Cargill Meat Solutions Corp. Ground Up by U.S. Department of Labor for Discriminatory Employment Practices

 Posted on December 00, 0000 in Employment Lawyer

Cargill Meat Solutions Corp., one of the largest privately-held companies in the world, has agreed to settle with the U.S. Department of Labor and pay $2.24 million for allegations of sex-based, race-based, and ethnicity-based discrimination in the company’s hiring practices. The settlement will be paid to 2,959 applicants who were discriminated against at three meat-processing plants during the hiring process for production jobs between 2005 through 2009.

 The meat-processing plant in Springdale, Arkansas discriminated against female applicants, the plant in Fort Morgan, Colorado affected female, Caucasian and Hispanic applicants, and the plant based in Beardstown, Illinois discriminated against African-American and Caucasian applicants. Cargill’s Senior Vice President made a statement stating that Cargill does not employ discriminatory hiring practices, and that the reason for settlement was to avoid lengthy litigation and any cost or disruptions associated with the action. The settlement amount represents back wages and interest owed to the applicants affected and as part of the agreement, Cargill has agreed to provide 354 jobs to the affected applicants as positions open up within the plants.  Employment Law Settlements

This type of settlement, especially as applied to one of the largest, privately-held corporations in the world, represents a significant win in the employment discrimination field. Having a large corporation at the forefront of an employment discrimination scandal forces other major corporations to reassess the way that they hire potential applicants. The U.S. Department of Labor may want to use Cargill as an example, proving to similar, major corporations that they cannot discriminate just because they have a significant profit margin.

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Hiring Practices Could Mean Tax Credit for Small Businesses

 Posted on December 00, 0000 in Business Taxes

Under Illinois employment law, businesses who hire certain groups of employees could earn big tax credits this year.

According to the Illinois Department of Employment Security, employers who participate in the Work Opportunity Tax Credit program could earn up to $9,600 in federal tax credits for hiring certain groups of employees:

• Up to $2,400 for short-term welfare recipients and ex-felons
• Up to $9,000 over two years for long-term public assistance recipients
• Up to $9,600 per veterans for profit employers or up to $6,240 for non-profit organizations.

In addition to these federal credits, Illinois employers can earn substantial state tax credits for hiring veterans, particularly those who served during Operation Desert Storm, Operation Enduring Freedom, or Operation Iraqi Freedom. This credit can be up to $5,000. Ten percent of the total earnings paid to every qualified veteran hired after January 1, 2010 can be applied to the credit, as long as the veteran worked at least 185 days during the tax year.

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Proposed Minimum Wage Increase may Be Difficult for Illinois Small Businesses

 Posted on December 00, 0000 in Employee Rights

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Illinois Supreme Court Upholds Worker Misclassification Law

 Posted on December 00, 0000 in Employee Misclassification

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Illinois Bill Proposes Change to Overtime Pay Eligibility

 Posted on December 00, 0000 in Employee Rights

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Providing Adequate Provision for Nursing Mothers: FLSA Section 7(r)

 Posted on December 00, 0000 in Fair Labor Standards Act

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The FLSA and Protecting your Business

 Posted on December 00, 0000 in Employment Lawyer

The Fair Labor Standards Act was enacted in 1938 by a Senator named Hugo Black.  He struggled for nearly 6 years to afford certain legal rights to workers in America.  After making some changes to his original guidelines about a 30 hour workweek and other rules, he gradually came to a compromise that was accepted by Congress and made into a law.  So what are the legal requirements of the Fair Labor Standards Act?  It set out to, primarily, do the following:

- Establish a national standard for minimum wage.

- Protect young children from dangerous work.

- Institute a maximum 40 hour work week, with overtime pay.

The goal of the act was the “elimination of labor conditions detrimental to the maintenance of the minimum standards of living necessary for health, efficiency and well-being of workers,” according to its original language.  This served another purpose which kept people working and stopped them from striking due to poor working conditions.  In another effort to level the playing field between all kinds of people, the FLSA was amended in 1963 to require equal pay for equal work.  This required women to receive the same wages as men who held the same position.

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Understanding Wage Garnishment in Illinois

 Posted on December 00, 0000 in Employee Rights

According to CreditCards.com, wage garnishment is a practice meant to cause a dent in a debtor’s confidence and income by taking a percentage from the individual’s paycheck each month. Credit card companies, in an attempt to recover unpaid credit card debt or dues, may engage in wage garnishing by taking monies out of an employee's paycheck. David Cherner, the former director of state government affairs for the Association of Credit and Collection Professionals International, told CreditCards.com that in most states, wage garnishment can only be initiated by a court order.

In Illinois, according to the Illinois State Legislature, wage garnishment may only be initiated if a debt is owed for more than 40 days and the individual has continued to default even after a notice has been served and warns the debtor that wage garnishment will ensue. The actual practice cannot begin in less than 20 days before this notice of intention has been served to the employee.

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Are Unpaid Internships Legal?

 Posted on December 00, 0000 in Employment Lawyer

As summer approaches, various companies will begin to consider the possibility of offering internships to college students and recent graduates in order to bolster their workforce.

In some cases, companies  will choose to allow the work experience, and a letter of recommendation, to act as fair pay for the intern’s time. However, several recent employment lawsuits across the country have brought about questioning in regards to whether or not unpaid internships are legal.

One of the most recent cases involved Hearst Corp., a New York firm that was facing a class-action lawsuit from a group of 3,000 unpaid interns. However, the court recently ruled that the group could not continue their class-action suit. Instead, they will have to file individual cases against the company. And while many interns feel this ruling is a major setback for intern employment rights, it does offer some legal protection for companies who choose to continue offering low pay or unpaid internships. Today, internships have become a near requirement for those college students hoping to land employment with a good firm after graduation. Unpaid internships are legal; however, if your company is concerned over potential lawsuits, there are several things you can do. To begin, consider offering recent graduates a competitive internship, for example, with the winner being offered a job at the end of their term. Also, establish a relationship with the local college that will allow interns to earn credit for the time they spend working. Ensuring that interns receive valuable job training and are treated well will also go a long way towards protecting your company.

If your business is considering offering an internship this summer or in the future, speak with an attorney who understands employment law. Contact the Miller Law Firm, P.C. today for a consultation. We can help you set up your internship program in a legal manner, and thus protect you from costly legal action later.

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Independent Contractors vs. Employees in Illinois

 Posted on December 00, 0000 in Employee Misclassification

To be one’s own boss is a deep thread in the narrative of the American dream. And in recent years, employers — especially in major cities like Chicago —have been utilizing independent contractors. And unlike employees, these employers have not been providing independent contractors with the same benefits as salaried workers. According to Business & Legal Resources, Illinois state law states that an employer must adhere to strict requirements regarding unemployment tax, workers’ compensation, and wage laws for employees. Yet these restrictions do not necessarily extend to independent contractors.

However, in July 2013, Governor Pat Quinn signed the Employee Classification Act into law in an attempt to bring independent contractors, specifically construction workers, some of the protections offered to salaried workers.The Employee Classification Act "establishes specific criteria to determine if an individual performing services for a construction contractor is an employee or an independent contractor." The law went into effect in January.

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