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.

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 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. 

What Constitutes Harassment?

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.

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 Posted on September 26, 2023 in Illinois employment lawyer

The Pregnant Workers Fairness Act (PWFA), a landmark piece of employment legislation, went into effect on June 27, 2023. This new law requires employers to provide reasonable accommodations for employees who have physical limitations that are related to pregnancy, childbirth, or other related medical conditions. It is critical that all employers understand the requirements of this law, as well as the ramifications of failing to follow it. The following is a brief overview. For more detailed information, contact an Illinois employment law attorney.

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 Posted on August 15, 2023 in Employee Rights

As an employer in Illinois, you are responsible for paying your tipped employees the minimum wage. The Illinois Minimum Wage Act (IMWA) sets the minimum wage for tipped employees at $7.80 per hour as long as the employee's tips bring their total earnings up to the state minimum wage of $13.00 per hour. However, there are a number of rules and regulations that you must follow in order to comply with the IMWA.

What If My Tipped Employees Do Not Make Enough Tips to Reach the Minimum Wage?

If your tipped employees do not make enough tips to reach the minimum wage, you may be required to make up the difference. This is called the tip credit. An employer can pay tipped employees $7.80 per hour in wages, plus $3.30 per hour in tips, as long as the employee’s total earnings reach the state minimum wage of $13.00 per hour. If the employee’s tips average $20 or more per month, as an employer, you will not be required to make up the difference.

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 Posted on July 19, 2023 in Employee Misclassification

As a business owner, you likely take great pride in your work. Yet, when too many tasks fall on the shoulders of one individual, the quality of that person’s work may slip and deadlines may be missed. If you are thinking about hiring someone to help lighten your company’s workload, it is important to understand what your options are and the potential benefits and drawbacks of embracing each approach.

Generally speaking, you can hire employees or you can engage the services of independent contractors. Even if you opt to work with an employment vendor, you will need to understand the implications of whether that vendor’s workers are classified as independent contractors versus employees of that company. This information can help you to make informed choices that could impact your company’s risk of liability, its internal practices, and your obligations to those new people who will help you to operate your business.

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 Posted on June 01, 2023 in Employment Lawyer

Worker shortages, inflation, the rising cost of supplies, and other factors have made it difficult for many Illinois businesses to keep their doors open. A significant percentage of businesses are understaffed, and existing employees are often asked to work extra shifts or longer hours to compensate for this.

However, as an employer, it is essential that you understand your obligations and limitations under Illinois and federal law. In this blog, we will discuss the One Day Rest in Seven Act and how it can influence employee work schedules.

ODRISA Requires Employers to Provide Breaks to Workers

Governor JB Pritzker signed Bill 3146, in May of last year. The bill amends the One Day Rest In Seven Act (ODRISA) and adds additional provisions all Illinois employers should be aware of. The new legislation went into effect on January 1, 2023.

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 Posted on May 15, 2023 in Employment Lawyer

Retaliation in the workplace is a serious issue that can lead to numerous legal complications for employers. Employees have certain rights, and employers may be accused of violating these rights if they penalize an employee in response to certain actions. For employers, it is important to know what types of disciplinary actions against employees are allowed and what may constitute a violation of the Fair Labor Standards Act or other laws and regulations.

What Is Retaliation?

Retaliation refers to any adverse action taken by an employer against an employee in response to protected activity. These actions may include terminating or demoting an employee, reducing an employee's hours or lowering their wages, or other types of negative treatment. An employer who is accused of retaliation may face legal action from employees or former employees, investigations by federal or state government organizations, and penalties such as the requirement to pay fines or reimburse employees for lost wages.

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 Posted on April 04, 2023 in Overtime

If you are an employer in Illinois, then you are responsible for following the overtime pay regulations set by the Fair Labor Standards Act (FLSA). According to the FLSA, employees must receive overtime pay for all of the hours they work beyond the standard 40-hour workweek. Overtime is usually calculated at a rate of 1.5 times the employee's regular pay. If you fail to comply with overtime regulations, you may face expensive fines and legal action. By understanding the situations that may lead to overtime violations, you can take steps to avoid these issues and protect against potential consequences. Some common issues that can lead to overtime violations include:

Failure to Pay Overtime

One of the most common violations related to overtime pay in Illinois occurs when employers do not pay employees their rightful overtime wages. Under the FLSA, employees are entitled to receive overtime pay of 1.5 times their regular hourly wages for any hours worked beyond 40 hours in a workweek. Employers who fail to pay overtime may face legal charges and can be required to pay back wages, damages, and legal fees.

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 Posted on March 17, 2023 in Employer defense

Navigating the complexities of the Fair Labor Standards Act (FLSA) can be a daunting task for employers, regardless of their industry, size, or experience. However, small business owners may encounter confusion about whether the FLSA applies to them and what requirements they will need to meet. Certain requirements apply to all businesses, while others may apply based on the type of business, the annual sales volume, and the number of employees. Failure to comply with the FLSA can result in significant fines and penalties or potential lawsuits. By understanding some of the most common ways that businesses violate the FLSA, employers can ensure that they remain in compliance to avoid potential pitfalls.

When Does the FLSA Apply to a Business?

In most cases, a business's employees will be covered by the FLSA if the business has annual gross sales of $500,000 or more. In certain industries, the number of people a business employs may also affect coverage. However, regardless of the size of the business, if an employee handles money or goods that are part of "interstate commerce," they will be covered. So, for example, if an employee accepts credit card payments from customers, they will be covered by the FLSA.

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 Posted on February 06, 2023 in Employer defense

When it comes to workplace accommodations for disabled employees, there are a few things that employers need to know. Accommodations must be provided in order for disabled employees to have equal opportunities in the workplace and access to the same benefits as their non-disabled colleagues. It is important for employers to understand when they are legally required to provide accommodations so that they can ensure their business is compliant with federal and state laws. Employers who fail to meet these requirements could potentially face discrimination lawsuits from employees, and in these situations, they will have a burden of proof to show that they have complied with the applicable laws.

When Do Employers Need To Provide Accommodations?

Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations for qualified individuals with disabilities in order to allow them to perform essential job functions. Under the ADA, a disability may include any physical or mental impairment that has substantially limited an employee's ability to complete tasks or participate in regular activities in the workplace or in their personal life. Disabled employees may request reasonable accommodations, and employers are generally required to address these needs as best as possible unless doing so would create an undue hardship on the business. Undue hardship may involve significant difficulties that affect other employees or limit the employer's ability to do business, as well as unreasonable expenses that exceed the employer's financial resources.

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