With all the furor in the media with regard to the "Border Wall" and United States immigration policy, Employers are losing sight of an even more prominent threat. The Homeland Security Investigations Unit (HSI), which is the investigative agency within the United States Immigration and Customs Enforcement Group and responsible for Form I-9 compliance, has ratcheted up Inspection Notices for Employers. In point of fact, since the beginning of the current Government Fiscal Year, the HSI has served well over 2,800 Notices of Inspection and made thirty-two (32) arrests in connection with onsite Form I-9 compliance. It should be noted that in the last Fiscal Year, the same entity initiated 1,360 I-9 Audits and obviously that is showing a tremendous increase. While the Border Wall and overall immigration policy may eventually impact the Federal Budget and tax dollars, a more important concern for Employers is the HSI "knocking on the door right now!"
Wait, what? If the conduct directed at an employee is sexual in nature or has sexual connotations, doesn't that automatically make it unlawful sexual harassment? Not necessarily.
Exotic dancers can be properly classified as either employees or independent contractors depending on how the working relationship is structured. But when the independent contractors believe they have been misclassified and should have really been employees, lawsuits may result.
The Occupational Safety and Health Administration (OSHA) has just reminded Temporary Staffing Agencies and their clients (i.e. the Host Employer) that they are jointly liable and responsible for a Temporary Employee's safety and health in two (2) new Guidance Documents relating to respiratory protection, noise exposure and hearing conservation.
In 2001, specifically July 12, 2001, the State of Illinois put in place legislation dealing with Nursing Mothers in the Workplace (820 ILCS 260/1, et seq.). This legislation required Employers, who had six (6) or more employees, to allow nursing mothers "reasonable unpaid break time each day" to express breast milk for their infant children. The Law also required that to provide this opportunity for nursing mothers, the Employer had to make "reasonable efforts to provide a room or other location in close proximity to the work area, other than a toilet stall, where the employee could express her milk in privacy." (820 ILCS 260/15)
On September 22, 2017, Illinois Governor Bruce Rauner signed new legislation (effective July 1, 2018) called the Illinois Employee Misclassification Referral System Act.
There is a lot of confusion among employers about what is legally required in Illinois regarding vacation pay for company employees. The following are some commonly asked questions: