Posted on July 24, 2024 in Employment Discrimination
Bullying is not something that only happens to children. Bullying behavior occurs in the adult workplace at an alarming rate, with an estimated 48.6 million Americans admitting to being bullied at work. While we might think virtual workers are immune from bullying, a staggering 43.2 percent of virtual workers say they have been bullied in virtual meetings and through emails. Women bully other women at twice the rate that women bully men.
Although the employee claiming bullying in the workplace must prove that the bullying behavior is pervasive and creates a hostile workplace, Illinois employers also have a burden of proof to show they immediately handled the situation once it was reported. In Illinois, if an employee can show they have legal cause to sue their employer for matters involving discrimination, the employer will need to prove they are not violating the FLSA. Bullying falls under a hostile work environment or harassment in the workplace and is a form of discrimination.
Posted on June 21, 2024 in Employee Rights
Illinois law offers certain protections to employees with disabilities. You likely know that you are required to provide “reasonable accommodations” to employees whose disabilities allow them to perform their basic job duties as long as they have these accommodations. Determining what kinds of accommodations are reasonable can be complicated and is best left to an experienced Schaumburg, IL employment law attorney. There are numerous factors at play, including the size of your company, whether the accommodation is temporary or permanent, and the job performance of the employee in question. Your attorney can also help you begin gathering proof that you have made reasonable efforts to accommodate your employee in case you are accused of discrimination.
Posted on May 10, 2024 in Minimum Wage
Many workers traditionally make most of their income in tips. Servers in restaurants, concierge staff in hotels, valet drivers, and bartenders usually receive tips that far exceed the wages they receive from their employers. Although these workers often see tips as their primary source of income, businesses that employ tipped staff members still have an obligation to pay these workers minimum wage. However, the minimum wage employers must pay tipped staff is different from the minimum wage employers must pay to staff members who do not consistently receive tips. The Fair Labor Standards Act controls how much employers must pay tipped workers per hour. A Schaumburg, IL minimum wage violations attorney can help you ensure that you are meeting your legal obligation to compensate tipped workers.
In Illinois, under most circumstances, an employer must pay employees who customarily receive tips at least $8.40 per hour. This equals 60% of the $14.00 per hour minimum wage Illinois has set for adult employees in 2024.
Posted on April 09, 2024 in Employment Lawyer
Owning a small business can make for a pleasant work environment. You likely know all of your employees fairly well and are able to develop a stronger bond with your team. Small businesses are often able to keep a more casual workplace than larger corporations. You may not have the need for the kind of detailed policies governing the minutiae of your work practices that a company employing hundreds of people might. However, it is important to maintain certain professional standards in your office or workplace to protect your company against potential lawsuits. Small business owners should consult with an experienced Chicago, IL employment law attorney frequently to minimize the risk of litigation.
Tips for minimizing the possibility of being sued for a labor or employment violation by an employee include:
Posted on March 25, 2024 in Illinois employment lawyer
Letting an employee go is never comfortable, even if the employee has committed blatant infractions that require you to terminate him or her. However, that situation can quickly become a legal nightmare if the employee accuses you of wrongful termination. If this has happened to you, contacting an Illinois employment law attorney is important. In the meantime, the following are some steps you can consider.
You should respond promptly and professionally upon receiving notice of the wrongful termination accusation. Ignoring or dismissing the accusation could exacerbate the situation and damage the company's reputation. Instead, acknowledge the accusation, express willingness to address the concerns, and outline the steps being taken to investigate the matter.
Posted on February 23, 2024 in Employment Lawyer
A new law that went into effect in Illinois on January 1, 2024, allows workers to earn paid leave. It is imperative for all employers to understand how the new law works, as well as ensure that all of their workers are aware of it. Failure to comply could result in legal issues. The following is a brief overview the Paid Leave for All Workers Act. Contact an Illinois employment lawyer for more detailed information or if you are dealing with any potential legal problems with any of your employees.
The Paid Leave for All Workers Act (PLAWA) was passed last March but just went into effect last month. Under the new law, workers can earn up to 40 hours (five days) of paid leave each year (within a 12-month period). For every 40 hours an employee works, they earn one hour of paid leave.
Posted on January 30, 2024 in Employee Misclassification
The issue of whether or not a worker is an actual employee or an independent contractor has long been an issue for many companies. The distinction between an employee and an independent contractor holds significant implications for both employers and workers. It is a crucial determination that affects tax obligations, legal responsibilities, and the overall dynamics of the working relationship. The U.S. Labor Department (DOL) has a stringent stance on this topic, stressing to companies that when an employee is misclassified as an independent contractor, it deprives that individual of basic rights and protections.
Earlier this month the DOL released its final rule that revises a provision in the Fair Labor Standards Act that specifies what classifies a worker as an employee or an independent contractor. If your company is having problems over this issue, it is important to contact an Illinois employment lawyer.
Posted on December 28, 2023 in Employment Lawyer
If you own your own company, then you may be aware of how commonplace it has become for employees to file lawsuits against their employers for issues that include wrongful termination, discrimination, harassment, wage and hour disputes, and workplace safety. While it is always crucial to prioritize employee rights and maintain a healthy work environment, employers can also take proactive measures to protect themselves from potential lawsuits. The following are some steps to consider. If you do find yourself dealing with legal action filed by an employee, make sure to contact an Illinois employment lawyer for legal guidance.
One of the most effective ways to reduce the risk of employee lawsuits is to create and maintain clear and comprehensive employment policies and procedures. A well-documented and consistently applied set of policies can help set expectations and provide a legal framework for your employment practices.
Posted on November 27, 2023 in Illinois employment lawyer
In August, Illinois lawmakers passed the Temp Worker Fairness and Safety Act to protect temporary workers from being kept in temporary “limbo.” According to the new law, employers are now required to pay temporary workers comparable wages as company employees after the temp workers have passed the 90-day mark on the job. This practice is referred to as “permatemping.” If your company regularly employs temp workers, it is important to speak to an Illinois employment lawyer to ensure you are following the law.
Issues for Temporary Employees
According to statistics from the Illinois Department of Labor, over 300 temporary labor agencies operate in the state. Last year, more than 980,000 Illinois residents were employed as temp workers. One national study conducted in 2021 revealed that more than 60 percent of staffing agencies engaged in discrimination.
Posted on October 25, 2023 in Employment Lawyer
The Equal Employment Opportunity Commission (EEOC) plays a vital role in promoting workplace equality and addressing issues related to discrimination and harassment. Recently, the EEOC published its proposed Enforcement Guidance on Harassment in the Workplace. This is the first significant update to the EEOC's guidance on workplace harassment since 1999, and it reflects the changing landscape of work and the growing understanding of harassment in all its forms. The following is a brief overview of the proposed changes and additions to the current guidelines. According to the EEOC’s announcement, the agency will be taking public comments on its proposals until November 1. For more detailed information, contact an Illinois employment lawyer.
The proposed guidance clarifies that harassment can be based on a wide range of protected characteristics, including race, color, religion, sex (including sexual orientation and gender identity), national origin, age, disability, and genetic information. It also clarifies that harassment can take many forms, including verbal, physical, and nonverbal conduct, as well as conduct directed at an individual or a group of individuals.