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Illinois employment attorneyOn March 23, 2021, Illinois Gov. J.B. Pritzker signed into law the Employee Background Fairness Act. The new law adds an amendment to the Illinois Human Rights Act (IHRA) regarding how an employer can address a potential employee’s criminal conviction record. Under the IHRA, a person’s arrest record can not be held against them in the hiring process or once they have been hired, however, the new law extends these protections to a person’s conviction record. The new law went into effect immediately upon the governor’s signing.

Any individual – whether going through the hiring process or already working for an employee – who feels that they are being discriminated against because of a prior conviction or convictions may file a complaint with the Illinois Department of Human Rights (IDHR).

The law does have two exceptions where an employer can consider an individual’s conviction record either during the hiring process or after that individual is already employed by the company:

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

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