Blog
847-995-1205

1051 Perimeter Drive, Suite 400

Schaumburg, IL 60173

Map & Directions

The Miller Law Firm is dedicated to solving your legal issues.

Schaumburg Employment Law AttorneyIn June, the Chicago City Council voted yes to a new ordinance that addresses sick leave and wage theft protections for people who work in the city. This new ordinance is in addition to another new ordinance our firm discussed in a prior post regarding the minimum wage change Chicago enacted and the potential penalties for violations.

New Law

The ordinance, SO2021-2182, applies to any business that employs four or more employees. If the employee is a domestic worker, then the law applies to businesses with one or more employees. The new ordinance is for any employee who works two or more hours within the city limits of Chicago during any two-week period. 

Under the new ordinance, which went into effect July 1, employees can use their paid sick leave for the following reasons:

...

Schaumburg Employment Law AttorneyWhen the COVID-19 pandemic first hit, many employers were forced to quickly adapt to a new way of conducting business. For many businesses, this meant allowing employees to work from home. Employers had to find ways to ensure that remote workers were still meeting the requirements expected of them while employees had to find ways to juggle emails, online discussion boards, and video conferences from their living rooms. While switching to remote work was a major adjustment for many people, employers and employees are starting to recognize the benefits of work-from-home opportunities.  If you are one of the many employers who intend to continue remote work indefinitely, make sure you understand the employment law implications you may face.

Avoiding Discrimination in Work-From-Home Opportunities

Understandably, an employee’s ability to effectively conduct work duties remotely depends largely on the employee’s type of work. Some jobs are simply not suited for remote work. If some of your workers are allowed to work from home and others are not, make sure that there are documented, legitimate reasons for the differences in opportunities. Failure to do so can lead to accusations of discrimination.

Accurate Timekeeping is Crucial

Another concern employers utilizing remote workers must be aware of is timekeeping. Nonexempt employees should keep detailed records of their work hours. These hours should be regularly updated in the company’s timekeeping system. Do not let employees fall into the habit of failing to report work hours. The Fair Labor Standards Act requires employers to keep track of nonexempt employees’ work hours. Lax recordkeeping can lead to lawsuits and an employer being forced to reimburse the employee for back pay and other damages. Employers must also ensure that employees understand company policies regarding vacation time, sick days, and meal breaks. 

...

Schaumburg employment lawyerConcerns over the spread of COVID caused many employers to transition to remote work. Although many workplaces are returning to a sense of normalcy, some employers are choosing to continue remote work. Companies like Amazon, Microsoft, and Spotify have officially decided to extend work-from-home opportunities past the pandemic. Many small businesses are following suit. If you are an employer with remote workers, it is essential that you understand the possible legal implications of remote work. Issues like worker classification and overtime pay may be especially complicated when workers are working remotely. 

Misclassifying Employees as Independent Contractors

Traditionally, most work-from-home positions were independent contractor positions. Now, more and more employees are working from home. In many businesses, employers’ needs are met by a combination of independent contractors and employees. If you choose to utilize independent contractors in your business, you must ensure that these workers meet the criteria necessary for contractor classification. Contractors must:

  • Work outside of your direct control

    ...

Illinois employment attorney minimum wageIn the state of Illinois and throughout the United States, there are certain protections that are guaranteed to employees. Illinois has specific laws that apply to most employees regarding wages and payment. In addition, the federal government has laws that offer further protections to employees’ wages and workers’ rights to fairness in the workplace. Though not all employers are required to comply, the vast majority of employers are expected to adhere to these rules. If an employee feels as if they are not being treated fairly in regards to wages, they have the right to file a complaint with the state and/or federal government. This can spell trouble for companies, as they could face serious consequences if they are found to have knowingly violated employment laws. Here are a few Illinois wage laws that all employers should be familiar with to avoid such legal ramifications:

Minimum Wage Law

Both the state of Illinois and the federal government have laws relating to the minimum hourly wage an employee can be paid. While the federal minimum wage is $7.25 per hour, Illinois has set its own minimum wage, which, as of January 1, 2020, is $9.25 for any worker who is at least 18 years old. If an employee is under the age of 18, the minimum wage is $8.00. The Illinois minimum wage will increase to $10.00 per hour on July 1, 2020.

Overtime Pay

Overtime hours and compensation can be a gray area for many employers and employees. Both state and federal laws specify that overtime pay is owed to any employee who works more than 40 hours in one workweek. Overtime pay must be “time-and-a-half” of the employee’s usual hourly rate. For example, if an employee’s normal hourly rate is $10.00 per hour, and they worked overtime, they would be paid $15.00 for every hour over 40 hours that they worked.

...

Illinois Employment LawyerBeing a business owner can be extremely rewarding and stressful at the same time. You have the benefit of knowing you are running a successful company, but with owning a business comes numerous responsibilities. One of the things you must pay attention to when you own a business is how you keep records, specifically, your employees' records. There are numerous laws and regulations you must follow when you own a business, and there are laws about employee recordkeeping. It is important you comply with these regulations so you do not find yourself in trouble with the government.

Maintaining Personnel Files

A personnel file is one maintained for every employee’s personal information. Items that should be kept and updated in a personnel file include:

  • Employee’s name and personal information;
  • Job applications;
  • Resumes;
  • Employment offers;
  • Emergency contact forms;
  • Documents related to job performance;
  • Any warnings and formal discipline; and
  • Separate documents like exit interviews and resignation letters.

The United States Equal Employment Opportunity Commission (EEOC) states all employee personnel records must be kept for one year after the employee quits or is terminated.

...

Recent Blog Posts

Categories

Archives

Contact Us

NOTE: Fields with a * indicate a required field.
*
*
*
Illinois State Bar Association LawyerCentral.com

Our Office

1051 Perimeter Drive, Suite 400
Schaumburg, IL 60173
Phone: (847) 995-1205

Map & Directions