Though the law already passed under the state's new four-year medical marijuana pilot program, it has not yet been implemented.
Here are three considerations for Illinois employers and employees to keep in mind concerning medical marijuana:
]]>Though the law's exact implications are still unclear, remember the bottom-line: even when your use of medical marijuana is perfectly legal, your employer can still fire you under certain circumstances.
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Though spring is fast approaching, people are still coming down with the flu, requiring them to take time off from work to recover.
But are employers legally required to provide paid sick leave?
]]> Current Sick Leave LawOn the federal level, there are currently no requirements for paid sick leave. Companies subject to the Family and Medical Leave Act must provide up to 12 weeks of unpaid sick leave to FMLA-eligible employees for certain medical situations for either the employee or a member of the employee's immediate family. In many instances, paid leave may be substituted for unpaid FMLA leave.
On the state level, there is no Illinois statute mandating paid sick leave. Connecticut is currently the only state to pass a law requiring private sector employers to provide paid sick leave, the National Conference of State Legislatures reports.
Currently, there is no Chicago city ordinance mandating paid sick leave. But that could change with the passage of a newly proposed city ordinance.
Proposed Sick Leave Legislation
Chicago employers would be required to offer paid sick leave to all workers under a proposal introduced by City Councilmen Aldermen Proco "Joe" Moreno and Toni Foulkes, the Chicago Business Journal reports.
If approved, workers would earn an hour of paid sick leave for every 30 hours they work, up to a maximum total of either five days for employers with fewer than 10 workers or nine days for larger ones.
Many other cities have already passed paid sick leave legislation similar to the proposed Chicago ordinance. New York City approved a paid sick leave requirement last month, joining cities like Portland, Oregon, San Francisco, and Washington, D.C., the Huffington Post reports.
The Chicago proposal also comes amid a new push for a statewide paid sick day requirement in Illinois, backed by Gov. Pat Quinn -- whose office is reportedly drafting a bill, according to ThinkProgress.
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While federal law doesn't protect lesbian, gay, bisexual, and transgendered (LGBT) people from discrimination when patronizing businesses, Illinois and Chicago laws forbid discrimination based on sexual orientation.
However, businesses that aren't open to the public may have a legal loophole.
]]> Federal and Local LawsUnder Title II of the Civil Rights Act of 1964, the federal government prohibits discrimination by private businesses that are open to the public. However, it only prevents businesses from denying service to people based on color, religion, race, and national origin -- it doesn't say anything about sexual orientation. So under federal law, gay people aren't protected against many discriminatory business practices.
However, like the pot of gold at the end of a rainbow, Illinois's Human Rights Act forbids refusing public accommodation based on a wider range of classes, including sexual orientation. Chicago also has its own Human Rights Ordinance that prohibits any business that is open to the general public from discriminating against people based on their sexual orientation or gender identity.
So while federal law usually trumps state laws, state and local laws are allowed to expand civil rights protection against discriminatory practices -- which in this case protects LGBT people from private business discrimination.
Private v. Public
While businesses that offer a service, product, or facility to the general public aren't allowed to refuse service to gay people based on Illinois and Chicago law, private clubs may be allowed to. The Illinois Human Rights Act allows private, members only establishments decide who they want to let in -- even if it means discriminating based on a protected class like race or sexual orientation. Under Illinois laws, private clubs are non-profit organizations that are operated solely for recreational, fraternal, social, or political purposes and have been granted a federal tax exemption.
However, these businesses don't serve the public. Businesses in Illinois that are open to the general public can't refuse to serve gay people.
So if you're worried that your business policies might be discriminating against gay people or other protected classes, have a civil rights or employment law attorney in Chicago look over your handbook.
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But can workers be fired for taking family leave? Generally speaking, you can't get fired or demoted for taking FMLA leave.
But if you do get fired, your claim of FMLA retaliation will depend on a number of factors, such as the following:
]]>If you suspect that you faced employment repercussions because you took FMLA leave, you'll want to consult an experienced employment law attorney to explore potential legal remedies.
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Here are seven legal reasons to fire an employee:
]]>If you're still unsure about your grounds for termination, consider consulting an employment law attorney to sort out your particular legal angle.
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Here are five legally merry tips when it comes to your office holiday decorations:
]]>Remember, there's no reason to put the holidays on pause just because you're at work. As long as you're careful and informed, your office can be as festive as you want it to be. Happy holidays!
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When unpaid internships take an abusive turn, some interns have sued their employers, as Mother Jones recently reported. But because of how state and federal employment laws are written, most cases don't get very far in court.
What about in Illinois? Can unpaid interns sue for harassment or discrimination in Chi-town?
]]> Interns Under Federal LawTitle VII of the Civil Rights Act, the federal employment discrimination law, defines an employee as "an individual who is employed by an employer."
The laws enforced by the U.S. Equal Employment Opportunity Commission, including the Civil Rights Act, don't cover interns unless they receive "significant remuneration."
That essentially means unpaid interns who aren't misclassified employees entitled to compensation are generally out of luck.
By contrast, if interns are considered employees under the law, the employer must extend to the interns the same legal protections as other employees, such as nondiscriminatory treatment, right to sue for harassment, and eligibility for workers' compensation.
Interns Under Illinois Employment Law
Sadly, Illinois follows in step with federal law and also offers virtually no workplace protections to unpaid interns.
In fact, as of June, Oregon is the first (and only) state to implement such protections. Oregon's new law grants unpaid interns legal recourse for workplace violations including sexual harassment, unlawful discrimination -- based on race, color, religion, gender, sexual orientation, national origin, marital status or age -- and retaliation for whistle-blowing.
That being said, don't get complacent and resign yourself to life on the "casting couch." For starters, look into company policies that may broaden your workplace protections.
Need More Help?
If you're an intern at the bottom of the totem pole in our shark-eat-shark capitalist society and you have a potential employment issue, you may want to speak with an experienced employment lawyer.
After all, every situation is different and every now and then, small fries have (a few) legal rights, too.
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A whistleblower is an employee who essentially tattles on their employer. The violation(s) he reports may be personal (e.g. an employment discrimination claim) or more general (e.g. illegal practices at work, like not paying for overtime).
Many states, including Illinois, have protections for whistleblowers. Here's a general breakdown:
]]> Who Qualifies Under the Act?Citizens in Illinois are protected under The Illinois Whistleblower Act (Act). Under the Act, the statute states that an employer may not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency if the employee has reasonable cause to believe that the information discloses a violation of a state or federal law, rule, or regulation.
"Employer" is defined under the Act as any individual, sole proprietorship, partnership, firm, corporation, association, or any other entity that has at least one employee in the state of Illinois. An "employee" is defined as any individual who is employed, full time, part-time, or on a contract basis by an employer.
What Your Options Are
If you report a violation at work, and blow a whistle, figuratively speaking, both federal and state whistleblower protections are there for you with the following options:
Even if you haven't been fired or retaliated against and just have questions, a local, experienced attorney can help spell out your options for you.
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This usually includes terminating those employees who are responsible for racist behavior at work. But Chicago-area employers should consider the following before making any employment decisions:
]]> Illinois' Public Accommodations LawIf a business receives a complaint that a customer was either harassed or refused service based on race, that business may be in violation of Illinois' public accommodations law, a part of the Illinois Human Rights Act.
This law affects any business open to the public, and makes it illegal to deny "full and equal enjoyment" to any customer by discriminating based on race (as well as other protected categories). This can include racial slurs overheard by a customer.
Customers can also sue in federal court for discrimination in public accommodations, which may end up costing a business hundreds of thousands of dollars.
Firing Employees for Racist Remarks
A business may want to fire an employee immediately after finding out about allegations of racism at work. Unlawful discrimination at work can be a valid reason for terminating an at-will employee.
However, business owners may want to conduct in-company investigations of the allegations first. It's often wise to keep a record of the allegations as well as the recommended discipline (i.e., your decision to fire the employee).
When dealing with complaints of racism, a business can benefit from having an anti-discrimination and/or harassment policy, which can provide clear bases for firing a non-compliant employee.
Apologize and Make Amends
As Papa John's founder and CEO demonstrated recently, even when employees do something terrible unbeknownst to the company or its policies, an apology combined with some firings is never a bad move.
Apologizing may not relieve companies of their liability for discrimination lawsuits, but a company that makes changes to solve future problems is easier to forgive.
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Illinois could be the 19th state to have passed medical marijuana legislation, but the proposed law -- which is currently awaiting Gov. Pat Quinn's signature -- does little to protect medical pot users who will be subject to firings and discipline for their legal use of the drug.
]]> Protection From Employer DiscriminationThe Compassionate Use of Medical Cannabis Pilot Program Act does provide that employers (as well as schools and landlords) may not discriminate based on a person's registered medical marijuana status.
Likewise, businesses cannot be denied state benefits for employing someone who has a medical marijuana license.
However, the law makes an exception for businesses to bar the smoking of marijuana on company grounds.
Company Policy Protected
Even though the Act prohibits medical pot discrimination, it may be a bit paltry in light of two exceptions.
A company may discriminate against medical pot users if:
Despite any state law to the contrary, use and possession of medical marijuana is still illegal under federal law, and companies cannot be forced to break federal law to comply with Illinois law.
Drug Test Failed, Then Fired
The issue of medical marijuana-related firings has come up in other states that allow for medical pot. In Michicagn, Walmart fired a medical marijuana cancer patient in 2009 after he tested positive for marijuana on a company drug test. Federal courts ruled that Michigan's medical marijuana law did not protect him from being fired.
This is not just a Midwestern phenomenon; Washington's courts similarly decided that the state's Medical Use of Marijuana Act does not protect employees from being fired, even if they use their medicinal marijuana outside of work.
Illinois employees won't have to wait for an Illinois court decision to know that they can be fired. That's because the Act explicitly allows companies to "discipline" employees for failing a drug test.
Although this Act won't prevent future medical marijuana cases for wrongful termination, Illinois lawmakers haven't given employment lawyers much room to wiggle.
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As it turns out, prospective employers can't always use whatever they find in the hiring process.
Illinois, like many other states, limits an employer's ability to look into a job applicant's criminal history.
]]> Last April, the EEOC updated its policy regarding businesses' use of criminal background checks in hiring. The purpose of the EEOC's criminal-background-check guidance is to discourage businesses from refusing to hire ex-offenders.Generally, employers can't use someone's arrest record in an employment decision. But in some situations, employers can consider the fact that someone was convicted of a crime.
These limitations might not apply to people working in health care, for the government, or with sensitive populations. Generally, the background check needs to be reasonable, and the reason for denying employment based on a criminal background check needs to correlate between the criminal act and the responsibilities of the job.
Employers should also be careful about "informal" background checks. Under Illinois' background check laws, just because a candidate's personal information may be publicly available doesn't mean that employers can consider all of it. For example, when you "research" a candidate on Facebook, you may find some information you're not supposed to consider. This could expose you to legal liability.
Employers must be very careful whenever using arrest or conviction information in the employment decision as this can lead to discrimination lawsuits and other problems. To play it safe, employers should follow the EEOC's guidelines and reduce their use of criminal background checks during the hiring process.
Employers should check for any questions on an applicant's criminal history that could land them in hot water. This is especially needed if you're using standard forms that don't reflect the EEOC's current guidelines.
If you're a job applicant or an employer who isn't sure whether a criminal background check is legal or not, you may want to talk to an experienced Chicago employment law attorney.
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For certain positions (typically, high-level and executive positions), the employer will enter into an employment agreement with you.
The job contract can cover pretty much everything that touches upon your employment. Because these contracts are binding and set forth your rights, you will want to be careful before signing them. In addition, you should know that you may be able to negotiate certain provisions. Here's a look at five important terms you may want to negotiate:
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While it may be a good idea to start with a template to get certain standard provisions correct, it is important that you review each individual contract and make it specific for each position.
Some things you should keep in mind when reviewing your employment contracts can include:
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For the most part, you may already keep these records as part of your ordinary business practice. These records may be enough to fulfill FLSA recordkeeping requirements, as the government does not mandate a specific form for the records.
The only requirement besides maintaining the information is that the records be accurate, according to the Department of Labor.
]]> Some personal information that an employer must keep on record include the employee's:In addition, employers have to record the specifics of each employee's workweek. This should include:
Employers have to preserve these pay records for at least three years. In addition, documents like time cards, piecework tickets, and work schedules should also be retained. Employers who fail to meet these requirements can face monetary fines and even jail time for repeat and willful violations.
Keep in mind that there may be different recordkeeping requirements for employers in different industries. In addition, you may need to keep certain records longer under other laws specific to your state or locality. You should talk to an employment attorney to learn more about your specific obligations.
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Employment agreements can be written contracts, or they can be verbal promises or provisions made in an employee handbook or company policy. Generally, you will want your contract in written form.
Employment contracts are enforceable, and you will want to make sure that everything promised to you at your interview is contained in the contract. In addition, you will want to make sure that there are no surprises.
When reviewing your contract, keep the following three questions in mind:
]]> 1. Is This What You Agreed To?An employment contract can cover many topics aside from your salary. For example, the contract may stipulate that you are an at-will employee who can be fired at any time for any reason, or the contract may limit the circumstances for termination.
In addition, contracts can address:
2. Are There Any Ambiguous Terms?
If you are unsure what some provisions mean like non-compete clauses, confidentiality provisions, and ownership rights over your work, you should have the employer clarify before signing.
Employment contracts can be very harsh and can limit your employment opportunities should you leave the company. You will want to make sure that you understand what you are getting into before signing.
3. Should You Get a Lawyer to Review the Contract?
Your employment contract can have long-lasting repercussions. As a result, you will want a professional set of eyes to review the agreement for you. One option is to hire a lawyer to look over your contract.
Another option is to sign up for an affordable personal legal plan like those offered by LegalStreet. With a LegalStreet plan, which averages out to less than $13 a month, you can get a lawyer to review any document you like (up to 10 pages each). You also get unlimited phone consultations with local attorneys, and discounted rates if you need to hire one to represent you in court.
Getting a new employment contract can be exciting, but it can also create confusion as you try to decipher all the legal fine print. Keep these questions in mind before you sign on the dotted line, to make sure your rights are protected.
(Disclaimer: LegalStreet and FindLaw.com are owned by the same company.)
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