The economy is booming, which is excellent news for small businesses, right? In general, it is great news for all businesses. However, it also presents some challenges, particularly for small businesses. According to the June 2019 National Federation of Independent Businesses (NFIB) Jobs Report, small business owners identified the difficulty of finding qualified employees as their single most important business …
Ask Cari: What Should I Know about “Ban-the-Box” Laws?
Thirty-three states and 150 municipalities and counties have enacted “ban-the-box” laws precluding employers from including questions about criminal history on employment applications. In many of these states, ban-the-box statutes apply only to public employers, but 13 states (including some of the most highly populated, such as California and Illinois) and 18 municipalities and counties have applied them to most or …
Ask Cari: Should My Small Business Have a Social Media Policy?
According to 2018 data provided by SCORE, the largest provider of volunteer business mentors in the United States, 77% of U.S. small businesses use social media for their sales, marketing, and customer service. If you plan to use social media to promote your business, a social media policy is essential to protect your business’s reputation and avoid litigation by preventing …
Attention Small Business Owners: New Overtime Rule Issued by the Department of Labor
At the end of September, the Department of Labor issued a new overtime pay rule that will take effect on January 1, 2020. According to the Department of Labor, the new rule will make 1.3 million American workers newly eligible for overtime pay. It is important for small businesses with employees to be aware of the changes to avoid violating …
What Counts as “Hours Worked” Under the Fair Labor Standards Act?
If your small business has non-exempt employees covered by the Fair Labor Standards Act (FLSA), you are required to pay those employees in accordance with its minimum wage and overtime requirements for all “hours worked.” This may seem like a simple requirement, but figuring out what is considered “hours worked” may be more complicated than it seems at first glance. …
Independent Contractor or Employee: It’s Very Easy to Cross the Line
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 …
Illinois Employment Law: Overview of Farm Labor Laws
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.
Illinois Employment Law: Sick Leave
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 …
Agriculture Law: Overview of Farm Labor Law Issues
[slideshare id=86116441&doc=farmlaborlaws-whatyouneedtoknow-180113203306] I gave this presentation last week at the Illinois Specialty Crops, Agri-Tourism and Organic Conference in Springfield, Illinois. It gives an overview of labor and employment law issues that affect farms and small to mid-sized agribusinesses. It discuss employee vs. independent contractor classifications, unpaid labor, hiring practices, minimum wage and overtime, child labor, Family Medical Leave Act, employment …
Some Food for Thought on Interns
Most businesses at one point or another come across the process of hiring interns. The decision to bring on an intern may be easy to take, but whether or not he should be paid is a matter that is more complicated. Many employers believe that as long as you label the person being hired as an intern that paying that …