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Accommodating Employees with Disabilities
Illinois law offers certain protections to employees with disabilities. You likely know that you are required to provide “reasonable accommodations” to employees whose disabilities allow them to perform their basic job duties as long as they have these accommodations. Determining what kinds of accommodations are reasonable can be complicated and is best left to an experienced Schaumburg, IL employment law attorney. There are numerous factors at play, including the size of your company, whether the accommodation is temporary or permanent, and the job performance of the employee in question. Your attorney can also help you begin gathering proof that you have made reasonable efforts to accommodate your employee in case you are accused of discrimination.
Reasonable and Unreasonable Accommodations
Disability accommodations are considered reasonable if they do not inflict undue hardship on the employer. For example, allowing an employee to take ten-minute breaks as needed to take prescription medications, check his blood sugar, or use the restroom will be considered reasonable in almost all circumstances. However, if your employee often works alone managing a storefront, allowing him to spontaneously close the store and leave several hours early a few times a month might not be reasonable, as this would cause you to lose substantial profits.
Minimum Wage and Tipped Employees
Many workers traditionally make most of their income in tips. Servers in restaurants, concierge staff in hotels, valet drivers, and bartenders usually receive tips that far exceed the wages they receive from their employers. Although these workers often see tips as their primary source of income, businesses that employ tipped staff members still have an obligation to pay these workers minimum wage. However, the minimum wage employers must pay tipped staff is different from the minimum wage employers must pay to staff members who do not consistently receive tips. The Fair Labor Standards Act controls how much employers must pay tipped workers per hour. A Schaumburg, IL minimum wage violations attorney can help you ensure that you are meeting your legal obligation to compensate tipped workers.
What is the Minimum Wage for Tipped Employees?
In Illinois, under most circumstances, an employer must pay employees who customarily receive tips at least $8.40 per hour. This equals 60% of the $14.00 per hour minimum wage Illinois has set for adult employees in 2024.
Tips to Avoid Employee Lawsuits as a Small Business Owner
Owning a small business can make for a pleasant work environment. You likely know all of your employees fairly well and are able to develop a stronger bond with your team. Small businesses are often able to keep a more casual workplace than larger corporations. You may not have the need for the kind of detailed policies governing the minutiae of your work practices that a company employing hundreds of people might. However, it is important to maintain certain professional standards in your office or workplace to protect your company against potential lawsuits. Small business owners should consult with an experienced Chicago, IL employment law attorney frequently to minimize the risk of litigation.
Ways to Reduce the Chances of a Lawsuit by an Employee
Tips for minimizing the possibility of being sued for a labor or employment violation by an employee include:
- Make and enforce policies - While you might not feel that you need official policies like a set number of paid sick days if you only have a few workers and have not had a situation where anyone has been out longer than a few days, you should have them. Having uniform policies that apply to all employees equally means that no employee can claim disfavorable treatment due to their membership in a protected class.
Accusations of Wrongful Termination in Illinois
Letting an employee go is never comfortable, even if the employee has committed blatant infractions that require you to terminate him or her. However, that situation can quickly become a legal nightmare if the employee accuses you of wrongful termination. If this has happened to you, contacting an Illinois employment law attorney is important. In the meantime, the following are some steps you can consider.
Respond Promptly and Professionally
You should respond promptly and professionally upon receiving notice of the wrongful termination accusation. Ignoring or dismissing the accusation could exacerbate the situation and damage the company's reputation. Instead, acknowledge the accusation, express willingness to address the concerns, and outline the steps being taken to investigate the matter.
Review Your Employment Agreement and Company Policies
The first step is to thoroughly review the employment agreement if one exists, and company policies to determine whether the termination violated any contractual obligations or company procedures. Understanding the terms under which the employee was hired and any applicable termination policies is essential in assessing the accusation's validity.
New Illinois Paid Leave Law Now in Effect
A 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.
DOL Issues Final Rule on Employee vs. Independent Contractor Status
The 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.
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.
What Protections Does PWFA Provide?
According to national statistics, more than 80 percent of working women will have at least one child during their employment "lifetime." But up until June 27th of this year, protections for pregnant workers were essentially non-existent. The only modifications employers were required to provide pregnant workers under the Pregnancy Discrimination Act (PDA) of 1978 were ones the employer made for other employees who were "similar in their ability or inability to work." This language basically left pregnant workers in many types of careers with no protections, forcing women to choose between their health and their paycheck.
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