Your employer has a valid point: you have to take a break pursuant to the state labor and employment laws because if you do not (for any reason) that the employer may be accused (even by you) of violations of the state employment law, not to mention civil liability stemming from that violation.

Sorry, but it is a slam-dunk loser. Every court that has addressed compulsory vaccination has found that it was merited. If your children are not vaccinated (against childhood diseases), they CANNOT attend public school. Why should you have an additional opportunity to become infected and to... View More

The employer is correct. No providing that break will subject that employe to a de facto state employment law violation. Additionally, permitting you not to take that necessary break will directly subject that employer to a civil suit for damages in several ways.

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answered on Oct 14, 2021

IL statute of limitations on a breach of contract action is ten years. But first, you have to ascertain which country's laws apply. Did you have a written employment agreement and where was was it signed, in the US or in that foreign country? That's the law that will apply to a breach of... View More

This is a contract law question. Workers' Compensation is an area of law that deals with work-related injuries. Whenever BOTH parties to a contract WANT to make a changes (irrespective of reason), they certainly may.

The Union's response should be "Your hands are NOT tied... View More

The best legal approach would be scheduling a personal or remote meeting with an Illinois licensed employment (labor) law attorney and discussing possible merits on that legal action in a two way format. Without that it is rather impossible to suggest whether your case has merits.

I would NOT list your fraternity as a beneficiary to your 401K, but rather make other arrangements in your estate plan. As to if you can name a specific chapter in your fraternity - that could depend on the fraternity, so I cannot give you a good answer on that, you would need to speak to them.... View More

It protects ALL employees who are Illinois residents.

The vaccines have been approved by the FDA on an emergency basis. Your employer is not forcing the vaccine on you. They are simply saying you can't work for them if you aren't vaccinated. Your choice entirely.

No, the employer does not need to issue you a final paycheck on your last day, even if you request it.

You need to ask a question. Entry level jobs are plentiful and many employers are offering incentives. If this is a new, entry-level position, move on. If racial hostility or hostility against non-Spanish-speaking people is obvious, you may wish to seek a Right to sue letter from the EEOC but... View More

Your employer does not need to pay you for time spent in training programs, but ONLY if they can meet all of the following criteria: (1) the training is outside normal work hours; (2) the training is voluntary (i.e. not required to perform or keep your job); (3) the training is not job-related; and... View More

There is no legal requirement that an employer give you a designated break room or rest area.

If your employer continues to refuse to pay you, then your best bet is to file an action in small claims court in the city you performed the work in to recover the pay you're owed.

I'm sorry to hear about your injury. If you haven't already, you should ask your employer for a light duty assignment supported by a doctor's note indicating the need to do work that does not require standing for long periods of time. The employer would then have the duty to... View More

You can be an at-will employee, but still subject to an agreement to provide certain notice before ending your employment. You should contact an Illinois employment law attorney to review your contract to discuss your options in greater detail.

Federal law does not require employers to offer benefits (such as insurance, retirement plan, PTO, etc.). However, federal law does require you to be paid at least minimum wage for all hours worked, and overtime for all hours worked over 40 in a week (if you're paid by the hour). If... View More

While your situation seems unfair, the only federal laws governing the payment of wages are minimum wage and overtime laws (if you're paid by the hour and work over 40 hours per week). So, as long as your pay is at or above minimum wage, your employer's pay system is not unlawful.

Illinois is an "at will" employment state. This means that you can quit your job at any time or your employer can terminate your job at any time with no obligation to state the reason for the dismissal or termination. The only restriction and termination is that you cannot be terminated... View More

Your employer had absolutely no obligation to pay you during a period of quarantine. You're expected to live, sleep, and eat in close quarters with your husband who was sick. If you have never heard of Typhoid Mary, Google it. Your employer has to protect your fellow employees and has to pay... View More