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Recent Blog Posts
When Do Employers Need to Provide Accommodations to Disabled Employees?
When it comes to workplace accommodations for disabled employees, there are a few things that employers need to know. Accommodations must be provided in order for disabled employees to have equal opportunities in the workplace and access to the same benefits as their non-disabled colleagues. It is important for employers to understand when they are legally required to provide accommodations so that they can ensure their business is compliant with federal and state laws. Employers who fail to meet these requirements could potentially face discrimination lawsuits from employees, and in these situations, they will have a burden of proof to show that they have complied with the applicable laws.
When Do Employers Need To Provide Accommodations?
Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations for qualified individuals with disabilities in order to allow them to perform essential job functions. Under the ADA, a disability may include any physical or mental impairment that has substantially limited an employee's ability to complete tasks or participate in regular activities in the workplace or in their personal life. Disabled employees may request reasonable accommodations, and employers are generally required to address these needs as best as possible unless doing so would create an undue hardship on the business. Undue hardship may involve significant difficulties that affect other employees or limit the employer's ability to do business, as well as unreasonable expenses that exceed the employer's financial resources.
Can Employers Face Penalties for Interfering With Employee Rights?
Employers have a legal obligation to ensure that their employees are treated fairly and with respect. Violating the rights of employees can result in stiff penalties from government entities, including fines, the requirement to pay monetary damages to employees or former employees, or even potential jail time in certain situations. It is important for employers to understand the types of activities that are prohibited and the potential consequences that they may face if they violate the rights of their employees. Employers will also need to understand the burden of proof that will apply if they are accused of committing these types of violations.
Employee Rights and Protected Employee Activities
There are multiple federal and state laws that apply to the relationships between employers and employees, including the National Labor Relations Act (NLRA), the Whistleblower Protection Act (WPA), and equal employment opportunity (EEO) laws. Under these laws, employers may be penalized for engaging in activities such as:
What Are the Consequences of Misclassifying Employees in Illinois?
Employers may hire multiple different types of workers, but they will need to be sure these workers are classified correctly. Inaccurate worker classification—which labels someone an independent contractor when they should be classified as an employee—can result in significant penalties that could have an impact on a business's bottom line. By understanding the potential penalties, employers can ensure that they take the necessary steps to classify workers correctly.
Classifying Workers as Employees or Independent Contractors
Employees work directly for an employer, and they are entitled to certain benefits, including coverage by workers' compensation insurance, the ability to collect unemployment benefits, the right to receive minimum wage and overtime pay, and the ability to receive benefits such as health insurance through an employer. Independent contractors are considered to be self-employed, and most of these benefits will be unavailable to them. To determine how workers should be classified, employers will need to consider rules put in place at both the state and federal level. These include:
When Can Illinois Employers Classify Employees as Exempt?
Every employer needs to understand the laws and regulations surrounding employee classification. The Fair Labor Standards Act (FLSA) outlines the rules for classifying employees as exempt or non-exempt. In Illinois, employers need to be aware of certain rules when it comes to classifying employees. Understanding the nuances between the different classifications can help protect a business from liability down the line.
Understanding the Difference Between Exempt and Non-Exempt Employees
The federal Fair Labor Standards Act establishes criteria for employers to use when determining whether an employee should be classified as exempt or non-exempt. The FLSA also sets minimum wage and overtime pay requirements for non-exempt employees. Exempt employees are not subject to these requirements, meaning that their wages are not based on hours worked, but rather on salary level and job duties.
Can Illinois Employers Protect Themselves With Non-Compete Agreements?
There are a number of different types of concerns that can affect employers. Simply managing the day-to-day operations of a business is complex enough, but a variety of complications may arise that could affect a company's ability to continue operating successfully. For many business owners, unfair competition is a significant concern, especially when this competition comes from former employees or others who may have inside information that could give them an advantage in the marketplace.
To protect themselves against these issues, employers may have options, including entering into non-compete agreements with employees or other parties. Non-compete agreements are contracts in which a person agrees not to compete with the employer for a period of time after the employment relationship has ended. Non-compete clauses may be included in employment contracts, severance agreements, or other types of contracts, and they are typically used to protect an employer's business interests, such as customer lists and trade secrets.
Sexual Harassment Training Requirements for Employers in Illinois
Employers in Illinois must meet many ongoing requirements, including keeping records related to workers. These include records of sexual harassment training provided to employees. Employers are required to provide sexual harassment prevention training once per year for all employees. The Illinois Human Rights Act requires this training in order to help prevent and address sexual harassment in the workplace. By ensuring that they meet these requirements, employers can avoid potential penalties or other issues related to record-keeping and compliance with employment laws.
Who Is Required to Receive Sexual Harassment Training?
All employers in Illinois who have at least one employee are required to provide annual sexual harassment training for their employees. This includes all full-time, part-time, and temporary employees. While training is not required for independent contractors, it is recommended if these workers will be working on-site at an employer's business or interacting with other employees or customers. Out-of-state employees must receive training if they will be working in Illinois at any time or if they will be interacting with employees based in Illinois.
What Employers Need to Know About Worker Misclassification
Business owners use a number of different strategies to ensure that their companies can continue to be successful. These strategies include determining the best ways to handle different types of workers. Many full-time and part-time workers will be considered employees, and minimum wage and overtime laws will apply to them. Employees will also be eligible for certain benefits, including workers’ compensation and unemployment. A business owner may also hire freelancers to perform certain types of work, or they may hire contract workers on a temporary or long-term basis.
Since different rules apply to employees and independent contractors, it is important to understand how to properly classify workers. Misclassification of workers may result in penalties, so even if it may seem financially advantageous to treat workers as independent contractors, employers should be sure they are following correct practices when hiring workers as employees.
Wage and Hour Laws That Illinois Employers Need to Know
There are multiple laws that are meant to protect the rights of workers, and employers can face significant penalties if they violate their legal requirements. Wage and hour disputes may occur if employees claim that an employer has not properly paid them for the hours they have worked. These may include disputes related to minimum wage, overtime pay, or requirements related to hourly wages, breaks, or other factors. To avoid potential penalties or costly legal disputes, Illinois employers will need to understand the laws that address these issues.
Illinois Laws Affecting Employee Hours and Wages
Employers in Illinois must meet the following requirements:
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Minimum wage - As of January 1, 2022, the minimum wage in Illinois is $12.00 per hour. For the first 90 days of employment, an employer may pay a training wage of $11.50 per hour.
Protecting Your Illinois Business With a Strong Employee Handbook
If you are like most employers, staffing issues are probably one of your top concerns lately. Hiring and retaining quality staff is a constant struggle for many companies – especially during the “Great Resignation,” in which people are leaving positions in droves.
One of the best things employers can do to increase their workforce's efficiency and protect their company against lawsuits is to draft a robust employee handbook. If you are a business owner and do not yet have an employee handbook, consider working with an employment law attorney to make sure all of your bases are covered.
Avoiding Employment-Related Lawsuits
Drafting a detailed employee handbook and following through with its provisions is one of the best ways for employers to avoid lawsuits. Being sued for discrimination or wrongful termination can be devastating to your company’s reputation as well as your bottom line. A strong employee handbook is the first defense against allegations and lawsuits.
Fighting Against Charges of Workplace Discrimination
Several years ago, the country exploded with the #metoo movement, triggered by accusations of sexual violence and sexual harassment against producer Harvey Weinstein. The movement led to sweeping societal changes, including many states banning nondisclosure agreements that cover sexual harassment. Illinois passed such a law in 2019
Under federal law, every employee has the legal right to work in a safe and discrimination-free workplace. If an employer fails to provide that environment, the company could face significant penalties. If an employee has accused your company of workplace discrimination, contact an Illinois employment law attorney for legal assistance.
What Is Workplace Discrimination?
The Equal Employment Opportunity Commission (EEOC) is the federal agency that is in charge of enforcing the laws that make it illegal to discriminate against an employee or a job applicant. The laws that fall under the EEOC’s jurisdiction apply to work issues such as benefits, firing, hiring, promotions, training, and wages.
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