Labor and Employment Litigation
While employees can help a business grow tremendously, a dispute with a disgruntled employee or labor union can significantly disrupt a company's daily operations. At the Voelker Litigation Group, our labor and employment litigation lawyers represent employers in Chicago and other areas of Cook County. We are familiar with the issues that are often at stake in wage and overtime disputes with the Department of Labor, the enforcement of non-compete and confidentiality agreements, and class action lawsuits.Labor and Employment Litigation in Illinois
In the state of Illinois, you can pay a minimum wage of $8.25 per hour for non-exempt employees who are 18 or older. Tipped employees must be paid this wage, but you can pay a training wage of $4.65 for adult tipped employees for the first 90 days if you are applying a tip credit of 40% or $7.75 when using tip credit. After these 90 days are up, you must increase the wage to $4.95.
However, an employee who does not receive tips can be paid $7.75 for the first 90 days of employment, as can minors. You will owe an employee time and one half the regular rate of pay once he or she works over 40 hours in a workweek. Under the One Day Rest in Seven Act (ODRISA), you must give employees a minimum of 24 hours of rest in each calendar week and a meal period that lasts 20 minutes for every 7.5-hour shift, starting no more than five hours after the start of a shift. You can get permission from the Department of Labor to work an employee on the seventh day, but only if the employee voluntarily elected to do so.
Cook County employees may file their wage and hour or overtime claims with the Department of Labor. They must file them within a year after wages or final compensation are due. The Department reviews the claim to make sure it complies with all pertinent rules, and it either accepts or denies the claim. You are informed at that point of the claim and the amount being claimed. You have the right to answer the claim, and then the Department investigates. There may be a hearing. It is prudent to have representation once you realize a claim has been made.
It tends to be more disruptive and expensive for a business when a group of employees files a collective wage and hour lawsuit under the Fair Labor Standards Act. Collective actions are similar to class actions, but all employees must take an action to opt into the class. Unlike the many requirements associated with class actions, in an FLSA collective action, the plaintiff need only show that the class representative is similarly situated to the other employees who are members of the class.Seek Legal Guidance in Chicago for a Business Dispute
Many companies rely on their employees to stay motivated and on task. Disputes can be time-consuming and severely harm operations. Therefore, you should retain an experienced attorney for a business dispute that affects a company in Chicago or elsewhere in Cook County. Contact the knowledgeable professionals at the Voelker Litigation Group at 312-870-5430 or via our online form. We represent clients in communities such as Palatine, Glencoe, Skokie, and Orland Park, as well as in Kane County cities such as Elgin. The Voelker Litigation Group also assists businesses throughout the United States, including in Florida, Delaware, and Wisconsin.