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Schaumburg employment lawyerWhen you own a company, there are federal, state, and local laws you must follow in order to stay in business. Under the Fair Labor Standards Act (FLSA), U.S. employees have the right to receive a minimum hourly wage, in addition to “time-and-a-half” overtime pay when they work more than 40 hours within a seven-day period. It also prohibits the employment of minors in “oppressive child labor” conditions. If business owners do not adhere to these rules and regulations, then workers may file lawsuits against their employers if they can show that the company is in violation. However, the company can defend against such charges as long as they can prove they did not violate any laws. An experienced employment attorney can help employers with providing this “burden of proof” in Illinois.

Potential Violations

There are several ways that a company can be in violation of FLSA rules, such as not paying its workers at least minimum wage or classifying them as non-exempt or contractors when they should be exempt or salaried. In other cases, upper management may use harassment tactics or discriminatory language to intimidate employees into doing certain tasks. The main areas in which an employer can be sued include:

  • Wages

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Untitled design (10)Everyone wants to know that they are valued in the workplace. Unfortunately, there are several situations when an employee is asked to leave permanently, whether that is for poor performance, missing too many days at work, restructuring in the company, or for other reasons. When making the decision to fire someone, there are many  questions that the employer may want to consider. For example, the employer may need a burden of proof, showing that their actions did not violate the Fair Labor Standards Act.

What Type of Employment State is Illinois?

Illinois is considered an “employment at-will state.” This means that, at any time, an employer or employee may terminate employment with no known reason or cause. Even though the employer may freely terminate employment at any time, the reason cannot legally regarding race, religion, sex, nationality, or unfavorable military discharge.

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

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