Schaumburg employment lawyerIllinois employers must meet certain regulations set forth by the federal and local governments to operate. These include safety protocols to ensure a safe and secure working environment, as well as a minimum wage amount paid to employees. On July 1, 2020, the Illinois minimum wage was set to $10.00 per hour for those workers who are age 18 or older. For jobs in which gratuities are paid to employees, such as in restaurants, an employer is allowed to pay 60 percent of the minimum wage to its workers. In addition, overtime must be paid after 40 hours of work per week. When companies violate any of these employment laws, they can face legal consequences.

Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) is a U.S. labor law that gives workers the right to a minimum wage, and “time-and-a-half” overtime pay after working over 40 hours a week. It also prohibits the employment of minors in “oppressive” work conditions. FLSA has four main components:

  • Minimum wage

  • Overtime pay

  • Recordkeeping methods

  • Child labor provisions

It is important to note that there are exceptions to the minimum wage rule, as certain employers may apply for special licenses to pay below-minimum rates to apprentices and workers with specific physical or mental limitations.

Legal Consequences for Violations

The Wage and Hour Division (WHD) of the Department of Labor (DOL) is responsible for enforcing FLSA rules by investigating employers to make sure they are complying with the regulations. If it is found that an employer is in violation, the WHD may recommend certain actions that the employer can take to be in compliance. Laws for penalties vary widely from state to state. For example, the statute of limitations in Illinois is one year for intentional violations, while other states go up to six years.

Legal remedies exist for employees, which allow them to reclaim back wages for overtime or minimum wage discrepancies in addition to an equal amount for liquidated damages. In Illinois, for instance, a worker is entitled to unpaid wages plus 2 percent for each month that he or she was underpaid. Wage and hour violations can occur in any type of industry, but they tend to be more frequent with lower-earning workers, females, immigrants, and younger employees.

Contact a Schaumburg Employment Lawyer

Illinois companies must keep up to date on important changes to legislation, including wages. As an employer defense attorney, Attorney Richard J. Miller represents small- to mid-sized businesses. With his prior experience and financial background knowledge gained from working with successful companies, he understands how to resolve your legal concerns about wage violations. At Miller Law Firm, P.C., our accomplished Illinois employment law attorneys will fight for your rights to achieve the best possible outcome and preserve your business and your livelihood. To schedule your free consultation, call us today at 847-995-1205.

Sources:

https://www2.illinois.gov/idol/Laws-Rules/FLS/pages/minimum-wage-law.aspx

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapterID=68

Posted in Employee Rights, Fair Labor Standards Act, FLSA, Illinois employment lawyer, Minimum Wage, Overtime | Tagged , , , , , , , , , , , | Comments Off

Cook County employment lawyerA typical workweek for employees in the United States consists of 40 hours. However, many workers actually spend more time performing their jobs. For jobs that are paid on an hourly basis, anything over 40 hours is usually considered overtime. Although many salaried (exempt) workers work 50-60 hours a week, they may not be eligible for overtime pay depending on their company or employment contract. The Illinois Overtime law (called the Illinois Minimum Wage Law) mirrors the Federal Fair Labor Standards Act (FLSA) in many ways. Similar to the FLSA, the Illinois overtime law requires that non-exempt employees receive overtime pay equal to 1.5 times their regular hourly pay for any hours worked over 40 in a week. With so many employees working remotely now in response to the COVID-19 health crisis, it may be difficult to track employees’ hours regarding overtime if they are working from home.

Keeping Track of Hours Online

Since remote employees are generally entitled to the same legal protections that on-site workers have, working remotely can present unique challenges that should be addressed to ensure a company is legally compliant. Employers have certain obligations regarding employees’ hours and wages for overtime pay. As a business owner, accurate record-keeping is imperative. Detailed reporting ensures that management and workers are following proper procedures and company policies.

Businesses throughout the country, including Illinois companies, have implemented remote-work arrangements for their employees due to the coronavirus outbreak. In many cases, this is the first time a company may have allowed its employees to work from home. Essential businesses have remained open during the pandemic, such as banks, grocery stores, and hospitals. Non-essential businesses were temporarily closed, including service industries like hair and nail salons, gyms, and fitness centers. These companies had to pause operations since those workers cannot do their jobs from home. On the other hand, office workers in the business field who do the majority of their work on a computer can perform their duties remotely as long as they have a computer and an Internet connection.

Many hourly workers punch in and out so their employer knows the exact hours they work. However, if the “time clock” is at the office or warehouse and now employees are working from home, how are hours recorded? Employers should specify guidelines and expectations for those who are now working outside of the office. In some cases, a software program can monitor a worker’s time online. Other companies might require timesheets to be completed by each employee using Google docs or Microsoft Excel.

Any new work-from-home policy should outline how non-salaried telecommuting employees can accurately record their hours worked. In certain situations, those hours that are worked in excess of those scheduled per workweek may need the advanced approval of a supervisor. However, even if employees are instructed not to work more than 40 hours a week, they still must be paid overtime if they do.

Contact an Illinois Employment Defense Attorney

As an Illinois employer, you are legally responsible for adhering to federal wage and overtime pay laws. At the experienced Miller Law Firm, P.C., we provide effective employment defense representation to small and mid-size businesses. Attorney Richard J. Miller knows how to successfully resolve your legal concerns about wage violations. Our knowledgeable Schaumburg, IL employment lawyers will help defend your rights and preserve your company’s reputation. Call our office today at 847-995-1205 to schedule your free consultation.

Sources:

https://www2.illinois.gov/idol/faqs/pages/minimum-wage-overtime-faq.aspx

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

Posted in Cook County Employment Attorney, Employee Rights, Employment Lawyer, Fair Labor Standards Act, FLSA, Illinois employment lawyer, Minimum Wage, Overtime | Tagged , , , , , , , | Comments Off

Schaumburg business contract dispute lawyerA contract is defined as a legally binding agreement that recognizes and governs the rights and duties of those involved, whether it be two or more parties. An agreement typically involves the exchange of goods, services, money, or the promise of doing so later on. In today’s business world, contract disputes are fairly common, regardless of the industry. When an agreement is drafted and signed, this binds the parties together for a period of time. However, when one party deviates from the terms of the agreement, this is known as a breach of contract. Employees usually have to sign a contract before starting work with a company. This can also apply to freelancers or independent contractors.

Breach of Contract

Contract disputes typically arise as a result of one party not abiding by the terms of the contract. This can occur when a person does not perform his or her obligations or fails to comply with the rules in the agreement. In some cases, the legal agreement may have left out important information that causes a dispute. In other situations, a person may falsely represent his or her qualifications for a job or project.

Another major reason for breach of contract stems from the interpretation of the terms between the parties. When two parties disagree about the meaning of their respective responsibilities, that can cause problems. If an individual does not uphold his or her obligations outlined in the contract, the other party can file a lawsuit under the claim of a breach of contract.

Below are a few of the main causes of a contractual dispute:

  • Non-compliance

  • Contractual error or omission

  • Failure to administer correctly

  • Negligence

  • Fraud

  • Breach of duty

Contact a Schaumburg, IL Employment Contract Dispute Lawyer

Disputes are a part of life, including in business dealings. If you are a business owner, and you are facing a contract dispute, you need a skilled Illinois contract litigation attorney to build an aggressive defense on your behalf. At the Miller Law Firm, P.C., we represent small and mid-size businesses throughout northern Illinois. If you are concerned about any type of contractual dispute, we can help you reach a resolution that will protect your company’s interests. Call us today at 847-995-1205 to schedule your free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K33E-2

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