois are required by law to have workers’ compensation insurance. And the workers' compensation in Illinois is a “no-fault” system, which means that any worker who has been hurt on the job is entitled to workers' compensation benefits. If you have been hurt on the job, you are entitled to workers’ compensation benefits no matter whose fault the accident was.
A no-fault insurance system, such as workers’ comp, works by paying claims regardless of who is to blame for an accident. This provides an important layer of protection for injured workers, sparing them from having to through additional litigation and the through the additional burden of proving who was at fault before receiving benefits.
In Illinois, even though you don’t have to prove that your injury was your employer’s fault, you do have to prove that your injury happened at work or as a result of work. If you would like help to file your workers' compensation claim, Krol, Bongiorno, & Given’s experienced workers' comp lawyers are here to help. With over 60 years of combined legal experience, the KBG law firm is a leader in the field of workers’ compensation law and we have earned the reputation as aggressive advocates for injured workers before the IWCC.