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Recent Blog Posts

New Illinois Paid Leave Law Now in Effect

 Posted on February 23, 2024 in Employment Lawyer

Illinois employment lawyerA new law that went into effect in Illinois on January 1, 2024, allows workers to earn paid leave. It is imperative for all employers to understand how the new law works, as well as ensure that all of their workers are aware of it. Failure to comply could result in legal issues. The following is a brief overview the Paid Leave for All Workers Act. Contact an Illinois employment lawyer for more detailed information or if you are dealing with any potential legal problems with any of your employees.

The Paid Leave for All Workers Act

The Paid Leave for All Workers Act (PLAWA) was passed last March but just went into effect last month. Under the new law, workers can earn up to 40 hours (five days) of paid leave each year (within a 12-month period). For every 40 hours an employee works, they earn one hour of paid leave.

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DOL Issues Final Rule on Employee vs. Independent Contractor Status

 Posted on January 30, 2024 in Employee Misclassification

Blog ImageThe issue of whether or not a worker is an actual employee or an independent contractor has long been an issue for many companies. The distinction between an employee and an independent contractor holds significant implications for both employers and workers. It is a crucial determination that affects tax obligations, legal responsibilities, and the overall dynamics of the working relationship. The U.S. Labor Department (DOL) has a stringent stance on this topic, stressing to companies that when an employee is misclassified as an independent contractor, it deprives that individual of basic rights and protections.

Earlier this month the DOL released its final rule that revises a provision in the Fair Labor Standards Act that specifies what classifies a worker as an employee or an independent contractor. If your company is having problems over this issue, it is important to contact an Illinois employment lawyer.

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How to Protect Your Company from Employee Lawsuits

 Posted on December 28, 2023 in Employment Lawyer

Blog ImageIf you own your own company, then you may be aware of how commonplace it has become for employees to file lawsuits against their employers for issues that include wrongful termination, discrimination, harassment, wage and hour disputes, and workplace safety. While it is always crucial to prioritize employee rights and maintain a healthy work environment, employers can also take proactive measures to protect themselves from potential lawsuits. The following are some steps to consider. If you do find yourself dealing with legal action filed by an employee, make sure to contact an Illinois employment lawyer for legal guidance.

Establish Clear Employment Policies and Procedures

One of the most effective ways to reduce the risk of employee lawsuits is to create and maintain clear and comprehensive employment policies and procedures. A well-documented and consistently applied set of policies can help set expectations and provide a legal framework for your employment practices.

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What Is the Illinois Law That Impacts Temp Worker Wages?

 Posted on November 27, 2023 in Illinois employment lawyer

Schaumburg, IL Employment Law AttorneyIn August, Illinois lawmakers passed the Temp Worker Fairness and Safety Act to protect temporary workers from being kept in temporary “limbo.” According to the new law, employers are now required to pay temporary workers comparable wages as company employees after the temp workers have passed the 90-day mark on the job. This practice is referred to as “permatemping.” If your company regularly employs temp workers, it is important to speak to an Illinois employment lawyer to ensure you are following the law.

Issues for Temporary Employees

According to statistics from the Illinois Department of Labor, over 300 temporary labor agencies operate in the state. Last year, more than 980,000 Illinois residents were employed as temp workers. One national study conducted in 2021 revealed that more than 60 percent of staffing agencies engaged in discrimination.

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New EEOC Guidance on Workplace Harassment

 Posted on October 25, 2023 in Employment Lawyer

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The Equal Employment Opportunity Commission (EEOC) plays a vital role in promoting workplace equality and addressing issues related to discrimination and harassment. Recently, the EEOC published its proposed Enforcement Guidance on Harassment in the Workplace. This is the first significant update to the EEOC's guidance on workplace harassment since 1999, and it reflects the changing landscape of work and the growing understanding of harassment in all its forms. The following is a brief overview of the proposed changes and additions to the current guidelines. According to the EEOC’s announcement, the agency will be taking public comments on its proposals until November 1. For more detailed information, contact an Illinois employment lawyer

What Constitutes Harassment?

The proposed guidance clarifies that harassment can be based on a wide range of protected characteristics, including race, color, religion, sex (including sexual orientation and gender identity), national origin, age, disability, and genetic information. It also clarifies that harassment can take many forms, including verbal, physical, and nonverbal conduct, as well as conduct directed at an individual or a group of individuals.

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Is Your Company in Compliance with PWFA?

 Posted on September 26, 2023 in Illinois employment lawyer

Untitled---2023-09-26T144643.065.jpgThe Pregnant Workers Fairness Act (PWFA), a landmark piece of employment legislation, went into effect on June 27, 2023. This new law requires employers to provide reasonable accommodations for employees who have physical limitations that are related to pregnancy, childbirth, or other related medical conditions. It is critical that all employers understand the requirements of this law, as well as the ramifications of failing to follow it. The following is a brief overview. For more detailed information, contact an Illinois employment law attorney.

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Minimum Wage Violations for Tipped Employees in Illinois

 Posted on August 15, 2023 in Employee Rights

Untitled---2023-08-15T123146.783.jpgAs an employer in Illinois, you are responsible for paying your tipped employees the minimum wage. The Illinois Minimum Wage Act (IMWA) sets the minimum wage for tipped employees at $7.80 per hour as long as the employee's tips bring their total earnings up to the state minimum wage of $13.00 per hour. However, there are a number of rules and regulations that you must follow in order to comply with the IMWA.

 

What If My Tipped Employees Do Not Make Enough Tips to Reach the Minimum Wage?

If your tipped employees do not make enough tips to reach the minimum wage, you may be required to make up the difference. This is called the tip credit. An employer can pay tipped employees $7.80 per hour in wages, plus $3.30 per hour in tips, as long as the employee’s total earnings reach the state minimum wage of $13.00 per hour. If the employee’s tips average $20 or more per month, as an employer, you will not be required to make up the difference.

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“Hiring” Independent Contractors Versus Employees: What You Need to Know

 Posted on July 19, 2023 in Employee Misclassification

Untitled-46.jpgAs a business owner, you likely take great pride in your work. Yet, when too many tasks fall on the shoulders of one individual, the quality of that person’s work may slip and deadlines may be missed. If you are thinking about hiring someone to help lighten your company’s workload, it is important to understand what your options are and the potential benefits and drawbacks of embracing each approach.

Generally speaking, you can hire employees or you can engage the services of independent contractors. Even if you opt to work with an employment vendor, you will need to understand the implications of whether that vendor’s workers are classified as independent contractors versus employees of that company. This information can help you to make informed choices that could impact your company’s risk of liability, its internal practices, and your obligations to those new people who will help you to operate your business.

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What Employers Should Know About the One Day Rest In Seven Act (ODRISA)

 Posted on June 01, 2023 in Employment Lawyer

Schaumburg, IL Employment Law AttorneysWorker shortages, inflation, the rising cost of supplies, and other factors have made it difficult for many Illinois businesses to keep their doors open. A significant percentage of businesses are understaffed, and existing employees are often asked to work extra shifts or longer hours to compensate for this.

However, as an employer, it is essential that you understand your obligations and limitations under Illinois and federal law. In this blog, we will discuss the One Day Rest in Seven Act and how it can influence employee work schedules.

ODRISA Requires Employers to Provide Breaks to Workers

Governor JB Pritzker signed Bill 3146, in May of last year. The bill amends the One Day Rest In Seven Act (ODRISA) and adds additional provisions all Illinois employers should be aware of. The new legislation went into effect on January 1, 2023.

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When Can Employers Be Penalized for Retaliating Against Employees?

 Posted on May 15, 2023 in Employment Lawyer

Schaumburg, IL Employment Lawyer Assisting in Retaliation CasesRetaliation in the workplace is a serious issue that can lead to numerous legal complications for employers. Employees have certain rights, and employers may be accused of violating these rights if they penalize an employee in response to certain actions. For employers, it is important to know what types of disciplinary actions against employees are allowed and what may constitute a violation of the Fair Labor Standards Act or other laws and regulations.

What Is Retaliation?

Retaliation refers to any adverse action taken by an employer against an employee in response to protected activity. These actions may include terminating or demoting an employee, reducing an employee's hours or lowering their wages, or other types of negative treatment. An employer who is accused of retaliation may face legal action from employees or former employees, investigations by federal or state government organizations, and penalties such as the requirement to pay fines or reimburse employees for lost wages.

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

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