Illinois employment lawyerEmployment law is complex and can include many different types of lawsuits, including class action and collective action lawsuits. A class action lawsuit is a single lawsuit that is taken to court to represent a group of employees who have all experienced the same alleged actions taken by the employer. A class action lawsuit is typically used when it would be impractical to take each individual case to court. Instead, an attorney or a group of attorneys is used to represent all employees who are involved in the lawsuit. Protecting yourself as a business is extremely important if you find yourself the target of a class action employment lawsuit.

What Is the Difference Between a Class Action and Collective Action Lawsuit?

These two types of lawsuits are similar to each other, though they do differ in a few ways. In a class action lawsuit, one employee can file a lawsuit for everyone who works for the same company. Once the court grants permission for the case to proceed, all of the employees included in the lawsuit will be notified of their ability to “opt-out” or not participate in the lawsuit.

In a collective action lawsuit, employees who want to participate in the lawsuit have to sign a legal document to “opt-in” or agree to participate in the suit. In a class action lawsuit, all employees are automatically considered to be part of the class unless they specifically state they do not want to be.

What Issues Can Be Addressed in Class Action or Collective Action Lawsuits?

The employee/employer relationship can be difficult to navigate at times. Many issues can arise between an employer and their employees, including the following:

  • Wage disputes: Some of the most common disputes between employers and employees are concerning wages, which are governed by the Fair Labor Standards Act (FLSA). Employees may claim that they were not paid minimum wage when they were supposed to be or they may claim that they were never given overtime pay when they should have been. There are many exceptions to wage rules, which a class action defense attorney can bring to light.
  • Sexual harassment: Every employer has the responsibility to ensure their workplace is safe and free of harassment of any kind, including sexual harassment. If a claim is brought against a business that the company did nothing to stop or prevent sexual harassment, they can get into serious trouble.
  • Discrimination: Both Illinois state and federal laws prohibit discrimination of employees based on sex, religion, race, age, disability or national origin. Discrimination can come in many forms, both obvious and not so obvious. Often, to prove an employer was involved in discriminatory practices, the employee would have to demonstrate that other “similarly situated” employees were treated better than them.

Get Help From an Illinois Class Action Employer Defense Attorney Today

Being hit with a class action or a collective action lawsuit can be stressful and damaging. As an employer, you have to prove that you were not in the wrong if a lawsuit is brought against you. At the Miller Law Firm, P.C., we have the experience you need in an attorney to effectively combat any class action or collective action lawsuit that you may be facing. Our skilled Schaumburg, IL class action employer defense lawyer will do everything in his power to protect you in court. Call our office today at 847-995-1205 to schedule a free consultation.

Sources:

https://www.thebalancesmb.com/what-is-a-class-action-lawsuit-3623787

https://riskandinsurance.com/employee-lawsuits-are-costly-win-or-lose-these-4-trends-are-making-the-risks-more-severe/

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Schaumburg employment lawyerSince the Industrial Revolution that took place between the late 18th century and the mid 19th century, the United States has seen an emphasis placed on improving the lives of workers. There are numerous state and federal laws that have been enacted to protect the rights of employees, including laws about worker safety, wage and work hour standards, discrimination policies, and other things that restrict what employers can and cannot do. Like any other laws, workplace laws are always evolving. A recent public act that was signed into law in Illinois will add new employment laws and amend some that already exist.

Workplace Transparency Act

The Workplace Transparency Act was signed into law by the governor this past August. The new law will apply to all contracts, waivers, agreements, or clauses entered into after January 1, 2020 concerning sexual harassment violations or any other Title VII or human rights violations. Employees will be prohibited from unilaterally requiring arbitration (a form of alternative dispute resolution) for claims that arise from violations of any law that is enforced by the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights.

Hotel and Casino Employee Safety Act

Beginning July 1, 2020, some hospitality and casino industry employers will face new laws concerning the safety of employees. Employees will now be required to be given a personal safety and notification device that they can use to summon for help. The sexual harassment and discrimination training will also be changed for employees in this industry. They will need to be expressly informed of their right to leave a work area if they perceive danger. Employers will also be required to take certain measures to protect their employees from guests who have engaged in sexual harassment and allow them time off if they wish to pursue legal action against such guests.

Amendments to the Illinois Human Rights Act

Also beginning January 1, employers will be required to comply with new rules in the Illinois Human Rights Act (IHRA). These include new rules about the IHRA and the prohibition of discrimination or harassment applying to other locations outside of the workplace, such as online. These include:

  • Protecting against an individual’s “perceived” status
  • Protecting non-employees from performing work for an employer
  • Requiring all Illinois employers to establish and conduct a sexual harassment training program that complies with the state’s rules at least once per year

Get in Touch With a Schaumburg Employment Law Attorney to Ensure Compliance

Laws are constantly changing, and it can be difficult to keep up with all of the adjustments. At the Miller Law Firm, P.C., our attorneys are up-to-date on all employment laws, whether they are Illinois state laws or federal laws. If you are an employer, you cannot afford to violate any employment laws. Our skilled Illinois employment law attorneys can help you make sure you are complying with all of the latest laws and regulations. Call our office today at 847-995-1205 to schedule a free consultation.

Sources:

https://www.natlawreview.com/article/substantial-changes-ahead-illinois-employers-2020-relating-to-sexual-harassment

http://www.ilga.gov/legislation/publicacts/101/101-0221.htm

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Schaumburg, IL employment law lawyerTrying to balance work and family life can be a challenge for anyone, but when an employee’s family member is sick or there is a birth in the family, it can be even more daunting. The Family and Medical Leave Act (FMLA) was created to mitigate some of the stresses that come with certain life circumstances. There are caveats to the FMLA, however. For example, in the private sector, the FMLA only applies to employers who have 50 or more employees. Employees must have worked for the employer for at least 12 months and have worked a minimum of 1,250 hours for that employee to be covered by the FMLA. Only specific scenarios are covered by the FMLA, and as an employer, it is important you are aware of these situations.

Birth of a Child

When an employee has a child, he or she is eligible to take leave to bond with and care for that child, no matter if the worker is the mother or the father. However, the employee must take his or her leave within 12 months after the child is born. This type of leave must be taken as a block of time (consecutive days or months) unless you as the employer agree to intermittent leave.

Placement of a Child for Adoption or Foster Care

An employee who takes leave to care for or bond with an adopted or foster child may do so before the placement occurs if the leave is necessary for the placement to proceed. This can include the employee attending counseling sessions, appearing in court, traveling to another country to complete an adoption, or consulting with his or her attorney. This type of leave also expires 12 months after the placement of the child.

An Employee’s Serious Health Condition

Employees are also permitted to take leave for personal health issues. A serious health condition is one that prevents the employee from performing the daily functions of his or her position, which can include the employee being unable to work at all or unable to perform any one of his or her essential duties.

Taking Care of an Employee’s Spouse, Child, or Parent

Employees are also permitted to take leave to care for a family member with a serious health condition. This leave can include the employee directly caring for a family member’s medical needs or safety, to provide psychological comfort and reassurance, or to transport the family member to and from the doctor on a regular basis. An example of this can be a loved one who has cancer and needs chemotherapy every week.

Exigency Leave for a Family Member Who Is On Active Duty in the Military

Employees who have a spouse, child, or parent who is active duty in the military and is being deployed to a foreign country are permitted to take leave for any qualifying reason. These reasons can include making childcare arrangements for the child of the military member, attending military ceremonies and/or briefings, or spending time with the military relative while he or she is on Rest and Recuperation leave during deployment. It can also be for making financial or legal arrangements during a military member’s absence or taking care of the military member’s parent.

Contact an Illinois Employment Law Defense Attorney

If you are an employer, there are certain rules you must adhere to when it comes to the FMLA. In order to avoid any potential issues between you and your employees, it is best to take a preventative approach and learn the stipulations and requirements of the act. At the Miller Law Firm, P.C., we can answer any questions you might have about the FMLA or any other employment law issues. Contact our skilled Schaumburg, IL employer defense representation lawyer today by calling our office at 847-995-1205 to set up a free consultation.

Sources:

https://www.dol.gov/whd/regs/compliance/whdfs28f.pdf

https://www.dol.gov/whd/regs/compliance/whdfs28.pdf

 

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