Posted on December 00, 0000 in Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) of 1938 is a United States labor law that gives workers the right to a minimum wage, as well as overtime pay when employees work more than 40 hours a week. It also prohibits employment of minors in “oppressive child labor.” When a company violates any of the FLSA regulations, employees can file a lawsuit against their employer. These violations can include wage and hour violations, such as unpaid overtime and wages that fall below minimum wage.

Even when business owners unintentionally violate the terms of FLSA, it is important they understand how to prepare for litigation to maintain their company’s good standing. If you are an Illinois business owner who is facing such allegations, an experienced attorney can help protect your business.

Continue Reading ››

 Posted on December 00, 0000 in Employer defense

The global pandemic of COVID-19 is on everyone’s minds these days. Millions of confirmed cases have been reported, and tens of thousands of people have died in the United States due to complications from the virus. Health and government officials continue to monitor the situation very closely. In countries throughout the world, non-essential businesses and schools have been temporarily closed in an effort to stop the spread of coronavirus. Illinois Governor J.B. Pritzker issued a “stay at home” order through April 30. For those small business owners and employers who are struggling to maintain their livelihoods, there is some relief in the form of financial assistance. The Illinois Department of Commerce & Economic Opportunity (DCEO) and the Illinois Department of Financial and Professional Regulation (IDFPR) established the Illinois Small Business Emergency Loan Fund to provide small businesses with the opportunity to apply for loans up to $50,000 at a low-interest rate.

Continue Reading ››

 Posted on December 00, 0000 in Contract Disputes

A contract is defined as a legally binding agreement that recognizes and governs the rights and duties of those involved, whether it be two or more parties. An agreement typically involves the exchange of goods, services, money, or the promise of doing so later on. In today’s business world, contract disputes are fairly common, regardless of the industry. When an agreement is drafted and signed, this binds the parties together for a period of time. However, when one party deviates from the terms of the agreement, this is known as a breach of contract. Employees usually have to sign a contract before starting work with a company. This can also apply to freelancers or independent contractors.

Continue Reading ››

 Posted on December 00, 0000 in Cook County Employment Attorney

A typical workweek for employees in the United States consists of 40 hours. However, many workers actually spend more time performing their jobs. For jobs that are paid on an hourly basis, anything over 40 hours is usually considered overtime. Although many salaried (exempt) workers work 50-60 hours a week, they may not be eligible for overtime pay depending on their company or employment contract. The Illinois Overtime law (called the Illinois Minimum Wage Law) mirrors the Federal Fair Labor Standards Act (FLSA) in many ways. Similar to the FLSA, the Illinois overtime law requires that non-exempt employees receive overtime pay equal to 1.5 times their regular hourly pay for any hours worked over 40 in a week. With so many employees working remotely now in response to the COVID-19 health crisis, it may be difficult to track employees’ hours regarding overtime if they are working from home.

Continue Reading ››

 Posted on December 00, 0000 in Uncategorized

Starting your own business and becoming your own boss can be a dream come true for many people. Bringing your talent and creativity to fruition may allow you flexibility and financial security at the same time. As an Illinois business owner, you have several options regarding what type of company you would like to form. Important considerations include ownership, taxation, and management. Although you may have a vision of how you want your business to run, you may not be sure which business entity is the best choice. Before making this crucial decision, consult an experienced business attorney for advice on the best path for your business.

Business Structures to Fit Your Goals

Running your own business offers many perks and can enhance your work-life balance. However, building a company from the ground up can be a daunting task, with many critical factors to consider before the doors can open for business. There are four main business entities that entrepreneurs may consider, as described below:

Continue Reading ››

 Posted on December 00, 0000 in Uncategorized

When 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.

Continue Reading ››

 Posted on December 00, 0000 in Cook County Employment Attorney

Laws are established for various reasons, mainly to keep citizens safe and provide for a fair society. The state of Illinois has several new laws taking effect in 2021, one of which affects employers and their employees. The minimum wage will increase to $11 per hour for standard workers; $6.60 per hour for tipped workers, and $8.50 per hour for workers under the age of 18 who work less than 650 hours in a calendar year. This new legislation is part of a staggered plan that will eventually raise the minimum wage to $15 per hour by 2025. However, many retailers have expressed concern that they cannot afford this new hourly rate after struggling to stay open during the pandemic. Whether you own a small start-up or a well-established company, it is important to understand the legal consequences for hourly wage violations in Illinois.

A Gradual Increase

Although the wage rate increase for 2021 is meant to assist the entire Illinois workforce, it will gradually increase depending on what part of the state you live in. On July 1, 2021, the minimum wage in Chicago will increase to $15 per hour, or $14.50 per hour for employees at companies with 20 or fewer employees. The minimum wage for tipped workers will increase to $9.00 per hour, and employers are required to make up the difference if the base wage plus tips does not equal $15.00 per hour.

Continue Reading ››

 Posted on December 00, 0000 in Uncategorized

President Trump signed a new stimulus bill into law just after Christmas, releasing another $900 billion in stimulus funds into the economy and preventing a government shutdown. The government would have shut down just before the new year if the President had not taken action. In addition to containing money to fund government operations, the spending package also includes emergency relief money that finances a new round of stimulus checks, unemployment aid, and small business assistance. A qualified employment attorney can help you learn how this new legislation may apply to you and your company, possibly saving your livelihood during this unprecedented time.

Financial Assistance for Struggling Businesses

The new deal from Congress will deliver approximately $900 billion in relief funds in an effort to help families and businesses struggling due to the COVID-19 pandemic. During this round of stimulus checks issued by the U.S. government, Americans will receive up to $600 per person for those earning $75,000 or less per year in addition to $600 for each minor dependent. This is similar to the country’s initial stimulus package months prior.

Continue Reading ››

 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.

Continue Reading ››

 Posted on December 00, 0000 in Employee Rights

Businesses must follow certain standards and procedures in order to remain open. A class action lawsuit is a legal claim made by employees who are seeking to collectively receive compensation from an employer for the same problem. This type of case can be in response to a faulty or defective product. A collective action is a slightly different procedure used in cases under the Fair Labor Standards Act, the Equal Pay Act, and the Age Discrimination in Employment Act. The Fair Labor Standards Act (FLSA) of 1938 is a comprehensive U.S. labor law that creates the right to a minimum wage and overtime pay when employees work more than 40 hours in a week. It also prohibits the employment of minors in “oppressive child labor.” Companies must uphold these guidelines or risk incurring penalties or legal action.

Continue Reading ››