Schaumburg small business lawyerPresident Trump signed a new stimulus bill into law just after Christmas, releasing another $900 billion in stimulus funds into the economy and preventing a government shutdown. The government would have shut down just before the new year if the President had not taken action. In addition to containing money to fund government operations, the spending package also includes emergency relief money that finances a new round of stimulus checks, unemployment aid, and small business assistance. A qualified employment attorney can help you learn how this new legislation may apply to you and your company, possibly saving your livelihood during this unprecedented time.

Financial Assistance for Struggling Businesses

The new deal from Congress will deliver approximately $900 billion in relief funds in an effort to help families and businesses struggling due to the COVID-19 pandemic. During this round of stimulus checks issued by the U.S. government, Americans will receive up to $600 per person for those earning $75,000 or less per year in addition to $600 for each minor dependent. This is similar to the country’s initial stimulus package months prior.

The relief package also includes an extension of unemployment insurance and a federal unemployment insurance bonus of $300 per week. The economic fallout due to the coronavirus pandemic has negatively impacted small businesses in 2020. In response, Congress has allocated an additional $284 billion in loans for those business owners who are struggling to issue paychecks and cover their business’ rent.

Americans who are facing eviction due to nonpayment of rent may find assistance with this latest relief package as well. Congress has included $25 billion in rental assistance plus a 30-day extension of the moratorium on evictions. However, the bill does not provide financial assistance to homeowners who are struggling to make their monthly mortgage payments on time.

Even with this additional financial assistance, business owners may need to consider alternative options, including filing for bankruptcy. Depending on how hard a company was hit during the pandemic, it may be the only option to stay afloat. However, looking ahead to the new year with a vaccine already being distributed for the virus, business owners can take steps to prepare for a more profitable 2021. Preparation may include carefully reviewing their financials from 2020 and realizing new ways to get the job done.

Contact an Illinois Small Business Attorney

Regardless of the industry or size of a company, being a business owner can be stressful for various reasons. This past year has been very challenging, with many businesses temporarily closed in an attempt to stop the spread of COVID-19. A skilled Schaumburg, IL employment lawyer from The Miller Law Firm, P.C. can assist you with any issues you might be having with your company, including financial planning for the new year. Call us today at 847-995-1205 to schedule a free consultation.

Source: https://www.msn.com/en-us/news/politics/trump-has-indicated-he-will-sign-stimulus-and-government-spending-bill-into-law-averting-shutdown/ar-BB1cgJB0?ocid=uxbndlbing

Posted in Employment Lawyer, Illinois employment lawyer, Illinois Small Businesses, Uncategorized | Tagged , , , , , , , , , , , , | Comments Off

Schaumburg employment lawyerWhen you own a company, there are federal, state, and local laws you must follow in order to stay in business. Under the Fair Labor Standards Act (FLSA), U.S. employees have the right to receive a minimum hourly wage, in addition to “time-and-a-half” overtime pay when they work more than 40 hours within a seven-day period. It also prohibits the employment of minors in “oppressive child labor” conditions. If business owners do not adhere to these rules and regulations, then workers may file lawsuits against their employers if they can show that the company is in violation. However, the company can defend against such charges as long as they can prove they did not violate any laws. An experienced employment attorney can help employers with providing this “burden of proof” in Illinois.

Potential Violations

There are several ways that a company can be in violation of FLSA rules, such as not paying its workers at least minimum wage or classifying them as non-exempt or contractors when they should be exempt or salaried. In other cases, upper management may use harassment tactics or discriminatory language to intimidate employees into doing certain tasks. The main areas in which an employer can be sued include:

  • Wages

  • Discrimination

  • Overtime pay

  • Misclassification

  • Any other labor law issue

Proving Compliance

Once an employee brings a lawsuit against his or her company, the employer will need to prove that they were not in violation of the FLSA because an exemption applies to them. In other words, there is an exception that fits the situation.

In terms of demonstrating compliance, if the employer’s records show inconsistencies with regard to hours worked and wages paid, the Illinois Department of Labor (IDOL) can question the accuracy or assume the employer did not pay the appropriate amounts. Also, if the employer fails to provide adequate records, the employee’s records will be considered accurate.

It is important to note that Illinois may use rounding in their record-keeping of hours if they meet three requirements:

  1. The rounding increments do not exceed 15 minutes.

  2. The protocol or policy is posted and understood by employees.

  3. The employee is accurately paid for the time they worked.

Contact a Schaumburg, IL Employment Lawyer

As a business owner, it is imperative that you understand the laws that apply to you to operate your company legally. At The Miller Law Firm, P.C., our reputable Illinois employer defense attorneys provide high-quality legal guidance to small and midsize businesses. We will work with you to find solutions to labor law issues concerning your employees, regardless if they are classified as exempt and non-exempt. Call us today at 847-995-1205 to schedule a free consultation.

 

Sources:

https://www.ilga.gov/legislation/ILCS/ilcs3.asp?ActID=2898&ChapterID=68

https://www2.illinois.gov/idol/FAQs/Pages/ECAFAQ.aspx

https://www.dol.gov/agencies/whd/flsa

Posted in burden of proof, Fair Labor Standards Act, FLSA, Illinois employment lawyer, Illinois Small Businesses, Minimum Wage, Overtime, Record Keeping, Uncategorized | Tagged , , , , , , , , , , , , , , , , , , | Comments Off

Schaumburg employment defense attorneyBusinesses must follow certain standards and procedures in order to remain open. A class action lawsuit is a legal claim made by employees who are seeking to collectively receive compensation from an employer for the same problem. This type of case can be in response to a faulty or defective product. A collective action is a slightly different procedure used in cases under the Fair Labor Standards Act, the Equal Pay Act, and the Age Discrimination in Employment Act. The Fair Labor Standards Act (FLSA) of 1938 is a comprehensive U.S. labor law that creates the right to a minimum wage and overtime pay when employees work more than 40 hours in a week. It also prohibits the employment of minors in “oppressive child labor.” Companies must uphold these guidelines or risk incurring penalties or legal action.

Class Action

Class action lawsuits may be brought in federal court if the claim pertains to federal law or they meet specific criteria. A class action lawsuit automatically assumes an employee is a part of the affected group unless he or she “opts out.” This can be done by signing a document stating that he or she does not want to participate.

A class action lawsuit is initiated when one or more named plaintiffs file a claim against the defendant(s), all of whom suffered the same injury or damages. Once the complaint is filed, the named plaintiff(s) must file a motion for class certification. The defendants may object to the motion for class certification based on several factors.

Common types of class action lawsuits include the following:

  • Antitrust violations (price fixing)

  • Product liability (manufacturing defect)

  • Aviation accidents

  • Consumer protection law violations

  • Workplace discrimination

  • Environmental hazards/toxic exposure

Collective Action

A collective action lawsuit can be brought before a judge in state or federal court. If an employee feels that he or she was unlawfully denied wages for overtime work, he or she may participate in a collective action lawsuit.

The main difference between a class action and a collective action lawsuit is that workers who want to join in on a collective action lawsuit must “opt-in” by signing a document that officially states they would like to participate. If someone does not sign it, he or she is not bound by the outcome of the action. In other words, that person will not receive any form of compensation.

In addition, a collective action lawsuit involves a certification process. This procedure requires evidence that the group members are “similarly situated.” For example, if a female employee files a collective action suit because of sex discrimination, she must prove that male coworkers received better treatment.

Contact an Illinois Employment Law Attorney

As an employer, it is important to understand the difference between a class action and a collective action lawsuit if you are facing either of these claims. Attorney Richard J. Miller represents small- to mid-sized businesses in a variety of legal matters, and he can aggressively defend your case and protect your livelihood. At Miller Law Firm, P.C., we are well-versed in Illinois employment law, including legal actions taken against business owners. To learn how our knowledgeable Schaumburg, IL class action employer defense lawyer can help you, call us today at 847-995-1205 to set up your free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2017&ChapterID=56&SeqStart=9300000&SeqEnd=10100000

Posted in Employee Rights, Employment Discrimination, Fair Labor Standards Act, Illinois employment lawyer | Tagged , , , , , , , , , , , , , , , | Comments Off