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May 2014 Archives

Best Candidate for the Job

House Bill 5701, known as the "Best Candidate for the Job Act," has passed the Illinois House and is expected to win overwhelming approval in the Illinois Senate.This Bill would bar businesses with 15 or more employees from inquiring about or requiring applicants to disclose their criminal records (i.e., criminal convictions) before offering the individual a job interview or a conditional offer of employment. Once a job interview is offered or a conditional offer of employment is made, the Employer would allegedly be free to perform a background check. One should note that there is extensive activity being conducted by the Equal Employment Opportunity Commission (EEOC) with regard to the issue of background checks and, regardless of the holdings in Bill 5701, the Employer could still run afoul of the law in getting background information.

Employer Lessons from Donald Sterling

There are very few, if any, individuals who are unaware of the well-publicized recent scandal involving Los Angeles Clippers owner, Donald Sterling. Certainly, Mr. Sterling's unfortunate comments have resulted in unprecedented penalties from the NBA and, in all probability, are the result of the very enflamed situation that grew from a bonfire to a forest fire within a few hours. Regardless of the circumstances of the Sterling scenario, there are lessons to be learned by all employers and management from this situation. Clearly, the actions and comments of employers, owners, and management, whether directed to employees or others, may have dire consequences for a business. Here are five practical tips for all employers to consider to avoid the "Donald Sterling motif."

The Hidden Warning About Providing Employees Certain Bonuses: Is Your Business in Compliance?

Over the past 8 years, many Businesses changed their payroll method to include bonuses. Businesses make these changes for several reasons, but most commonly the decision is to motivate its workforce. But Businesses all too often fail to learn about the potential consequences of making such pay method change. Further, with the Illinois Department of Labor and Department of Labor increasing its audits for 2014, Businesses are on notice that they must look at their bonus structure to ensure they are properly paying their Employees.

Understanding the Illinois Prevailing Wage Act Part III: Penalty Provisions

Last month we covered the notice, posting, and reporting requirements under the Prevailing Wage Act. This month, we will cover the topic of greatest concern for employers; the penalties for violation of the Act. Specifically, we will cover penalties for first and second violations of the Act, the notice penalty, and the reporting penalty.

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