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Schaumburg employment lawyerIllinois employers must meet certain regulations set forth by the federal and local governments to operate. These include safety protocols to ensure a safe and secure working environment, as well as a minimum wage amount paid to employees. On July 1, 2020, the Illinois minimum wage was set to $10.00 per hour for those workers who are age 18 or older. For jobs in which gratuities are paid to employees, such as in restaurants, an employer is allowed to pay 60 percent of the minimum wage to its workers. In addition, overtime must be paid after 40 hours of work per week. When companies violate any of these employment laws, they can face legal consequences.

Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) is a U.S. labor law that gives workers the right to a minimum wage, and “time-and-a-half” overtime pay after working over 40 hours a week. It also prohibits the employment of minors in “oppressive” work conditions. FLSA has four main components:

  • Minimum wage

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Schaumburg employment attorneySeveral changes to Illinois laws went into effect on January 1, 2020. This legislation affected many different areas of the criminal justice system, including employment law. Employers are required to follow certain rules and uphold standards in order to maintain a good business standing. Companies are regulated by the Fair Labor Standards Act (FLSA), which was passed in 1938 to improve workplace conditions. Since that time, there has been a much greater focus on sexual harassment prevention in the workplace. Signed into law by Governor J.B. Pritzker in 2019, the Workplace Transparency Act (WTA) was enacted at the first of the year and is intended to prevent workplace discrimination and harassment while providing greater protections for Illinois employees. Depending on the circumstances, some employers may need to revise certain policies, training, and reporting as they relate to their employees in order to comply with the WTA.

Details of the WTA

Upon their hiring, employees may be required to sign an employment contract that describes the terms of their employment and requires them to follow company policies. The WTA prohibits any contract or agreement that restricts an employee from reporting unlawful conduct or employment practices or testifying about alleged criminal conduct. In addition, the WTA limits the use of non-disclosure or arbitration clauses that would potentially require an employee to waive or mediate a current or future claim regarding an unlawful employment practice.

The WTA allows for confidentiality provisions in employment agreements with prospective and current employees if they comply with specific requirements. Provisions that would be considered against public policy may be included if the employer and the current or potential employee both agree to these terms in writing, and the agreement reflects “actual, knowing, and bargained-for consideration” from both parties. The agreement must also state that the employee has the right to:

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1051 Perimeter Drive, Suite 400
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