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Recent Blog Posts
Defending Against Alleged Fair Labor Standards Act Violations in Illinois
The Fair Labor Standards Act (FLSA) of 1938 is a United States labor law that gives workers the right to a minimum wage, as well as overtime pay when employees work more than 40 hours a week. It also prohibits employment of minors in “oppressive child labor.” When a company violates any of the FLSA regulations, employees can file a lawsuit against their employer. These violations can include wage and hour violations, such as unpaid overtime and wages that fall below minimum wage.
Even when business owners unintentionally violate the terms of FLSA, it is important they understand how to prepare for litigation to maintain their company’s good standing. If you are an Illinois business owner who is facing such allegations, an experienced attorney can help protect your business.
Which Business Entity Is Best for My Illinois Company?
Starting your own business and becoming your own boss can be a dream come true for many people. Bringing your talent and creativity to fruition may allow you flexibility and financial security at the same time. As an Illinois business owner, you have several options regarding what type of company you would like to form. Important considerations include ownership, taxation, and management. Although you may have a vision of how you want your business to run, you may not be sure which business entity is the best choice. Before making this crucial decision, consult an experienced business attorney for advice on the best path for your business.
Business Structures to Fit Your Goals
Running your own business offers many perks and can enhance your work-life balance. However, building a company from the ground up can be a daunting task, with many critical factors to consider before the doors can open for business. There are four main business entities that entrepreneurs may consider, as described below:
Are Remote Workers Still Entitled to Overtime Pay in Illinois?
A typical workweek for employees in the United States consists of 40 hours. However, many workers actually spend more time performing their jobs. For jobs that are paid on an hourly basis, anything over 40 hours is usually considered overtime. Although many salaried (exempt) workers work 50-60 hours a week, they may not be eligible for overtime pay depending on their company or employment contract. The Illinois Overtime law (called the Illinois Minimum Wage Law) mirrors the Federal Fair Labor Standards Act (FLSA) in many ways. Similar to the FLSA, the Illinois overtime law requires that non-exempt employees receive overtime pay equal to 1.5 times their regular hourly pay for any hours worked over 40 in a week. With so many employees working remotely now in response to the COVID-19 health crisis, it may be difficult to track employees’ hours regarding overtime if they are working from home.
6 Common Reasons for a Contract Dispute
A contract is defined as a legally binding agreement that recognizes and governs the rights and duties of those involved, whether it be two or more parties. An agreement typically involves the exchange of goods, services, money, or the promise of doing so later on. In today’s business world, contract disputes are fairly common, regardless of the industry. When an agreement is drafted and signed, this binds the parties together for a period of time. However, when one party deviates from the terms of the agreement, this is known as a breach of contract. Employees usually have to sign a contract before starting work with a company. This can also apply to freelancers or independent contractors.
Who Is Eligible for an IL Small Business Emergency Loan?
The global pandemic of COVID-19 is on everyone’s minds these days. Millions of confirmed cases have been reported, and tens of thousands of people have died in the United States due to complications from the virus. Health and government officials continue to monitor the situation very closely. In countries throughout the world, non-essential businesses and schools have been temporarily closed in an effort to stop the spread of coronavirus. Illinois Governor J.B. Pritzker issued a “stay at home” order through April 30. For those small business owners and employers who are struggling to maintain their livelihoods, there is some relief in the form of financial assistance. The Illinois Department of Commerce & Economic Opportunity (DCEO) and the Illinois Department of Financial and Professional Regulation (IDFPR) established the Illinois Small Business Emergency Loan Fund to provide small businesses with the opportunity to apply for loans up to $50,000 at a low-interest rate.
Illinois Governor Files Emergency Rules for Paid Sick Leave for Coronavirus
COVID-19, or coronavirus 2019, is a respiratory illness that can spread from animal to person or person to person. The virus was first identified during an outbreak in Wuhan, China. Currently, health officials are working on a vaccine for it, but that may take up to a year before it is approved. There is no doubt the virus has had a significant impact on people’s lives since it was declared a global pandemic by the World Health Organization (WHO). Here in Illinois, Governor Pritzker said he is filing emergency rules that will allow those who cannot work because they are sick with coronavirus to collect unemployment insurance benefits to the full extent permitted by federal law. This would mean employers are required to pay workers who go on sick leave due to coronavirus.
What Is the Illinois Workplace Transparency Act?
Several changes to Illinois laws went into effect on January 1, 2020. This legislation affected many different areas of the criminal justice system, including employment law. Employers are required to follow certain rules and uphold standards in order to maintain a good business standing. Companies are regulated by the Fair Labor Standards Act (FLSA), which was passed in 1938 to improve workplace conditions. Since that time, there has been a much greater focus on sexual harassment prevention in the workplace. Signed into law by Governor J.B. Pritzker in 2019, the Workplace Transparency Act (WTA) was enacted at the first of the year and is intended to prevent workplace discrimination and harassment while providing greater protections for Illinois employees. Depending on the circumstances, some employers may need to revise certain policies, training, and reporting as they relate to their employees in order to comply with the WTA.
What Are the Consequences of Inadequate Record Keeping for Employers?
Owning your own business and being your own boss can be very rewarding, regardless of the field of work. In the United States, there are certain rules and regulations that control how a company should operate, and these guidelines may be different depending on the industry. All companies that operate under the Fair Labor Standards Act are required to keep specific records for a designated period of time for covered, non-exempt employees. Essential documentation may include an employee’s contact information, salary, work hours, and job duties. Record keeping might seem like a basic task, but if it is not done properly, this can lead to significant consequences. An experienced employment law attorney can help a business owner avoid any civil or criminal actions that they could face.
What Are the Advantages of Hiring Independent Contractors in Illinois?
Depending on the industry or field of work, companies may hire employees or independent contractors (often called freelancers) or even a combination of both. Although either type of worker may perform similar job duties, it is important to understand the distinction between them as an employer. The federal Fair Labor Standards Act (FLSA) considers several factors to determine whether a worker is designated as an employee or an independent contractor. Some of the main differences between these types of workers include how they are paid, taxes, and insurance benefits. Every business is unique, and what works for one company may not work for another. If you are an Illinois business owner, it is imperative that you understand the laws and how they relate to your employees. In some situations, utilizing independent contractors may benefit your business in the long run.
Three Major Illinois Wage Laws That All Employers Should Be Aware Of
In the state of Illinois and throughout the United States, there are certain protections that are guaranteed to employees. Illinois has specific laws that apply to most employees regarding wages and payment. In addition, the federal government has laws that offer further protections to employees’ wages and workers’ rights to fairness in the workplace. Though not all employers are required to comply, the vast majority of employers are expected to adhere to these rules. If an employee feels as if they are not being treated fairly in regards to wages, they have the right to file a complaint with the state and/or federal government. This can spell trouble for companies, as they could face serious consequences if they are found to have knowingly violated employment laws. Here are a few Illinois wage laws that all employers should be familiar with to avoid such legal ramifications:
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