Schaumburg, IL employer defense attorneyIn the United States, several measures have been put in place in an effort to prevent discrimination of any kind in the workplace. Workplace discrimination occurs when an employer treats an employee or prospective employee in a prejudicial manner because of his or her race, religion, gender, sexual orientation, age, or other factors. These prejudices can affect hiring, firing, promotions, salary, benefits, job training, or assignments. If any employee feels like he or she has been discriminated against, he or she has the right to file a complaint and/or a lawsuit against the company, which can result in negative consequences toward the employer.

Types of Discrimination

There are many different aspects that can serve as a basis for discrimination, which is prohibited by law. According to the U.S. Equal Employment Opportunity Commission (EEOC), workplace discrimination can be based on:

  • Age: Federal law and Illinois state law prohibit employers from treating employees less favorably because of their age. This law applies to employees who are age 40 or older.

  • Gender identity or sexual orientation: Title VII of the Civil Rights Act of 1964 specifically prohibits discrimination based on any person’s gender identity or sexual orientation. This makes discriminating against a person because they are lesbian, gay, bisexual, or transgender illegal.

  • Race: The Civil Rights Act also makes it illegal for an employer to discriminate against a person because of his or her race or characteristics associated with race, such as the color of his or her skin or texture of hair.

  • Religion: Religious discrimination is not permitted, no matter what the religion. Employers are required to make all reasonable accommodations for an employee’s religion.

  • Disability: It is illegal to discriminate against any employee or prospective employee because of a true or perceived physical or mental disability. Employers are required to provide reasonable accommodations for employees with disabilities.

How to Handle Discrimination Claims

As an employer, you have the responsibility of ensuring both you and your employees are not discriminating against or harassing other employees because of any of the above factors. If an employee comes to you and claims that he or she is being discriminated against or harassed by another employee, you are required to take appropriate action to end this. Failure to take any action or not taking appropriate action can result in a lawsuit against your business or sanctions imposed by federal organizations.

Contact an Illinois Employer Defense Attorney

If you are an employer, your response to allegations of discrimination is crucial to the outcome of the situation. If you have been accused of discrimination based on any of the above reasons, you need to contact an experienced Schaumburg, IL employment lawyer right away. At the Miller Law Firm, P.C., we can help you overcome the burden of proof that is placed on you during these accusations of discrimination. We can also help make sure you are practicing fair and equal business policies and procedures. Call our office today at 847-995-1205 to schedule a free consultation.

Sources:

https://www.eeoc.gov/laws/types/

https://www.thebalancecareers.com/types-of-employment-discrimination-with-examples-2060914

 

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Illinois minimum wage violation lawyerFor many young Americans, working at a part-time job is an important milestone of growing up. According to the Bureau of Labor Statistics, there were 20.9 million 16- to 24-year-olds who were employed in July 2018. These youths are working at jobs that range from retail to the food industry, most of which are covered by the Fair Labor Standards Act (FLSA). Among other things, the FLSA established a minimum wage rule which states that employers may not pay employees less than the current federal minimum wage. In 1996, the FLSA was amended to allow employers to pay employed youths less than the normal minimum wage, but when doing so, employers must follow certain rules.

Federal Minimum Wage Laws

The FLSA states that no employer is permitted to pay its employees less than $7.25 per hour, except if that employee is considered to be a “youth.” According to the FLSA, an employer may pay a person who is under the age of 20 a lower wage for a specific, yet limited period of time. An employer may pay a minimum wage of $4.25 per hour for the first 90 consecutive calendar days of that youth’s employment. After 90 days, the employer is required to pay the youth the same minimum wage as everyone else, $7.25 per hour, unless a state or local law states otherwise.

Illinois Minimum Wage Laws

In the state of Illinois, the minimum wage is currently $8.25 for workers who are over the age of 18. Workers who are under the age of 18 are permitted to be paid $0.50 less than the minimum wage, meaning they can be paid $7.75 per hour. Illinois youth minimum wage has no time limit, so youths may be paid $0.50 less until they reach the age of 18. Since the Illinois youth minimum wage is higher than the federal youth minimum wage, Illinois employers must follow Illinois law.

Contact an Illinois Minimum Wage Violation Lawyer

It is the responsibility of the employer to be knowledgeable of the current minimum wage laws and to pay their employees accordingly. If you have been accused of violating federal or state minimum wage laws, or you simply have questions about employment laws, you should contact a Schaumburg, IL employment law attorney today. At the Miller Law Firm, P.C., we can help you make sure your company is following all the minimum wage laws. Call our office today at 847-995-1205 to schedule a free consultation.

Sources:

https://www.dol.gov/whd/regs/compliance/whdfs32.pdf

https://www.bls.gov/opub/ted/2018/55-percent-of-16-to-24-year-olds-employed-in-july-2018.htm

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2400&ChapterID=68

 

Posted in Employee Rights, Employer defense, Employment Lawyer, Fair Labor Standards Act, FLSA, Illinois employment lawyer, Minimum Wage | Tagged , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off

Schaumburg, IL FLSA litigation attorneyToday, there are more mothers in the workforce than ever before. According to the latest statistics from the U.S. Department of Labor, approximately 70 percent of all mothers with children under the age of 18 participated in the workforce in 2013, compared with only 47 percent in 1975. Typically, the older the children are, the more likely the mother is to have a job, because taking care of a young child is much more involved than taking care of a school-aged child. One of the issues that working mothers of young children face is breastfeeding. Prior to 2010, working mothers who nursed their children did not have many (if any) protections for expressing their breast milk during work hours. Now, employers must follow certain rules set by the Fair Labor Standards Act (FLSA) concerning nursing mothers in the workplace.

FLSA Requirements for Nursing Mothers in the Workplace

According to the amended Section 7 of the FLSA, employers are required to give breastfeeding mothers “reasonable break time” to allow them to express breast milk for a nursing child. The Act states that employers must do this for at least one year after the child is born, and the mother is entitled to this break period each time she needs to express milk. The Act also states that employers are required to provide a private place other than a bathroom for the mother to express her breast milk.

Who Is Covered?

Only those employers who have 50 or more employees are required to comply with this law, unless the company can prove that it would cause undue hardship. Also, only women who are considered to be “non-exempt” are covered. Typically, this means that women who are salaried workers who make at least $455 per week and who are employed in certain supervisory positions are not covered by this nursing law.

Paid Break Time

Though employers are required to provide break time in a suitable place for nursing mothers to express their milk, they are not required to pay for these breaks. If coworkers are provided with paid breaks, and the mother chooses to express her breast milk during this time, she must be compensated the same as the other employees.

Contact an Illinois FLSA Litigation Lawyer

The FLSA has been amended many times in the past few years. Some of these amendments were made to better accommodate working mothers who need to breastfeed during work hours. Under federal law, you are required as an employer to obey the terms of the FLSA or face the consequences, which can be serious. If your company has been accused of violating the FLSA, you need immediate help from a Schaumburg, IL labor law attorney. At the Miller Law Firm, P.C., we can help you develop an efficient defense strategy and ensure you are meeting FLSA requirements in the future. To schedule a free consultation, call our office today at 847-995-1205.

Sources:

https://www.dol.gov/wb/stats/mother_families-text.htm#LFP2013

https://www.dol.gov/whd/regs/compliance/whdfs73.pdf

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