2019 Illinois Labor Law Update
December 27, 2018
Compiled by our Attorney Brittany Nicholls, the following are new labor laws in Illinois and how you can best prepare for them. These are effective January 1, 2019 unless noted:
Minimum Wage Round-Up
December 06, 2018
Do you have employees who are paid the minimum wage? Do you have tipped employees? Do you employ workers in more than one state? Do you make wage deductions, pay on a per job basis, or pay a salary to nonexempt employees, and have to ensure that your employees’ wages do not fall below the minimum wage for hours worked? No matter where you are located, what your industry is, or how many workers you employ, you need up-to-the-minute wage and hour information to comply with federal, state, and local laws and avoid costly lawsuits and intrusive, time-consuming investigations by wage compliance agencies.
How Safe is Your Company
December 03, 2018
According to the Hiscox Guide to Employee Lawsuits, U.S. employers face a 10.5% chance of an employee lawsuit in 2016. While you think your business might be safe with only a 10.5% chance at an employee lawsuit, the cost of one of these lawsuits can truly harm a business. The average cost of an employee lawsuit is $160,000! These employment claims can come from a number of areas, including:
Holiday Parties- What Employers Need to Know
November 29, 2018
It’s the most wonderful time of the year...except for HR departments who are unprepared to navigate the minefield of issues surrounding holiday parties and celebrations. While your company may be dreaming of an inclusive, tasteful acknowledgement of the winter holidays, you could wind up facing sexual harassment, religious discrimination, workers’ compensation, and wage and hour claims without expert advice from legal counsel. Here are some helpful hints for enjoying the holiday season while avoiding potential HR pitfalls:
Austin, TX Paid Sick Leave Ordinance Ruled Unconstitutional
November 28, 2018
On November 16, 2018, the Austin-based 3rd Court of Appeals ruled that Austin's paid sick and safe leave ordinance violates the state constitution. Specifically, the court held that the ordinance is preempted by the Texas Minimum Wage Act.
Terminating Before you Investigate
November 19, 2018
Social media: every employer’s double-edged sword. Facebook, Instagram, and Twitter allow you to reach millions of potential customers and clients with one click. But when negative feedback about an employee shows up in your mentions, your first instinct may to be terminate first, ask questions later. Chipotle made that mistake with one of its Minnesota franchises, and is now backtracking on its rash decision.
St. Paul, MN Minimum Wage to Increase to $15 per hour
November 19, 2018
On Wednesday November 14, St. Paul, Minnesota Mayor Melvin Carter signed into law a $15 minimum wage ordinance, which followed a 7-0 vote in favor by the St. Paul City Council. This law will gradually increase wages to $15 per hour over the next 3.5-8.5 years, with the variance dependent on the size of the business, however, contract workers will remain exempt, however tipped employees are not exempt.
What’s Protected under the 1st Amendment?
November 12, 2018
Could this happen to you? As reported by the New York Post, a Memphis employer found itself on the receiving end of a barrage of complaints after one of its employees was captured on social media wearing a racist t-shirt to the polls on Election Day. The employer investigated and decided to terminate the employee. For some, terminating the employee may seem like a foregone conclusion. Others may be wary that terminating the employee may violate the employee’s First Amendment right to free speech. How do you ensure that you comply with the law and protect your business reputation when it comes to your employees’ off duty activity-both on and off social media?
Voting Rights per State
November 05, 2018
Midterm elections are upon us, and employees may be eligible for paid time off from work to vote. More than 20 states require employers to allow paid time off, some with some restrictions, and other states require at least unpaid time off. See the chart below for information on whether you must provide your employees with paid time off to vote, and what other provisions may apply.
Google Walkout
November 02, 2018
On Thursday, November 1, Google employees across the world participated in a walkout in response to the company’s handling of sexual harassment and misconduct claims. Many claim Google has treated female workers inequitably for years, and others are outraged that a Google executive was awarded a $90 million exit package even after the company concluded that a harassment claim against him was credible.
Halloween in the Workplace
October 29, 2018
Halloween can be a spooky time of year; however, managing employee conduct around this fun and frightful holiday does not have to give your human resources department the chills. When enacting your policies and procedures regarding the Halloween holiday, the most important step you can take is to be proactive.
Duluth, MN Paid Sick and Safe Leave
October 12, 2018
On May 29, 2018, the Duluth City Council adopted Ordinance 10571, establishing minimum standards for paid earned sick and safe time in the city. The ordinance will take effect on January 1, 2020, making Duluth the third city in Minnesota to enact a paid sick and safe time law. The new ordinance applies to private employers with five or more employees, regardless of whether employees work in Duluth or whether the employer is physically located in the city.
Politics in the Workplace
October 11, 2018
One of your employees reports a coworker for expressing extreme political views on social media. An employee frequently arrives at work wearing hats and shirts supporting a controversial candidate for office. A notice is posted on your breakroom bulletin board inviting employees to a rally in support of a position on a hot button issue. What should you do? What can you do?
New Background Check Legislation Puts Employers at Risk of Costly Litigation?
October 11, 2018
Employers who rely on third party agencies to perform background checks on applicants and employees must comply with the Fair Credit Reporting Act (FCRA). Among FRCA’s requirements is the obligation to supply applicants and employees who are subject to background checks with the Summary of Your Rights Under the FCRA.
Marijuana Initiatives on the Ballot this November
October 11, 2018
With the election less than a month away, a big issue that employers should take note of, is the recreational marijuana measure that five states will vote on. Currently there are 30 states that have legalized marijuana use to a certain degree, including nine states that have legalized recreational marijuana (Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Vermont and Washington).
Employers Need to Update their FCRA Summary of Rights Form
October 03, 2018
Employers who use outside agencies to conduct background checks must use the new “A summary of your Rights Under the Fair Credit Reporting Act” Form. This was effective on September 21, 2018, and is one of the notices that employers must provide under the Fair Credit Reporting Act.
ACA Penalties Have Increased
September 17, 2018
For 2019, the Affordable Care Act (ACA) employer shared responsibility penalties are set to increase. As a reminder, these penalties apply to any month in which at least one full-time employee of an applicable large employer (ALE) receives a premium tax credit for purchasing coverage through the marketplace and either:
Employee Dress Codes
September 10, 2018
Every employer wants its employees to make a great first impression on clients and customers, promote an atmosphere of respect and professionalism in the workplace, and cultivate a general reputation of strong values and trustworthiness. One way employers approach this goal is to implement a dress code, or policy regarding dress and grooming. But employers should be aware of the pitfalls and practicality of implementing these types of policies.
We are Pleased to Announce an Exciting new Partnership with SyncStream Solutions
August 28, 2018
We are pleased to announce an exciting new partnership between SyncStream Solutions and myHRcounsel™! With all of the changes in Washington politics in the last couple of years, the Affordable Care Act (ACA), also known as Obamacare, remains the law of the land and applicable large employers are still required to comply with its mandate to offer minimum essential coverage to all full-time employees. One of the most confusing and tedious tasks involved in this compliance is the annual IRS filing requirements. Through myHRcounsel’s partnership with SyncStream, we are now providing our clients with the tools to take the stress out of these annual ACA filings. SyncStream’s comprehensive ACA Dashboard is a cloud-based tool designed to manage all aspects of ACA reporting and compliance including:
Per Diem Overview
August 28, 2018
Do you wonder about the ways to cover expenses for employees who travel? One method is paying per diem. We frequently receive questions on per diem payments and the implications they have for employers and employees.