Articles Posted in Wage Protections

by
1-300x251

Chicago Paid Leave Ordinance

Employers physically located within the City of Chicago need to be ready as of July 1 to implement the new Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, which stipulates that covered employees can earn up to 40 hours of paid sick leave and 40 hours of other paid leave usable for any reasons per 12-month accrual period.

Covered employees are those who work at least 80 hours within a 120 day period. Immigration status is irrelevant. The benefit year can be defined the same for all employees or entirely individually, and can be tied to the calendar year, fiscal year, tax year, contract year or anniversary date of employment.

Continue reading

by

As coronavirus puts workplaces and indeed whole states including Illinois into “shelter in place” mode, employers need to respond quickly and sensitively to a host of health-related issues that no one anticipated dealing with as recently as a few weeks ago.

Emploment Issues in the COVID-19 Pandemic

COVID-19 Pandemic and Employment Issues

These questions apply less directly to the many employees who are able to work from home during the crisis, but those whose employers remain open and who need to be on site to do their jobs will have to strike a delicate balance with their employers between safety, and performance of one’s job duties (and continuing to get paid).

Continue reading

by
New Employment Issues

Employment Discrimination issues explained by George Bellas Chicago Business Lawyer

The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all other places that are open to the general public.[1]   When it comes to employment, the ADA provides that employers covered by the statute may not discriminate against “qualified individuals” with a disability with respect to employment matters.[2]  The ADA defines such individuals as applicants or employees who, with or without reasonable accommodation, can perform the essential functions of the job.[3]    Thus, the most contested issue becomes the question of whether or not the employee has a disability, as that term is defined by the Act.

One type of claimed disability that is increasingly the subject of litigation is obesity.  Although courts initially were reluctant to recognize obesity as a qualifying disability for purposes of the ADA protections, courts are increasingly willing to consider obesity as a disability giving plaintiffs status to raise ADA claims.

Continue reading

by

Generally speaking, illegal immigrants have the same protections under labor laws as American citizens, with some minor exceptions.

Minimum Wage Laws:  addition to federal laws, each state has its own minimum wage requirements; where federal and state laws differ, the higher wage applies.  Minimum wage laws apply to all workers the same, regardless of immigration status. Minimum wages in the U.S. are primarily set forth by the federal government, under the Fair Labor Standards Act (“FLSA”).  But virtually every state has its own minimum wage law as well.  Though the federal law trumps the state law, if state law mandates greater benefits, the employer must pay the higher rate.

Importantly, the FLSA makes no exception for illegal immigrants.  They’re therefore entitled the same benefits as American citizens.   Currently, the FLSA minimum wage is $7.25 per hour for non-exempt employees, and the New York minimum is the same. The minimum under Illinois law is $8.25.

Continue reading

by

Can Student Loans Ever Be Discharged?

Yes, and there’s a new tool to help bankruptcy lawyers deter29905732 mine whether clients qualify

Contrary to common perception, not all student loans can be wiped out in bankruptcy court. Although the Bankruptcy Code does protect federal loans and some private loans from discharge, student loans can be discharged if the debtor can prove an “undue hardship,” which usually means you’re living in poverty and not likely to escape any time soon.

Continue reading

by

Are Employee Non-Compete Agreements Still Valid for Low-Level Employees? Non-Compete-Clause-e1417451038467-300x171

Non-compete arguments are staple in every Chicago Business Lawyer’s legal arsenal and a necessary to protect a business under certain circumstances.  A non-compete agreement, also known as a non-competition covenant or clause, is an agreement between an employer and an employee that places restrictions on the employee after the employment relationship ends.  Non-compete agreements can be useful tools for businesses that want to protect their investment in the training and development of their staff.  Typically, these agreements restrict former employees from working for certain competitors for a specified period of time.  Although Illinois courts tend to dislike non-competes, courts will enforce a non-compete agreement if drafted property.

When considering the enforceability of non-compete agreements, Illinois courts look to see if the agreement is reasonable and supported by adequate consideration.  In particular, when determining the reasonableness of a non-compete, the court considers whether the terms of the agreement are no more than what is required to protect the legitimate business interest of the employer, and narrowly tailored in terms of time, activity and place.

Continue reading

by

CAUTION! WATCH OUT FOR THESE WAGE-AND-HOUR PITFALLSmoneycalculator-300x201

The U.S. Department of Labor has been cracking down on wage and hour infractions, and it may be time to review your overtime procedures and policies–it is all too easy to violate wage and hour regulations unwittingly.

Sometimes DOL complaints seem trivial. We lawyers have a saying–the “de minims” rule, which says “some things are too trivial to merit consideration.”

Continue reading

by

Aerial-fall-Lincolnpark-300x158Blockchain and Chicago Businesses

In September of 2015, the Global Agenda Council on the Future of Software and Society’s World Economic Forum[1] predicted that by 2025, 10% of GDP will be stored on blockchains or blockchain related technology.  If you are a Chicago business owner and you are unsure what that means or how it might affect your company, you want to speak to a Chicago business attorney as soon as possible to learn all that you can about this rapidly growing technology.

What Is Blockchain Technology?

Continue reading

by

dental officeDentists face new problems with overtime for their employees.  The Fair Labor Standards Act[1] (FLSA) sets forth standards for both minimum wages and overtime pay as well as record keeping for businesses.  Whether your dental practice consists of two employees or a hundred employees spread across three office locations, federal law requires that all dental offices comply with FLSA overtime regulations by December 1, 2016.

Exempt Versus Non-Exempt Employees

In order to determine if you are in compliance with FLSA regulations, the first step is to review which employees are designated as exempt, and not owed overtime wages, versus non-exempt. FLSA rules establish three types of exempt employees[2] which are defined by an individual’s employment description rather than their job title including:

Continue reading

by

caregiver3     Implementation of the new rules extending the minimum wage protections to home care employees have been delayed.  Comprised of about two million workers nationwide, this low wage labor group remains marginalized and disenfranchised even as the national debate over fair wage compensation heats up.

As is the case with undocumented labors these “companionship services” workers perform the jobs that few Americans are willing to do.  These are the people who execute invisible and often unpalatable tasks for the home bound, including bathing, transferring, toilet assistance, meal preparation and help eating, toilet assistance and sometime housecleaning.  In most cases, the job requires attention to the personal and private needs of the elderly and infirm.

According to the original rules – which are essentially unchanged since 1975 –  companionship workers were “exempted” from anything like fair labor protections under the Fair Labor Standards Act (FLSA).  As applied by the FLSA in this case, “exempted” is an ironic term that normally means one is excused from something undesirable.  Up until the rule change in the fall of 2013, companionship workers were not covered by the Federal minimum wage laws and not required to be paid overtime after 40 hours. This is understandable to a large degree, because the original exemption was intended to cover so called “elder sitters” whose primary function really was to provide companionship. A lot has changed in the health care business since then, and courts have generally interpreted the definition of companionship workers broadly. That means even more workers were exempted from wage protections over the years.

Continue reading