Employment Law

There are numerous state and federal laws which affect the employer/employee relationship and which in may respects can dictate how and employer runs its business. Employers are regulated by both state and federal statutes governing how they pay their employees, how they establish hours and conditions of work, how to maintain a safe work environment and how to ensure that all employees’ civil rights are protected. In addition to these statutes and regulations, employers must also ensure that all employees, not just those who are in unions, have the full freedom of association and self-organization, as well as the right to designate a representative for the purpose of negotiating the terms and conditions of their employment.

As briefly described above, the employment arena is complex and requires a constant review of the applicable laws in relationship to each employer’s business. Furthermore, each employer should ensure that it not only has employment policies which are consistent with the law, but also that they are appropriately communicated to employees and applied in a non-discriminatory manner. Finally, employers need also to ensure that their decisions are adequately documented and/or investigated such that they could undergo scrutiny by a court or a governmental agency at a later date.

By way of limited example, Illinois employers can be regulated by most, if not all of the following statutes:

Fair Labor Standards Act
Family and Medical Leave Act
The Age Discrimination in Employment Act
Americans With Disabilities Act
Title VII of the Civil Rights Act
Occupational and Health and Safety Act (“OSHA”)
The National Labor Relations Act
Fair Credit & Reporting Act
Illinois Human Rights Act
Personnel Record Review Act
Wage Payment & Collection Act
Employee Retirement Income Security Act (“ERISA”).

Given the level of complexity in the employment arena, employers can best protect themselves from the risk of liability or even against the filing of lawsuits or complaints by their employees, by first establishing employment policies and communicating them effectively to their employees; and second, by applying them consistently and expeditiously to all employees. Our firm can also provide representation at the onset and/or termination of the employment relationship. We have extensive experience in drafting and advising employers and employees concerning employment policies, employee handbooks, employment agreements, restrictive covenants, and settlement and release agreements.

Our firm can assist your business in this process, and to the extent that legal representation is sought throughout the employment relationship, our firm will be the most cost-effective way in which your business can reduce the risks inherent in the employment arena. However, even for those employers who protect themselves to the extent possible from risk, there will be cases in which a dispute arises. In that event, our firm has extensive experience litigating employment matters both in the state and federal arenas and will provide you with sound legal advice and representation in defending claims brought by your employees whether with an administrative body or in court.