Posted on December 00, 0000 in Employee Rights

For many young Americans, working at a part-time job is an important milestone of growing up. According to the Bureau of Labor Statistics, there were 20.9 million 16- to 24-year-olds who were employed in July 2018. These youths are working at jobs that range from retail to the food industry, most of which are covered by the Fair Labor Standards Act (FLSA). Among other things, the FLSA established a minimum wage rule which states that employers may not pay employees less than the current federal minimum wage. In 1996, the FLSA was amended to allow employers to pay employed youths less than the normal minimum wage, but when doing so, employers must follow certain rules.

Federal Minimum Wage Laws

The FLSA states that no employer is permitted to pay its employees less than $7.25 per hour, except if that employee is considered to be a “youth.” According to the FLSA, an employer may pay a person who is under the age of 20 a lower wage for a specific, yet limited period of time. An employer may pay a minimum wage of $4.25 per hour for the first 90 consecutive calendar days of that youth’s employment. After 90 days, the employer is required to pay the youth the same minimum wage as everyone else, $7.25 per hour, unless a state or local law states otherwise.

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 Posted on December 00, 0000 in Employee Rights

In the United States, several measures have been put in place in an effort to prevent discrimination of any kind in the workplace. Workplace discrimination occurs when an employer treats an employee or prospective employee in a prejudicial manner because of his or her race, religion, gender, sexual orientation, age, or other factors. These prejudices can affect hiring, firing, promotions, salary, benefits, job training, or assignments. If any employee feels like he or she has been discriminated against, he or she has the right to file a complaint and/or a lawsuit against the company, which can result in negative consequences toward the employer.

Types of Discrimination

There are many different aspects that can serve as a basis for discrimination, which is prohibited by law. According to the U.S. Equal Employment Opportunity Commission (EEOC), workplace discrimination can be based on:

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 Posted on December 00, 0000 in Employee Rights

Trying to balance work and family life can be a challenge for anyone, but when an employee’s family member is sick or there is a birth in the family, it can be even more daunting. The Family and Medical Leave Act (FMLA) was created to mitigate some of the stresses that come with certain life circumstances. There are caveats to the FMLA, however. For example, in the private sector, the FMLA only applies to employers who have 50 or more employees. Employees must have worked for the employer for at least 12 months and have worked a minimum of 1,250 hours for that employee to be covered by the FMLA. Only specific scenarios are covered by the FMLA, and as an employer, it is important you are aware of these situations.

Birth of a Child

When an employee has a child, he or she is eligible to take leave to bond with and care for that child, no matter if the worker is the mother or the father. However, the employee must take his or her leave within 12 months after the child is born. This type of leave must be taken as a block of time (consecutive days or months) unless you as the employer agree to intermittent leave.

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 Posted on December 00, 0000 in Employee Rights

Since the Industrial Revolution that took place between the late 18th century and the mid 19th century, the United States has seen an emphasis placed on improving the lives of workers. There are numerous state and federal laws that have been enacted to protect the rights of employees, including laws about worker safety, wage and work hour standards, discrimination policies, and other things that restrict what employers can and cannot do. Like any other laws, workplace laws are always evolving. A recent public act that was signed into law in Illinois will add new employment laws and amend some that already exist.

Workplace Transparency Act

The Workplace Transparency Act was signed into law by the governor this past August. The new law will apply to all contracts, waivers, agreements, or clauses entered into after January 1, 2020 concerning sexual harassment violations or any other Title VII or human rights violations. Employees will be prohibited from unilaterally requiring arbitration (a form of alternative dispute resolution) for claims that arise from violations of any law that is enforced by the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights.

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 Posted on December 00, 0000 in Employer defense

Employment law is complex and can include many different types of lawsuits, including class action and collective action lawsuits. A class action lawsuit is a single lawsuit that is taken to court to represent a group of employees who have all experienced the same alleged actions taken by the employer. A class action lawsuit is typically used when it would be impractical to take each individual case to court. Instead, an attorney or a group of attorneys is used to represent all employees who are involved in the lawsuit. Protecting yourself as a business is extremely important if you find yourself the target of a class action employment lawsuit.

What Is the Difference Between a Class Action and Collective Action Lawsuit?

These two types of lawsuits are similar to each other, though they do differ in a few ways. In a class action lawsuit, one employee can file a lawsuit for everyone who works for the same company. Once the court grants permission for the case to proceed, all of the employees included in the lawsuit will be notified of their ability to “opt-out” or not participate in the lawsuit.

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 Posted on December 00, 0000 in Employment Lawyer

In 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:

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 Posted on December 00, 0000 in Employee Misclassification

Depending on the industry or field of work, companies may hire employees or independent contractors (often called freelancers) or even a combination of both. Although either type of worker may perform similar job duties, it is important to understand the distinction between them as an employer. The federal Fair Labor Standards Act (FLSA) considers several factors to determine whether a worker is designated as an employee or an independent contractor. Some of the main differences between these types of workers include how they are paid, taxes, and insurance benefits. Every business is unique, and what works for one company may not work for another. If you are an Illinois business owner, it is imperative that you understand the laws and how they relate to your employees. In some situations, utilizing independent contractors may benefit your business in the long run.

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 Posted on December 00, 0000 in Record Keeping

Owning your own business and being your own boss can be very rewarding, regardless of the field of work. In the United States, there are certain rules and regulations that control how a company should operate, and these guidelines may be different depending on the industry. All companies that operate under the Fair Labor Standards Act are required to keep specific records for a designated period of time for covered, non-exempt employees. Essential documentation may include an employee’s contact information, salary, work hours, and job duties. Record keeping might seem like a basic task, but if it is not done properly, this can lead to significant consequences. An experienced employment law attorney can help a business owner avoid any civil or criminal actions that they could face.

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 Posted on December 00, 0000 in Employee Rights

Several 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.

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 Posted on December 00, 0000 in Employer defense

COVID-19, or coronavirus 2019, is a respiratory illness that can spread from animal to person or person to person. The virus was first identified during an outbreak in Wuhan, China. Currently, health officials are working on a vaccine for it, but that may take up to a year before it is approved. There is no doubt the virus has had a significant impact on people’s lives since it was declared a global pandemic by the World Health Organization (WHO). Here in Illinois, Governor Pritzker said he is filing emergency rules that will allow those who cannot work because they are sick with coronavirus to collect unemployment insurance benefits to the full extent permitted by federal law. This would mean employers are required to pay workers who go on sick leave due to coronavirus.

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