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The Differences between an Employee and Independent Contractor
If you are an employer, you have to define the role that each person plays in your organization. Part of this definition is determining whether those on your payroll are defined an employees or independent contractors. There are several differences between the two as outlined below.
The most important difference is the right of control. If you control the way that a job is done, or if you provide the tools that are used to complete the job, then the worker is considered an employee. If you have no control over the way that a job is done except for the results of the job, and the worker uses his own tools or materials, then the worker is considered an independent contractor.
Another factor that determines the designation of the worker is the way that the worker is paid. If the worker were paid per job that he does for you instead of by the hour or if he is paid per project without guarantee of future work, he would be classified as an independent contractor.
Son of Drew Peterson Loses Wrongful Termination Appeal
The Chicago Tribune is reporting that a DuPage County judge has issued a ruling upholding the decision of the Oak Brook police and fire commission to terminate Stephen Peterson’s employment in 2011. The 33-year-old son of convicted killer Drew Peterson allegedly withheld information, testified in a contradictory manner, and otherwise exercised poor judgment following the 2007 disappearance of his father’s fourth wife. Village officials also alleged that Peterson’s son removed at least three firearms from Peterson’s residence so that they would not be seized by authorities during a search. Peterson’s son appealed his termination from the Oak Brook Police Department to the DuPage County court, and is likely to file a further appeal, which must be filed within 30 days of the judge’s written decision.
The WARN Act Basics
In the wake of the 2008 economic recession, employers across the state of Illinois were forced to layoff thousands of workers, leaving many Illinois families without steady income and without prospects. At the end of 2011 alone, more than 1,100 workers at 10 companies lost their jobs, according to the Chicago Tribune—including massive cuts at Sun-Times Media, which cut 456 jobs in the Chicago area at the end of that year. Prospects weren’t much better at the beginning of 2012, when three major Illinois employers announced they’d layoff 260 employees, according to a different Tribune article.
Former Employees Suing Wrigley Rooftop for Unpaid Wages
Wrigley Field is the only ballpark in North America where the rooftops provide a view of the game. While the relationship is tenuous, these rooftops can charge anywhere from $75 to $350 for admission to watch Cubs’ games. This money should be going to the workers at these establishments, but it allegedly has not been.
On March 19th, three former workers of the Sheffield Baseball Club have decided to sue for unpaid overtime and also unpaid tips. Daniel Garcia, Pedro Castro and Rik Leja all worked as busboys at this establishment. It is alleged in their lawsuit that an average night game would bring in nearly $120 per person in tips.
The payment for working overtime is also a concern for these former employees. The Cubs have week-long home stands that would require workers to sometimes work all seven days for 60 hours. Then workers would typically have a week off of work while the Cubs are on the road. Instead of paying time and a half for overtime, the Sheffield Baseball Club would pay 40 hours on one week and 20 hours on the next. Since the schedules are public records, there is no issue with reviewing pay stubs to verify any improper wages.
Illinois gay rights group critiques President Obama’s State of the Union Address
According to an article posted by ChicagoPride, an Illinois gay rights group has had some issues with President Obama’s State of the Union address, and, in particularly, the Employment Non-Discrimination Act.
On February 12th, President Barack Obama delivered his State of the Union address and made reference to providing equal benefits for gay and lesbian service members and their families. While it is true that this is an important issue, there are many other issues facing LGBT Americans. These issues include the passing of the Employment Non-Discrimination Act (ENDA), advancing comprehensive immigration reform that includes same-gender couples, and striking down the Defense of Marriage Act (DOMA).
Executive Director of The Civil Rights Agenda, the largest Illinois LGBT civil rights advocacy organization, leader Anthony Martinez, “many LGBT leaders and community members had hoped that the President would choose this moment to aid in advancing important policy issues affecting LGBT Americans.”
How to Determine Eligibility to Receive Overtime In Illinois
Knowing whether or not you’re eligible to receive overtime has long been an important issue for employees and employers alike. Businesses commonly label positions as exempt from receiving overtime, when the work that’s being performed in that position should be, by law, non-exempt. According to the Illinois Department of Labor, “when determining whether an exempt or non-exempt from receiving overtime, an employer in Illinois needs to review their employee’s classification against both the federal Fair Labor Standards Act (FLAS) and the Illinois Minimum Wage Law.” There are several incidences in which employers don’t always take the initiative, and so it’s good for employers to review these laws as well.
According to the Minimum Wage Law, workers 18 and over must paid a minimum of $8.25 per hour; workers under 19 may be paid $.50 per hour less than the adult minimum wage. Most minimum wage jobs are non-exempt for workers 18 and over, which often gets overlooked. Although the nitty-gritty of state regulations differ, according to the University of California a non-exempt job is such:
Minimum Wages Raised in Ten States
Ten states raised their minimum wages by 10 to 35 cents per hour in January, according to a recent article in the Chicago Tribune. Minimum wages were increased in Arizona, Colorado, Florida, Missouri, Montana, Ohio, Oregon, Rhode Island, Vermont and Washington. The increase will boost the incomes of almost 1 million low-paid employees by $190 to $510 per year, a study shows.
The minimum wages were raised in accordance with state laws requiring yearly adjustments to keep pace with inflation. "For a low-wage worker, these increases are a vital protection against rising costs. In states without indexing, inflation slowly erodes the value of minimum wage workers' pay," said David Cooper, an analyst with the nonpartisan Economic Policy Institute.
Veteran Police Officer Sues City of Elgin
Workers have the protection of local, state and federal laws outlawing discrimination in the workplace. That covers any protected status such as race, age, physical ability, sexual orientation, religious beliefs and others. There are different ways that discrimination can be noticed. Discrimination can be present in many aspects of work, including the hiring and firing process, promotions, work assignments and compensation.
Most recently, a 16 year veteran of the Elgin police department has initiated legal action against his employer and two coworkers. Phillipp D. Brown claimed in his federal lawsuit that there is a racist culture which exists in his workplace. There was no discipline for the use of racial slurs, black officers were disenfranchised, and the Ku Klux Klan was celebrated according to the claimant. Brown has also said that his complaints against discrimination resulted in being passed over for career opportunities.
Peoria ranked third in high tech employment growth
A recent study listed Peoria as third on a list of the top 25 metros for high-tech employment growth from 2010-2011.
A San Francisco-based nonprofit Engine commissioned the Bay Area Council Economic Institution to analyze U.S. Bureau of Labor statistics data and to identify communities around the country that have experienced noticeable job growth in the tech-sector.
Grant Brewen, CEO of Peoria NEXT, the high-tech collaborative formed 11 years ago, said “When we talk about technology in the greater Peoria region, many people groan as if the words, ‘technology,’ and ‘Peoria,” don’t belong in the same sentence, but that couldn’t be farther from the truth.”
At his office in the Peoria NEXT Innovation Center, 801 W. Main St., the business incubatory that opened in 2007, Brewen also added that, “This region has an amazing amount of technology and research activities happening, and every day more and more ideas are put to the test.” He said that the area has “always been known as a manufacturing and agriculture focused region, and the area had to accept the notion that it could also embrace technology commercialization.”
The Illinois Equal Pay Act
The Illinois Equal Pay Act, according to the Illinois Department of Labor, “prohibits employers with four or more employees from paying unequal wages to men and women for doing the same or substantially similar work.” The only provision to the law is if the wage difference is based upon a merit, seniority system, or a system measuring earnings by factors other than gender. Any employers found to be in violation of this law are not only responsible to make up the wage difference, but are also subject to civil fines and the payment of legal costs. The law was passed in 2003 and went into effect on January 1, 2004.
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