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Sexual Harassment in the Workplace

Web Admin - Friday, September 18, 2015

sexual harassment in the workplace, Illinois employment law attorneySome of the most damaging and costly issues that develop in the workplace are those related to sexual harassment. When sexual harassment is allowed to occur, it creates an environment that is less productive and opens the possibility for serious lawsuits. It is important for both employers and employees to understand their rights and responsibilities regarding sexual harassment. For employers, it provides a better understanding of what is required and how to prevent harassment. For employees, it serves as guidance for knowing what behavior rises to harassment.  

Harassment in Illinois  

Sexual harassment is prohibited by federal, state, and local law. Under Illinois law, sexual harassment is defined as any sexual advances or requests for sexual favors when they are not welcomed. Additionally, sexual harassment includes any conduct of a sexual nature when:  

1. Submission to such conduct is an implied or express condition of the victim’s employment; 

2. Submission to or rejection of such conduct is used as a basis for employment decisions related to the victim; or 

3. Such conduct substantially interferes with a victim’s work performance or creates an intimidating, hostile, or offensive environment. It is a civil rights violation for a person to engage in sexual harassment. 

Further, an employer is considered responsible for the sexual harassment of employees if the employer is aware of the conduct and does not take reasonable corrective measures. While sexual harassment is usually thought of as being sexual in nature, it does not need to be. Sexual harassment occurs when offensive remarks are made about a person’s gender. For example, a woman is sexually harassed if a person makes offensive comments to her about women generally. Victims and harassers can be either a man or a woman. Further, it is also possible for sexual harassment to occur between a victim and a harasser of the same gender.  

Preventing Harassment  

It is the responsibility of the employer to prevent sexual harassment. One of the ways in which this is accomplished is through the adoption and use of a sexual harassment policy. Ordinarily, this policy is part of the employee handbook that all employees should be given. The sexual harassment policy should contain the following: 

1. Definition of sexual harassment;  

2. A statement that harassment will not be tolerated, with disciplinary action for those who commit it; and 

3. A description of the procedure victims should take to file a complaint. Employers should also provide training and education on sexual harassment to both employees and those in supervisory or managerial roles. This training should explain what sexual harassment is, how complaints should be filed, and how complaints should be investigated and addressed.  

Legal Help for Employers and Employees 

For more information about the laws regarding sexual harassment in the workplace, contact a skilled Illinois employment law attorney today. Whether you are an employer or employee, our firm can help. We proudly serve communities throughout the northwest suburbs, including Deer Park, Inverness, Arlington Heights, Barrington, Buffalo Grove, Rolling Meadows, Des Plaines, Palatine, Schaumburg, and Crystal Lake.

      Ken Apicella

      About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



      Source: 

        http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2266&ChapterID=64&SeqStart=600000&SeqEnd=1200000

Employment Discrimination in Illinois

Web Admin - Thursday, April 30, 2015

employment discrimination in Illinois, Rolling Meadows employment lawyerEmployees are protected from employment discrimination through federal and state laws. While the federal protections are fairly extensive, Illinois state law provides even larger groups of people with protection. Understanding these laws will enable individuals to recognize if they have been discriminated against in relation to employment.

Protected Classes

Through numerous different laws, the federal government prohibits discrimination based on:

  1. 1. Race/Color;

  2. 2. National origin;

  3. 3. Religion;

  4. 4. Sex;

  5. 5. Disability;

  6. 6. Age (for people over 40);

  7. 7. Citizenship status; and

  8. 8. Genetic information

The federal laws provide the minimum protections afforded to individuals. Through its own laws, Illinois provides protection from discrimination based on:

  1. 1. Marital status;

  2. 2. Sexual orientation;

  3. 3. Military status;

  4. 4. Unfavorable military discharge;

  5. 5. Gender identity;

  6. 6. Arrest record; and

  7. 7. Lack of permanent mailing address or using the address of a shelter or social service provider.

The Illinois Department of Human Rights (Department) investigates employment discrimination filed against private employers, state or local government, unions, and employment agencies. A charge of employment discrimination must be filed within 180 days of the alleged discrimination in order to utilize the Department to investigate. Alternatively, an individual can file a claim with the U.S. Equal Employment Opportunity Commission.

The Department will only investigate claims against companies with 15 or more employees, unless:

  1. 1. The charge alleges sexual harassment, retaliation, or physical or mental disability discrimination – in these circumstances only one employee subjects the employer to the anti-discrimination law;

  2. 2. The employer is a public contractor, which is defined as an employer who does business with Illinois or a unit of local government; or

  3. 3. The employer is a unit of state government.

Under the Illinois Human Rights Act, it is a civil rights violation for an “employer to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment on the basis of unlawful discrimination or citizenship status.” It is also unlawful for an employer to impose a restriction that has the effect of prohibiting an employee from using a language to communicate in situations unrelated to the employee’s duties.

Illinois law protects against discrimination based on pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth. Further, the employer must provide reasonable accommodations when requested by an employee for issues related to pregnancy or childbirth unless the employer can demonstrate that providing such accommodations would impose an undue hardship on the ordinary course of the employer’s business.

Can We Help You?

Employees in Illinois are provided with a great deal of protection from employment discrimination by both federal and state law. If you believe you have been discriminated against in relation to employment, you should speak with an experienced Illinois employment law attorney. Drost, Gilbert, Andrew & Apicella, LLC serves clients throughout the northwest suburbs, including Rolling Meadows, Barrington, and Arlington Heights. 

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

How Courts Determine Damages

Web Admin - Friday, February 27, 2015

personal injury damages, Schaumburg personal injury lawyerThe ultimate goal of personal injury law is to make injured victims whole again. In theory, the law would like to allow people who suffer injuries to collect full compensation for all of the physical, economic, and emotional harms that an accident imposes on them. Of course, there are practical difficulties with doing this, such as accurately measuring emotional harms. Still, the fact that full compensation is the goal of the law is helpful for people's understanding of what damages are available to them in personal injury lawsuits.

What Damages Are Available

The law makes a wide variety of damages available to injured parties. Some of the most straightforward ones to understand are special compensatory damages. These are damages related to specific, easily calculated harms that a person suffered as a result of an accident. For instance, in a case arising out of a car accident, a person could receive special compensatory damages from the person who caused the accident to cover their medical bills and the repair bills for their car. The damages can also work based on prospective harms. For instance, if a victim can prove that their injuries prevented them from returning to work or lowered their ability to earn money, then they can also recover for those sorts of losses.

Courts can also award victims general compensatory damages. Rather than being tied to specific, calculable harms, general compensatory damages are supposed to compensate victims for the emotional harms that they suffer. Theoretically, these damages should be related to a person's pain and suffering, but as a practical matter they tend to be related to the special compensatory damages that a jury awards.

Additionally, courts have the option of awarding punitive damages. These damages are a special class of damages that are only given out rarely. Rather than the other types of damages, which focus on ensuring that victims are paid back for the harm they suffered, punitive damages exist to punish the defendant. The idea is that courts may impose these extra damages to punish defendants for particularly heinous conduct.

Comparative Negligence

Once the court calculates the full amount of the damages, there is another step. The court must determine whether the injured victim was at all responsible for the harms that they suffered. Illinois law reduces the amount of money a victim can recover by the amount of responsibility that they bear for the accident. For instance, if a pedestrian is crossing against a light and gets struck by a drunk driver, the court may find them responsible for some amount of their own injuries. Suppose the court decides that the pedestrian was responsible for 10 percent of their harm; here they can only recover 90 percent of their total damages.

Traffic accidents can lead to life changing injuries. Fortunately, the law gives people options for how to handle these situations. If you were injured in a traffic accident and want to learn more about your rights, contact an Illinois personal injury attorney today. Our firm represents victims in many northwest suburban towns, including Schaumburg, Inverness, and Barrington.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Rauner Introduces Right to Work Order

Web Admin - Monday, February 23, 2015

Illinois right to work order, Palatine employment law attorneyBefore being elected governor, Gov. Rauner worked in the private sector, and as a result one of the major focuses of his campaign was making the state's economic climate friendlier to businesses. Although he is proposing a variety of changes such as workers' compensation reform that would likely need the approval of the legislature, he has just taken a small step with a recent executive order. The executive order essentially institutes a version of right to work laws for public sector employees, and some commentators think it may be the governor testing the waters for introducing a more general right to work law.

Right to Work Generally

The purpose of right to work laws is to allow workers to choose whether they want to participate in a union. Currently, workers in companies where they would be represented by unions are allowed not to participate in the union, but they still have union dues deducted from their paychecks. From one angle this makes sense, since even non-union workers get the benefits of the union's existence, such as higher wages and better benefits. Forced collection of union dues prevents people from free-riding on the work of other people who pay for and participate in the union. However, there are many employees for whom the union dues represent a significant cost. Public sector employees who would be affected by the governor's order have hundreds of dollars a year taken from their pay for unions. Right to work lets the employees put that money towards the things that they think are most important.

Rauner's Executive Order

For most people, Governor Rauner's executive order does not change anything. It only implements right to work rules for the public sector employees represented by unions. Workers in the private sector will still be required to pay union dues if they were before. Additionally, the new order is being challenged in the courts as an over-extension of the governor's executive authority. The court has put a stay on the enforcement of the order until its constitutionality is decided.

Although the order does not directly affect most employees, it may be a sign of where the governor may be making changes in the future. In the past, right to work laws have not been a major issue in Illinois because, of the surrounding states, only Iowa had one. However, other states in the area have already passed or are moving to pass right to work legislation. These states include Wisconsin, Indiana, Michigan, Kentucky, and Missouri. This may lead to a stronger push for private sector right to work legislation in Illinois in an effort to prevent businesses from crossing borders into neighboring states.

The field of employment law is constantly changing. If you are worried about whether your business is in compliance with it or you think your rights as an employee are being violated, contact an Illinois employment law attorney today. Our firm serves clients across the northwest suburbs, including in Palatine, Barrington, and Inverness.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Changes to Illinois Wage Payment and Collection Act Regulations

Web Admin - Friday, February 06, 2015

Illinois wage payment, Rolling Meadows employment lawyerLast year, the Illinois Department of Labor (IDOL) made a set of important changes to the regulations it uses to govern the Illinois Wage Payment and Collection Act. Although these changes are substantive and significant, relatively little has been publicized about the changes. Employers should take note of these new employment regulations to ensure that they are in compliance with the IDOL's new positions on various items, as they can have a serious impact on business operations. The new regulations make a variety of substantive changes, some of which are specific and mechanical, while others are broad and may represent new attitudes about enforcement at the IDOL.

The Illinois Wage Payment and Collection Act

The Illinois Wage Payment and Collection Act is a state statute that governs the way that employers are required to pay wages to their employees. These sorts of requirements include things like how often employers must pay their employees, how employers should handle final payments for terminated employees, and how to handle payments for striking workers. As with many laws, they are supported by a set of regulations. Unlike laws, regulations are promulgated by the administrative agencies that are tasked with enforcing the statute. Yet, like laws, regulations still have binding impact on employers, so it is important for employers to keep abreast of changes in the regulations.

The Changed Regulations

The IDOL recently changed the regulations that accompany the Illinois Wage Payment and Collection Act in a variety of different ways. These are just some of the more important changes.

The new regulations include a sweeping definition of an “agreement” between employees and employers. It means “a manifestation of mutual assent on the part of two or more persons.” The definition goes on to discuss the fact that agreements are broader than contracts and things like employee handbooks and past practices can constitute agreements, even over express disclaimers in some circumstances. This means that employers may end up binding themselves to prior wage practices permanently.

The new regulations also change certain notice and recordkeeping requirements. For instance, the regulations now require employers to provide written notice of a person's wage when they are hired and whenever that rate changes, to the extent possible. Additionally, employers must now keep records of the hours all employees work per week, regardless of whether any of the employees are actually subject to overtime requirements.

These are just some of the changes that the IDOL recently made to the Illinois Wage Payment and Collection Act regulations. If you are concerned about your company's compliance or believe that your employer is violating your rights as an employee, contact an Illinois employment law attorney today. Drost, Gilbert, Andrew & Apicella, LLC serves many different clients across the northwest suburban area, including in towns like Rolling Meadows, Buffalo Grove, Arlington Heights, and Deer Park.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

New Law Mandates Reasonable Accommodations for Pregnant Women

Web Admin - Thursday, December 11, 2014

pregnant woman wrongful termination, employee rights lawyerDiscrimination against pregnant women in the workforce has long been a concern, and now the Illinois legislature has passed a new law designed to help give women greater protection. The new law modifies the Illinois Human Rights Act, effective starting next year, to more clearly protect pregnant women's rights. The new rights include the right to reasonable accommodation of their pregnancy by their employers, protection from employment discrimination, and protection from forced leave. The law also grants employers some protection from unreasonable demands, such as the ability to refuse accommodations if such accommodations would place an undue hardship on the business.

New Rights for Pregnant Women

The law includes four new rights for “women affected by pregnancy, childbirth, or medical or common conditions related to childbirth.” The most legally complex of these rights is the right to a reasonable accommodation of their pregnancy. These accommodations are changes to the employee’s duties or their workspace that allow the employee to perform the “essential duties” of the position. The law provides some examples of these reasonable accommodations, which may include things like more frequent bathroom breaks, private space for breastfeeding, or a modified work schedule.

The law also provides another set of more concrete rights to pregnant women. For instance, employers may not force accommodations onto a pregnant woman if she does not want them, a provision that is likely designed to protect women from being forced to modify or reduce their work schedules. Similarly, the law forbids an employer from forcing a pregnant woman to take maternity leave if she chooses not to.

Employer's Rights

The law also includes a new set of rights for employers that relate to the issue of reasonable accommodation. The first right is that employers can claim that the accommodation the woman is asking for would place an undue hardship on the company. The law defines undue hardship as “an action that is prohibitively expensive or disruptive.” It also provides four factors for judges to consider when determining whether something is an undue hardship:

  1. 1. The nature and cost of the accommodations;
  2. 2. The financial resources of the facility providing the accommodation and the accommodation's impact on the company's operations;
  3. 3. The resources and size of the employer; and
  4. 4. The type of work the employer does.

This provides a highly individualized test that depends greatly on both the specific employer and the accommodation requested. The law also provides the employer with the right to request medical documentation supporting the need for the accommodation.

If you believe that your rights under this new act are being violated or if you are an employer concerned about your obligations under the new law, contact a Crystal Lake employment law attorney today. Our firm helps many northwest suburban employees and businesses in towns like Rolling Meadows, Crystal Lake, Arlington Heights, Inverness, Deer Park, Palatine, and Barrington.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Payment for Unauthorized Overtime

Web Admin - Friday, September 19, 2014

payment for unauthorized overtime, Palatine employment law attorneyThe law related to wage and hour violations is a complex legal area that touches virtually every employee. These laws lay out employees' rights with regard to things like when they may be paid, how much they must be paid, and the various overtime rules. The overtime rules are some of the most difficult, and can often lead to violations by employers, either knowingly or simply by virtue of not understanding their full complexity. Regardless of the reason for the violation, employees should be aware of their legal rights so that they can enforce them in case something goes wrong.

One of the most common issues that arises with overtime is the idea of “unauthorized overtime.” Many companies have a policy in place that requires employees to get supervisor permission before they work overtime, because overtime switches them to an increased hourly salary. However, this policy can cause confusion when an employee works unauthorized overtime. Some companies refuse to pay workers extra for unauthorized overtime work, but that refusal is a violation of federal law.

The Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) is the major piece of federal legislation governing things like overtime pay and wage and hour violations. For the purposes of the question about unauthorized overtime, the important section is 203(g), which defines the word employ. A company employs someone when it “suffer[s] or permit[s]” the person to work. Such a broad definition of the word employ means that even if the company has not authorized the overtime hours, they are still allowing the overtime work to happen. The fact that they allowed it at all means that the employee must be paid properly for their time, regardless of any company policy. However, employers are still allowed to take certain steps related to authorizing overtime.

What Employers May Do

Just because employers must pay their workers for unauthorized overtime does not mean that they are not allowed to have a system for approving overtime beforehand. Companies are allowed to decide whether they want their employees working extra time or would rather simply have the project completed at a later date. In fact, companies are even allowed to institute disciplinary procedures related to working overtime without the proper authorization. Yet, even with such procedures in place, if the employee still works overtime, they must be paid accordingly, even if they are also disciplined for violating the company policy related to unauthorized overtime.

Employees who have been the victim of wage and hour violations often feel powerless to stand up to their employers. If you believe that you are owed extra overtime pay, contact a skilled Illinois employment lawyer today. Our dedicated team can help provide you with the backup you need to enforce your legal rights as an employee. We assist clients in Palatine, Des Plaines, Buffalo Grove, and those throughout the suburban Chicagoland area.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Overtime Violations in Restaurants

Web Admin - Tuesday, May 27, 2014

illinois overtime violationsWage theft is an increasingly common practice in which employers deprive their workers of wages they are owed through practices like improperly logging their hours or simply failing to pay wages fully and promptly. The problem is serious enough that a report from the Center for Urban Economic Development at the University of Illinois at Chicago estimates that workers in Cook County lose more than one million dollars a day to the practice. One of the most common methods of wage theft is through the violation of overtime laws. Overtime in the restaurant industry is a particular problem because of how overtime rules interact with minimum wage provisions and the tip credit.

Understanding the Tip Credit

The tip credit is a specific exception to minimum wage law that allows employers to pay employees less than minimum wage on the assumption that the worker’s tips will make up the difference. Restaurants are one of the main industries that can take advantage of the tip credit because of their high percentage of tipped employees, such as servers and bartenders.

The exact amount of the tip credit varies by state. In Illinois, employers may deduct up to 40 percent of the Illinois minimum wage as tip credit, giving a new minimum wage of $4.95. The tip credit is a complex piece of the minimum wage law that can give rise to a variety of violations by employers. One of the most complicated of these issues related to the tip credit is how it interacts with overtime law.

The Tip Credit and Overtime

Generally speaking, overtime laws require employers to pay their workers one and a half times their hourly wage for working more than 40 hours in a week. However, restaurants and other employers can still take advantage of the tip credit. Unfortunately, many do so incorrectly. The issue is that many employers take the tip credit out before multiplying the hourly wage by one and a half, when they should take it out after. To illustrate the difference, suppose a server works 60 hours in one week and is paid $4.95 an hour plus tips.

For the first 40 hours, the employer can simply pay the $4.95, but for the last 20 they need to start paying overtime. The incorrect way to do the calculation would be to simply multiply the $4.95 wage by 1.5 giving a new wage of $7.43, which would result in a paycheck of $148.60 for those 20 hours. The proper way to perform the calculation is to multiply the full minimum wage, $8.25, by 1.5 to get $12.38, and then subtract the tip credit afterwards to get a minimum wage of $9.08 and a paycheck of $181.60, a serious difference from the incorrect calculation.

If you believe you have been the victim of an overtime violation, contact an Illinois employment lawyer today. Our firm helps clients in many towns across the northwest suburbs, including in Palatine, Barrington, and Schaumburg.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Common Methods of Wage Theft

Web Admin - Tuesday, February 11, 2014

illinois wage theft lawyerMore and more employees are facing issues related to wage theft. Even though many are not aware of what the term actually mean, legal claims related to it have been steadily rising in recent years.

Broadly speaking, wage theft happens when an employer illegally deprives an employee of wages that they are owed. In some cases that can mean subverting laws that guarantee certain benefits to employees, like the minimum wage law, while in others it can simply mean not abiding by the agreement between the employer and the employee, both of which are violations of the law. Wage theft can be broken down into two categories based on the method the employer uses, methods relating to simply depriving the worker of money they are owed, and methods relating to improperly documenting the worker or their pay.

Wage Deprivation

Wage deprivation methods involve improper payroll practices designed to deprive an employee of their pay. The simplest method of this is an employer’s failure to pay their employees on time. This can include tactics like withholding an employee’s last paycheck or paying them for only certain hours or days worked, rather than paying for all their time.

One common, similar method of wage theft involves withholding overtime pay. Under the Fair Labor Standards act, many employees are entitled to overtime if they work more than 40 hours a week. Employers often take advantage of confusion among employees as to whether they qualify and refuse to pay overtime. Fortunately, the Department of Labor maintains a guide explaining worker’s overtime rights.

Documentation Issues

Documentation issues are a slightly subtler version of wage theft. Rather than simply withholding wages, employers will adjust their payroll or misclassify employees to stop paying them everything that the employer owes them. One of the simplest documentation violations is agreeing to pay someone below the minimum wage ($8.25 currently), which is illegal. Employers may also adopt improper policies related to clocking-in, like forcing employees to work for a period in the morning before they start logging hours. These sorts of policies qualify as wage theft since employers owe employees for that time.

Additionally, employers could improperly classify their employees as independent contractors. Independent contractor is a specific legal status related to the amount of freedom a worker has to set their hours and perform tasks as they see fit. Most workers a business hires will not fall into this category, but an employer may try to label employees as this since it allows the employer to avoid things like workers compensation insurance and payroll tax by shifting the burden to the worker.

If you believe you have been a victim of wage theft, or have questions about your employer’s practices, get in contact with an Illinois employment lawyer. We serve clients in areas across the northwest suburbs such as Buffalo Grove, Barrington, and Arlington Heights.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


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