Does an Employee Handbook Create a Contractual Obligation?

Rincker LawBusiness/Commercial Law, Employment Law Leave a Comment

Every business with at least one employee should have an employee handbook, sometimes also called an employee manual or code of conduct, setting out the company’s policies and rules and the laws applicable to the employment relationship. It establishes the expectations in the relationship and enables employers to deal with similar situations consistently. Typically, employers do not intend for the …

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Legalized Marijuana: What Every Employer Needs to Know

Rincker LawEmployment Law Leave a Comment

The marijuana industry is huge and growing. In 2017, legal marijuana was a $1.5 billion industry in Colorado alone according to data from the Colorado Department of Revenue, and it has been identified by many analysts as one of the fastest growing industries in the United States. To date, 33 states and the District of Columbia have legalized either medical …

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The Employee Handbook: The Holy Grail of Your Business

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Employee handbooks address the who, what, where, why, and how of your business operations.  Your employee handbook will protect you and your business by setting appropriate expectations, and providing consistency for your employees when situations arise. What Information Should an Employee Handbook Include?  Ideally, employee handbooks address anything significant related to your company, employees, operating policies, and applicable laws – …

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Ask Cari: What Does “At Will Employment” Mean?

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The term “at will employment” may be interpreted many ways by a lay person, but it is actually a legal term meaning that either party (employer or employee) may terminate employment at any time without notice for any reason (with limited exceptions), unless there is a contract stating otherwise.  However, a contract may modify that by wording such as “I …

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I Need To Hire Someone for My Business; What Do I Need To Know?

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The goal of most businesses is to grow – at least somewhat.  However, in order to grow or to be able to step away from the business for a personal life, vacation, or other ventures, you’ll need help with day-to-day operations.  If you’ve never hired someone before – or it’s been a long time – don’t worry – here’s the …

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Ask Cari: I Have a Problem with Employees Missing Shifts. Should I address this in my Employment Handbook?

Rincker LawAsk Cari, Business/Commercial Law, Employment Law Leave a Comment

I always tell my business clients that having an employee handbook is imperative.  It is, essentially, the laws of the employment relationship.  It can be as detailed as the employer would like and can cover anything that might arise affecting the employer/employee relationship.  While many state and federal laws govern certain aspects of the employer/employee relationship, a lot is left …

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Laws, Rules, & Regulations That May Not Apply To Small Businesses

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An extraordinary number of laws, rules, and regulations govern businesses and their employees.  A small business, however, may be exempt from one or more of them depending on its number of employees. For example: Discrimination Laws. Small businesses may be exempt from Title VII, the ADA and the ADEA: Title VII. Title VII prohibits employers from discriminating against employees on …

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Independent Contractor or Employee: It’s Very Easy to Cross the Line

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Many businesses prefer to hire independent contractors because there’s often less overhead and fewer expenses (i.e. taxes). However, classify an employee as an independent contractor and you’re in big trouble. Here’s how to legally differentiate between the two. Who Controls the Worker? This question is not always easy to answer.  According to the U.S. Internal Revenue Service (IRS), evidence of …

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Illinois Employment Law: Overview of Farm Labor Laws

Rincker LawEmployment Law, Food & Ag Law Leave a Comment

This expansive outline on farm labor laws was created for the 2018 Illinois Specialty Crops, Agri-Tourism and Organic Conference in Springfield, Illinois. It covers employment classifications (e.g., employer, employee, independent contractor), unpaid farm labor (e.g., internships, apprenticeships, volunteer farm labor, hiring and firing practices, wage and hour laws (including child labor laws), the Family Medical Leave Act, and employee handbooks.

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Illinois Employment Law: Sick Leave

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Illinois does not require employers to provide sick day benefits to its employees, either paid or unpaid.  However, Illinois, of course, is subject to the Family and Medical Leave Act-a federal law. In Cook County and Chicago, effective July 1, 2017, there is a sick leave “ordinance” that goes into effect 180 days after employment begins.  This must be posted …

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Illinois Employment Law: Reasonable Accommodations for Pregnant Workers

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New laws were enacted in Illinois pertaining to pregnancy and employment. The “Pregnant Workers’ Fairness Act” (P.A. 98-50) amends the Illinois Human Rights Act. (775 ILCS 5/2-102) that previously touched upon this area. This blog post will discuss how reasonable accommodations are addressed under the current law. Most people know that employers cannot hire, fire, segregate, select for training, promote, …

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