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Understanding Illinois Class Action Employment Lawsuits
Employment law is complex and can include many different types of lawsuits, including class action and collective action lawsuits. A class action lawsuit is a single lawsuit that is taken to court to represent a group of employees who have all experienced the same alleged actions taken by the employer. A class action lawsuit is typically used when it would be impractical to take each individual case to court. Instead, an attorney or a group of attorneys is used to represent all employees who are involved in the lawsuit. Protecting yourself as a business is extremely important if you find yourself the target of a class action employment lawsuit.
What Is the Difference Between a Class Action and Collective Action Lawsuit?
These two types of lawsuits are similar to each other, though they do differ in a few ways. In a class action lawsuit, one employee can file a lawsuit for everyone who works for the same company. Once the court grants permission for the case to proceed, all of the employees included in the lawsuit will be notified of their ability to “opt-out” or not participate in the lawsuit.
New Workplace Laws to Take Effect in Illinois in 2020
Since the Industrial Revolution that took place between the late 18th century and the mid 19th century, the United States has seen an emphasis placed on improving the lives of workers. There are numerous state and federal laws that have been enacted to protect the rights of employees, including laws about worker safety, wage and work hour standards, discrimination policies, and other things that restrict what employers can and cannot do. Like any other laws, workplace laws are always evolving. A recent public act that was signed into law in Illinois will add new employment laws and amend some that already exist.
Workplace Transparency Act
The Workplace Transparency Act was signed into law by the governor this past August. The new law will apply to all contracts, waivers, agreements, or clauses entered into after January 1, 2020 concerning sexual harassment violations or any other Title VII or human rights violations. Employees will be prohibited from unilaterally requiring arbitration (a form of alternative dispute resolution) for claims that arise from violations of any law that is enforced by the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights.
What Situations Qualify Your Illinois Employees For Leave Under FMLA?
Trying to balance work and family life can be a challenge for anyone, but when an employee’s family member is sick or there is a birth in the family, it can be even more daunting. The Family and Medical Leave Act (FMLA) was created to mitigate some of the stresses that come with certain life circumstances. There are caveats to the FMLA, however. For example, in the private sector, the FMLA only applies to employers who have 50 or more employees. Employees must have worked for the employer for at least 12 months and have worked a minimum of 1,250 hours for that employee to be covered by the FMLA. Only specific scenarios are covered by the FMLA, and as an employer, it is important you are aware of these situations.
Birth of a Child
When an employee has a child, he or she is eligible to take leave to bond with and care for that child, no matter if the worker is the mother or the father. However, the employee must take his or her leave within 12 months after the child is born. This type of leave must be taken as a block of time (consecutive days or months) unless you as the employer agree to intermittent leave.
What Employers Should Know About Workplace Discrimination
In the United States, several measures have been put in place in an effort to prevent discrimination of any kind in the workplace. Workplace discrimination occurs when an employer treats an employee or prospective employee in a prejudicial manner because of his or her race, religion, gender, sexual orientation, age, or other factors. These prejudices can affect hiring, firing, promotions, salary, benefits, job training, or assignments. If any employee feels like he or she has been discriminated against, he or she has the right to file a complaint and/or a lawsuit against the company, which can result in negative consequences toward the employer.
Types of Discrimination
There are many different aspects that can serve as a basis for discrimination, which is prohibited by law. According to the U.S. Equal Employment Opportunity Commission (EEOC), workplace discrimination can be based on:
What Are the Minimum Wage Laws for Youths in Illinois?
For many young Americans, working at a part-time job is an important milestone of growing up. According to the Bureau of Labor Statistics, there were 20.9 million 16- to 24-year-olds who were employed in July 2018. These youths are working at jobs that range from retail to the food industry, most of which are covered by the Fair Labor Standards Act (FLSA). Among other things, the FLSA established a minimum wage rule which states that employers may not pay employees less than the current federal minimum wage. In 1996, the FLSA was amended to allow employers to pay employed youths less than the normal minimum wage, but when doing so, employers must follow certain rules.
Federal Minimum Wage Laws
The FLSA states that no employer is permitted to pay its employees less than $7.25 per hour, except if that employee is considered to be a “youth.” According to the FLSA, an employer may pay a person who is under the age of 20 a lower wage for a specific, yet limited period of time. An employer may pay a minimum wage of $4.25 per hour for the first 90 consecutive calendar days of that youth’s employment. After 90 days, the employer is required to pay the youth the same minimum wage as everyone else, $7.25 per hour, unless a state or local law states otherwise.
Are You Required to Accommodate Nursing Mothers in Your Illinois Workplace?
Today, there are more mothers in the workforce than ever before. According to the latest statistics from the U.S. Department of Labor, approximately 70 percent of all mothers with children under the age of 18 participated in the workforce in 2013, compared with only 47 percent in 1975. Typically, the older the children are, the more likely the mother is to have a job, because taking care of a young child is much more involved than taking care of a school-aged child. One of the issues that working mothers of young children face is breastfeeding. Prior to 2010, working mothers who nursed their children did not have many (if any) protections for expressing their breast milk during work hours. Now, employers must follow certain rules set by the Fair Labor Standards Act (FLSA) concerning nursing mothers in the workplace.
Common Problems in the Retail Industry Under the Fair Labor Standards Act
According to the Bureau of Labor Statistics, there are currently an estimated 16.6 million retail workers over the age of 16 in the United States. Jobs in the retail industry are popular among younger Americans such as high school and college students because of the flexible hours and minimum education requirements. Retail establishments can include gas stations, restaurants, department stores, and much more. Retail employees are covered by the Fair Labor Standards Act (FLSA) as long as the establishment has an annual sales volume of at least $500,000, or if employees are engaged in interstate commerce activities.
As an employer, it is important that you avoid FLSA violations to achieve full compliance.
Hours Worked Violations
Employers are required by law to pay for all hours worked by employees. Sometimes retail establishments will only allow workers to be “on the clock” if there is a need for them. If they are scheduled to work, but there is no demand for more staff, the employee will often be told they are not needed. Unless an employer immediately informs an employee of this, fully relieves them of duty, and gives them a specific time to check in, the time between their scheduled shift and the check-in time does not have to be counted as work time. If the employee is not given a specific time that is long enough to use for their own benefit, all of the waiting time should be counted as hours worked.
Intern or Employee? Fair Labor Standards Act Compliance
For many high school and college students, unpaid internships are almost a necessity. According to a survey conducted by the National Association of Colleges and Employers, around 61 percent of graduating college seniors had an internship, although nearly half of all internships in the United States were unpaid. Unpaid internships are highly contentious among some because many involve students doing work that actual employees would do. In 2018, the U.S. Department of Labor gave unpaid internships its blessing, with a few requirements. Business owners should be aware of these requirements to avoid violating the Fair Labor Standards Act (FLSA).
The Primary Beneficiary Test
The primary beneficiary test is used by courts to help determine whether an intern or student is actually an employee who must be compensated for their work. The following seven factors are the criteria that courts use to make the determination:
Family and Medical Leave Act Eligibility and Compliance
Sometimes there are situations in which an employee is unable to work because of personal health issues or those of a family member. Many people worry that taking extensive time off from work will cause them to lose their job or face repercussions when they get back to work. Fortunately, the United States government has enacted what is called the Family and Medical Leave Act (FMLA). This act helps millions of Americans get the time off they need without having to worry about unfair treatment from their employers.
What is the Family and Medical Leave Act?
Enacted in 1993, the Family and Medical Leave Act allows certain employees of covered employers to take unpaid leave for specific family and medical reasons. Under the FMLA, it is illegal for employers to retaliate or to demote a person for taking leave covered under the act. Under certain situations, employers are permitted to require their employees to use accrued paid leave, such as sick leave or vacation.
Complying With Employee Recordkeeping Requirements
Being a business owner can be extremely rewarding and stressful at the same time. You have the benefit of knowing you are running a successful company, but with owning a business comes numerous responsibilities. One of the things you must pay attention to when you own a business is how you keep records, specifically, your employees' records. There are numerous laws and regulations you must follow when you own a business, and there are laws about employee recordkeeping. It is important you comply with these regulations so you do not find yourself in trouble with the government.
Maintaining Personnel Files
A personnel file is one maintained for every employee’s personal information. Items that should be kept and updated in a personnel file include:
- Employee’s name and personal information;
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