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Employers Should Understand the Illinois One Day of Rest in Seven Act
As an employer, it is your responsibility to provide a clean and hazard-free work environment for your employees. One method that has been proven effective in reducing workplace safety concerns is ensuring that workers are not overworked. Requiring employees to work an exorbitant amount of hours without ample rest increases stress, lowers morale, and creates an environment prone to mistakes and injuries. It is in the best interest of the employee, the client, and even yourself to abide by the Illinois One Day of Rest in Seven Act (ODRISA). Doing so can also help avoid any disputes related to overtime pay.
More Than Just a Rest Day
As the name of the act implies, within a seven-day workweek, there must be one full 24-hour rest day. The term “week” refers to seven consecutive 24-hour days beginning at 12:01 AM on Sunday morning and ending at midnight the following Saturday night. The rest day should coincide with the employee’s traditional day of chosen religious worship. The legislation also requires a mandatory unpaid 20-minute meal break for every seven and a half hour shift, which must be given within the first five hours of work. If your employee is a hotel room attendant in Cook County, they receive one 30-minute meal break for a seven-hour shift in addition to two 15-minute rest breaks.
Meeting the Compliance Requirements for Fluctuating Workweek Pay
Wage and hour disputes remain a continuous thorn in the side of many employers. According to the Fair Labor Standards Act (FLSA), there are two methods federally approved to determine a salaried employee’s “regular rate” of overtime pay. Aside from exempt salaried employees, employers must choose to pay either a fixed or fluctuating workweek salary, with additional caveats for any hours worked over 40 hours. Employers should select their option based on the needs of the company as well as the laws in their state.
What Is the Difference?
Under the traditional fixed salary workweek method, an employee works the same amount of hours and earns the same paycheck every pay period, as well as “time-and-a-half” -- 1.5 times the normal hourly rate -- for all hours worked over 40 in the workweek. Alternatively, under the fluctuating workweek (FWW) method, an employee earns the same rate of pay regardless of hours worked.
Avoiding Mistakes When Using Independent Contractors
Independent contractors play an important role in many companies. Especially in smaller workplaces in an unstable economy, business owners often choose to hire an independent contractor rather than add another employee to the payroll. This decision is beneficial if appropriately implemented. However, employers should be aware of the common, costly mistakes that can occur in these situations.
Why Hire an Independent Contractor
As a business owner, think about how long it took you to put your team together. The hiring process alone takes an ample amount of time to narrow down the candidates, ensuring you have the right one for your position. Then, consider the days, weeks, or even months of onboard training needed to prepare that employee to be useful in their job. However, that employee may not remain with the company for the hoped duration. Perhaps there is conflict in the workplace, they find another job, or some personal family struggle requires them to step away from their position.
Illinois Business Requirements For Overtime Pay
Occasionally, companies need their associates to work more hours than usual. For example, during holidays and other peak shopping seasons, retailers experience a boost in sales volume, and the demand for more employees on the sales floor increases. Rather than hire a new “seasonal” employee to work less than 10 hours per week on a temporary basis, many employers offer these additional hours to their current employees. Employees happily accept the longer work days, because it puts more money in their pocket, and the employee is often eligible for the added bonus of overtime pay. However, when paychecks arrive on payday, many employees find that their paycheck was smaller than expected, and this is not necessarily the fault of the employer.
What Are the Overtime Pay Requirements?
Wage Laws and Violations in Illinois
In Illinois, the minimum wage requirement is $8.25 per hour for all employees who are aged 18 years and older, and employees under the age of 18 can be paid $0.50 less than regular minimum wage. In most workplace situations, Illinois employees adhere to the minimum wage laws. However, there have been employers who have violated the minimum wage laws, and may have faced serious consequences. To effectively handle a business and its employees, there are many requirements that the employer must meet to avoid liabilities and lost money.
Wage Requirements
Depending on the employer, new employees and employees under 18 years old may be paid up to 50 cents less per hour. New employees have served their first 90 days of employment. Employees who work for tips may be paid 60 percent of the hourly minimum wage, which is $8.25 per hour in the State of Illinois. Overtime must also be paid at time and one half of the regular rate, after 40 hours of work during the week.
What to Consider When Planning to Fire an Employee
Everyone wants to know that they are valued in the workplace. Unfortunately, there are several situations when an employee is asked to leave permanently, whether that is for poor performance, missing too many days at work, restructuring in the company, or for other reasons. When making the decision to fire someone, there are many questions that the employer may want to consider. For example, the employer may need a burden of proof, showing that their actions did not violate the Fair Labor Standards Act.
What Type of Employment State is Illinois?
Illinois is considered an “employment at-will state.” This means that, at any time, an employer or employee may terminate employment with no known reason or cause. Even though the employer may freely terminate employment at any time, the reason cannot legally regarding race, religion, sex, nationality, or unfavorable military discharge.
Requirements for Starting a New Business in Illinois
It is always an exciting feeling to see your dream business come to life. After months or even years of planning and preparation, you may be ready to launch your new enterprise. But hold on! Your preparatory work is not yet finished. Many requirements must be met before your business can begin operating. Potential business owners must have an idea of how much cash flow they will receive, and they must provide insurance to employees who have been injured or terminated, among other requirements.
Creating a Business Plan
Before you can move forward with your potential business, you will need to create a business plan to outline your ideas on how you and your business will be successful. To write an effective business plan, you will need to outline the following:
- A summary and description of what type of business you are planning to operate;
What Every Business Owner Should Know About the New Federal Overtime Law
Employers are required to follow both local and federal employment laws, which means both should be considered when determining how to handle matters like employee benefits, pay, salary, or overtime. Specifically, there is a new federal law that employers should be aware of, particularly if they have lower salary employees. Learn more about this new law and how it could affect your business, and discover how an experienced employment law attorney can help get (or keep) your small business on track.
Low Salary Employees Now Paid Overtime
Known as the Fair Labor Standards Act, the new law is supposed to address the “eroding” 40-hour workweek and the millions of employees who are not compensated for their extra time. More specifically, the new law states that salaried employees who earn $47,500 or less are to be compensated for any overtime hours that they work. In addition, the threshold is expected to raise, yet again, by January 1, 2020 (to $51,000), and increase every three years thereafter.
Required Rest Periods for Illinois Employees
Every state has their own laws regarding rest periods and meal breaks for its workers; Illinois is no exception. Unfortunately, small and new business owners may not be aware of these requirements. Learn more about mandatory rest breaks for employees, including what potential actions you could face for noncompliance, with help from the following information.
Rest Break Requirements
Many states have mandated rest breaks for their employees, but Illinois is not one of them. Keep in mind that rest breaks are different from meal periods; rest periods generally last only 10 to 15 minutes (depending on state law and employer preference). Meal periods are longer, and they are required under Illinois state law.
Meal Period Requirements
Under Illinois state law, employers must provide any employee that works at least 7.5 hours in a shift with a meal break. It must last at least 20 minutes, and it must be provided to the employee before their fifth hour of work. Failure to provide this meal break could result in numerous consequences, including fines and lawsuits.
Is an Independent Contractor the Right Hiring Choice for Your Growing Business?
Watching your company go from a little-known business to booming can be exciting. It can also be a little anxiety-inducing. You need someone to help you fill orders, stock product, or make deliveries. Or maybe you need someone to set up a website or manage your social media page. Unfortunately, you may not be able to hire an employee just yet. Perhaps you cannot afford to pay someone for regular, part-time hours, or maybe you are not set up yet for income tax withholding. Whatever the situation, an independent contractor could be the answer. How can you tell? The following information may help.
What is an Independent Contractor?
In its simplest definition, an independent contractor is someone that works for themselves, not your company. You are not responsible for paying their taxes, you do not have to provide health insurance or carry workers’ compensation to cover them, and you are not liable for their actions while they are working (note that there may be exceptions here). You simply pay them for the work they have done and, if necessary and desired, continue to do so. Then, come tax time, you file the appropriate form to show that you paid a contractor for work.
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