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

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

Illinois employment lawyerAccording to the Bureau of Labor Statistics, there are currently an estimated 16.6 million retail workers over the age of 16 in the United States. Jobs in the retail industry are popular among younger Americans such as high school and college students because of the flexible hours and minimum education requirements. Retail establishments can include gas stations, restaurants, department stores, and much more. Retail employees are covered by the Fair Labor Standards Act (FLSA) as long as the establishment has an annual sales volume of at least $500,000, or if employees are engaged in interstate commerce activities.

As an employer, it is important that you avoid FLSA violations to achieve full compliance.

Hours Worked Violations

Employers are required by law to pay for all hours worked by employees. Sometimes retail establishments will only allow workers to be “on the clock” if there is a need for them. If they are scheduled to work, but there is no demand for more staff, the employee will often be told they are not needed. Unless an employer immediately informs an employee of this, fully relieves them of duty, and gives them a specific time to check in, the time between their scheduled shift and the check-in time does not have to be counted as work time. If the employee is not given a specific time that is long enough to use for their own benefit, all of the waiting time should be counted as hours worked.

Illegal Deductions

It is legal for an employer to deduct the cost of uniforms, tools of the trade, merchandise, or cash shortages from an employee’s pay, to an extent. It is illegal if the deductions reduce the employee’s wages below the minimum wage or reduce the amount of overtime pay.

Salaried Employee Issues

Salary structure is only one of the factors used in determining whether an employee is subject to minimum wage and overtime guidelines. The employee’s duties and responsibilities, along with their salary, are all used to determine whether they are exempt from minimum wage and overtime. Retail employees (even salaried ones) often do not meet the requirements to be considered exempt from overtime pay.

Contact an Illinois Business Lawyer

There are a number of ways your company can mistakenly violate the FLSA, so it is important to contact a knowledgeable Schaumburg, IL FLSA labor law lawyer if you are uncertain about your compliance. At the Miller Law Firm, P.C., we are experienced in helping employers settle FLSA issues. To schedule a free consultation, call our office today at 847-995-1205.

Sources:

https://www.dol.gov/whd/regs/compliance/whdfs6.pdf

https://www.bls.gov/cps/cpsaat18b.htm

Posted in Fair Labor Standards Act, FLSA | Tagged , , , , | Comments Off