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Business Information CenterCall us now or use the form below. Frequently Asked Questions - EmploymentQ: How much do I have to pay my employees? A: This depends on the employee. Generally, if the employee is not in an executive, professional, or supervisory role, you would have to pay the individual at least minimum wage. The federally mandated minimum wage was $5.15 per hour for ten years, until Congress enacted the Fair Minimum Wage Act of 2007, resulting in a July 24, 2007, increase to $5.85. The Act provides for two more 70 cent increases on the same date each in 2008 and 2009. State law should also be consulted because it may require a higher minimum wage than the federal minimum wage law, in which case the higher state wage would have to be paid. Keep in mind also that some industries and other categories of employees may fall under certain minimum wage exemptions. ROLEWICK & GUTZKE, P.C.Illinois Employment LawyersROLEWICK & GUTZKE, P.C . is a Wheaton, Illinois law firm dedicated to serving the needs of employers throughout the state of Illinois. Our employment lawyers have significant experience advising and defending businesses large and small. Our employment practice includes: • Audits • Employer defense • Allegations of Discrimination, Sexual harassment Our attorneys are committed to helping you resolve your issues with minimal disruption to your regular business. We advise you on the creation of benefits packages and employment contracts that comply with state and federal regulations. We defend you against claims of sexual harassment, discrimination or wrongful termination. Part of our commitment to providing the finest services is keeping our clients well informed of ever-changing employment laws. This page is intended to provide you with general information regarding employers’ rights and employment law. To learn more, or to discuss your specific case with one of our skilled employment lawyers, contact us. ROLEWICK & GUTZKE, P.C. in Wheaton, Illinois, provides legal services to clients in Cook, DuPage, Kane, Kendall and Will Counties, including Wheaton, Glen Ellyn, Lombard, Naperville, Oak Brook, and Warrenville.
ROLEWICK & GUTZKE, P.C. Employment, Employer - An OverviewHiringWhen hiring a new employee, an employer must be cognizant of state and federal laws that govern the hiring, compensation, treatment, and termination of all employees. For example, employers must be familiar with Title VII of the Civil Rights Act of 1964 (Title VII). This statute forbids the use of race, color, national origin, religion, and sex in all hiring, employment and termination decisions. Also, the employer must follow federal laws concerning documentation. I-9 immigration status forms and W-4 tax forms are critical documents that every employer must record and preserve on a regular basis. Employers must also adhere to state laws that govern hiring and certification of new employees. This could include notifying a State Department of Labor of a new hire or registering as a new employer. Some employers may want to administer certain tests to new employees that identify drug use or possible psychological problems. Before doing so, an employer must be familiar with laws governing how tests may be performed. Because employees generally have a right to personal privacy, an employer should consult an employment law attorney before submitting potential hires to psychological tests, drug screening processes, or inquiring into sexual behavior or alcohol use. HiringThere are a number of required steps that need to be taken before an employer begins hiring employees. An employer must first obtain an employer identification number through the Internal Revenue Service. The employer also needs to set up a payroll system to withhold federal and state income taxes from an employee's wages. CompensationIf your business has employees, it is in your best interest to retain an experienced and skilled employment law attorney. Federal and state employment laws concerning wages and overtime are complex and impose significant responsibility on employers. LeaveThere are two employee leave laws that are of particular importance:
Family and Medical Leave Act (FMLA)The Family and Medical Leave act allows a covered employee can take up to twelve weeks off of work for certain family responsibilities. These responsibilities include the birth of a child, care of a sick family member, adoption of a child and an employee's own sickness. This leave is taken as unpaid and there is nothing within the law that requires an employer to offer paid leave. TerminationMost employment is termed "at-will" employment. This means that the employer can fire an employee for any legal reason, at any time. This latitude also applies to the employee. An employee can quit for any or no reason without any notice to their employer. This area is generally covered by state law. However, there are similar federal provisions that prohibit unlawful or discriminatory firings. If you are faced with issues regarding hiring and employment consult an attorney. Employment, Employer Resource Links
United States Department of Labor
United States Equal Employment Opportunity Commission (EEOC)
Official United States Government Website
Legal Information Institute
Occupational Safety and Health Administration
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Business Information Center
Contact a lawyer from
Rolewick & Gutzke, P.C.
to arrange a consultation.
630.653.1577
Rolewick & Gutzke, P.C.
to arrange a consultation.
630.653.1577
Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser - in fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be business enough.
~ Abraham Lincoln, 1850Flexible Office Hours
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Wheaton, IL 60187
