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Recent Blog Posts
How to Protect Your Company from Employee Lawsuits
If 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.
What Is the Illinois Law That Impacts Temp Worker Wages?
In 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.
New EEOC Guidance on Workplace Harassment
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.
Is Your Company in Compliance with PWFA?
The 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.
Minimum Wage Violations for Tipped Employees in Illinois
As 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.
“Hiring” Independent Contractors Versus Employees: What You Need to Know
As 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.
What Employers Should Know About the One Day Rest In Seven Act (ODRISA)
Worker 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.
When Can Employers Be Penalized for Retaliating Against Employees?
Retaliation 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.
When Can Illinois Employers Face Violations Related to Overtime Pay?
If you are an employer in Illinois, then you are responsible for following the overtime pay regulations set by the Fair Labor Standards Act (FLSA). According to the FLSA, employees must receive overtime pay for all of the hours they work beyond the standard 40-hour workweek. Overtime is usually calculated at a rate of 1.5 times the employee's regular pay. If you fail to comply with overtime regulations, you may face expensive fines and legal action. By understanding the situations that may lead to overtime violations, you can take steps to avoid these issues and protect against potential consequences. Some common issues that can lead to overtime violations include:
Failure to Pay Overtime
One of the most common violations related to overtime pay in Illinois occurs when employers do not pay employees their rightful overtime wages. Under the FLSA, employees are entitled to receive overtime pay of 1.5 times their regular hourly wages for any hours worked beyond 40 hours in a workweek. Employers who fail to pay overtime may face legal charges and can be required to pay back wages, damages, and legal fees.
5 Common Employer Violations of the Fair Labor Standards Act
Navigating the complexities of the Fair Labor Standards Act (FLSA) can be a daunting task for employers, regardless of their industry, size, or experience. However, small business owners may encounter confusion about whether the FLSA applies to them and what requirements they will need to meet. Certain requirements apply to all businesses, while others may apply based on the type of business, the annual sales volume, and the number of employees. Failure to comply with the FLSA can result in significant fines and penalties or potential lawsuits. By understanding some of the most common ways that businesses violate the FLSA, employers can ensure that they remain in compliance to avoid potential pitfalls.
When Does the FLSA Apply to a Business?
In most cases, a business's employees will be covered by the FLSA if the business has annual gross sales of $500,000 or more. In certain industries, the number of people a business employs may also affect coverage. However, regardless of the size of the business, if an employee handles money or goods that are part of "interstate commerce," they will be covered. So, for example, if an employee accepts credit card payments from customers, they will be covered by the FLSA.
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