Posted on December 00, 0000 in Illinois employment lawyer

Earlier this week, protesters from as far as New York City descended upon the Oak Brook headquarters of McDonald’s pushing for increases in the wages for front-line workers. This protest is the latest in an ongoing push among fast-food workers toward raising the minimum wage and the quality of life for employees in the nation’s restaurants.

According to reports, organizers were expecting a turnout of more than 5,000 participants, many of whom currently work for the fast-food giant. Oak Brook police estimated that about 2,000 people participated in Wednesday’s demonstration that was held one day before the company’s annual shareholder meeting. A similar protest was held last year about the same time, which led to the arrest of more than 135 people for trespassing.

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 Posted on December 00, 0000 in Contract Disputes

As a business owner, staffing your company properly is one of the keys to success. Your employees not only help you provide goods or services to your customers, they are also a representation of your company, both on and off the clock. To ensure that employees are living up to the expected standards, many employers will draft an employee handbook which addresses a staff member’s rights and responsibilities. As you develop a handbook, however, there some things you should keep in mind that can help you protect your company.

Illinois At-Will Employment

In Illinois, as in just about every state, employment relationships are presumed to be “at-will,” meaning that either party may end the relationship at any time and for any reason, other than those prohibited by law, or no reason. Of course, there may economic or reputation-related consequences that result from terminating employment unfairly, but, with certain exceptions, there is no legal liability incurred.

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 Posted on December 00, 0000 in Cook County Employment Attorney

As a business owner, you have the right to create workplace policies that encourage a safe and productive work environment. For many employers, this means a complete ban on alcohol and controlled substances on the job. The use of drugs or alcohol while working can be extremely dangerous, and, in a large number of companies, grounds for severe discipline up to and including termination. Recreational use away from the workplace, however, is a different story, at least according to a recent Illinois appellate court decision.

Marijuana While on Vacation

The lawsuit before the appeals court was based on the denial of unemployment benefits to man who verbally acknowledged the use of marijuana on personal time. His case, Eastham vs. Housing Authority of Jefferson County, claimed that he was wrongfully denied unemployment compensation, as his marijuana use did not violate his employer’s drug-free workplace policy.

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 Posted on December 00, 0000 in Employee Misclassification

As a business owner, you are most likely very aware that the misclassification of your workers as either employees or independent contractors can have a dramatic impact on your company. If done incorrectly, you could be facing serious fines and penalties imposed by the IRS. Rarely, however, do such concerns get played out on a national stage, but over the last few months, the ridesharing provider Uber has faced a large concerns regarding the employment status of its drivers.

In early June, the California Labor Commissioner’s Office found in favor of a former Uber driver who claimed that the San Francisco-based tech company owed her more than $4,000 for unreimbursed business expenses. The ruling, although limited to the driver’s case alone, essentially declared that she was employee of Uber, and therefore, eligible for the reimbursement. Uber maintains that those who drive for the company are independent contractors.

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 Posted on December 00, 0000 in Employment Discrimination

With the power of the internet and the determination to find answers, a Washington, D.C. girl challenged the work of a retired history professor regarding the prevalence of employment discrimination against Irish immigrants from the mid-19^th century into the 20^th century. What started with a Google search ultimately lead to the teen’s findings being published in the same journal that carried the historian’s thesis more than a decade ago.

An Urban Legend?

The professor, Richard Jensen, retired from the University of Illinois at Chicago, published a research project in 2002 that concluded that claims of victimhood for Irish Americans were overstated, and the that the now semi-iconic “No Irish Need Apply” signs rarely, if ever, graced the windows of establishments looking to hire help. In his research, Jensen found only a handful of examples of such blatant discrimination, either in shop windows or in printed want-ads. He determined that the myth of prejudice against the Irish was based on misperception and exaggeration, and perpetuated by popular drinking songs and lore.

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 Posted on December 00, 0000 in Minimum Wage

As stories of fast-food industry workers protesting for higher wages continue to hit headlines around the country, a recent study suggests that such demands may be founded on at least a kernel of truth. Claims have abounded for decades that the federal and state minimum wages could not produce a sufficient income on which to live and raise a family. Researchers have developed a method to quantify exactly what constitutes a living wage for a particular area of the country, and, comparing that to the minimum wage currently in place, establishing a dollar measurement of the gap between the two.

Cost of Living

Amy Glasmeier is a professor of economic geography at the Massachusetts Institute of Technology, better known as MIT. She and a team of researchers developed what they call the Living Wage Calculator designed to take into account various financial, governmental, and tax factors at work in an area to determine a fairly precise cost of living. Applying the calculator to the entire country, Glasmeier found serious discrepancies between the amount per hour required to live and raise a family and the minimum hourly wage in nearly every region of the nation.

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 Posted on December 00, 0000 in Employment Discrimination

When people think of sexual harassment, images of a staid workplace in which men rule come to mind, but sexual harassment is not only an issue within the scope of employment. Issues of sexual harassment have come to light in recent years especially in organizations like the military and universities, but people—most often women—can also fall prey to sexual harassers in public places as well. One of these places that has most recently come to the fore is on public transportation. Last year, Chicago-area women called for ad campaigns to raise awareness of sexual harassment cases on public CTA trains. While being sexual harassed is definitely uncomfortable … But is it illegal?

The U.S. Equal Employment Opportunity Commission defines sexual harassment under Title VII as applicable only in job places in which the employer employees 15 or more people. This can also include employment agencies, labor organizations, and federal, state, and local governments. Much has been written and said about the daily grind of many women’s’ commutes that include ubiquitous sexual harassment on public transit, though there are not yet laws in place, in Chicagoland or any other U.S. city, that expressly forbid and prohibit sexual harassment on public trains.

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 Posted on December 00, 0000 in Illinois employment lawyer

When you own and run a business that requires a staff, you know exactly how much every employee means to your company. You could never achieve the same level of success on your own, and you realize that each workers brings to the table a unique set of skills and personality. Of course, as part of the equation, you offer your employees fair pay, possibly benefits, and more in exchange for their time and service, but do they truly know that they are appreciated? As 2015 draws to a close, there are some ways that you can ensure your team feels valued and truly cared for.

Employees Are People Too

While you may spend dozens of hours each week with certain team members, take a moment to think about how much you know about them. Do you know their spouses’ names or how old their children are? What are some of their personal time hobbies and interests? The more you get to know your staff, the more they will feel like part of your company’s family. There is no checklist of things to talk about and just asking questions to write down the answers feels cheap and insincere. Learn about your staff because you want to know them as individuals and as people, not just subordinates.

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 Posted on December 00, 0000 in Employment Lawyer

Most employers offer some form of paid time off or vacation days to their full-time employees.  It is impossible for most workers to remain reasonably productive without being able to take a day or two to recharge, recreate, or even tend to other demands of life. In the state of Illinois, there is no law or statute that requires you, as an employer, to offer vacation or personal days, but if you choose to do so, it is important to apply your policy evenly to all eligible employees and to fully comply with any and all promises you have made to your team.

Policies and Contracts

Whether your vacation policy is listed in each employee’s contract or simply as part of a more general employee handbook, you need to understand exactly what you promising each worker. You have the right to decide how many days of vacation may be earned by an employee based on his or her length of service. It is also within your rights to determine that vacation time must be taken within a certain period of time or be forfeited. If you choose to establish such a policy, however, you will need to be sure to provide your employees the reasonable opportunity to take all earned vacation days.

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 Posted on December 00, 0000 in Cook County Employment Attorney

Following an investigation by the U.S. Department of Labor, a federal judge in Michigan has ordered the owners of a breakfast restaurant to pay nearly a quarter of a million dollars in back wages and damages to more than 100 employees. The DOL’s Wage and Hour Division determined that the owners were responsible for a number of wage-related violations, including requiring tipped employees to contribute $2 per hour from their tips as a condition of continued employment.

“Requiring employees to hand over part of their tips to their employer poses a serious problem to workers who, in many cases, are already struggling to get by,” said Mary O’Rourke, a local Department of Labor official. “[It] also undercuts those employers that obey the law and pay their workers properly. She and other regulators hope the judgment serves as a “wake-up call” to those looking to take advantage of their workers.

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