Employees have rights on the job
It may seem that in the workplace, bosses hold all the cards. They expect their employees to work hard, get to work on time, avoid excessive absenteeism and behave in a friendly and professional manner. Failure to live up to any one of these expectations can have dire consequences, most often, the loss of a job.
While employees are expected to meet certain job requirements, they do have legal rights, however. For example, under the Illinois Prevailing Wage Act, an employer must pay a minimum wage of $7.50 per hour for workers 18 years of age and older. Workers under 18 must be paid $.50 per hour less than the adult minimum wage. An employer who has a special license can pay sub-minimum rates to learners and certain workers with physical limitations. Overtime must be paid after 40 hours of work per week at time and a half of the regular rate.
The law also regulates the employment of workers under 16. Children must have employment certificates, indicating that they are old enough to perform the job. They must also be physically able to perform the work and demonstrate that the job won’t interfere with their education. They may not work in hazardous occupations, and the number of hours they can work are limited. The law prohibits them from working before 7 a.m. or after 7 p.m., except during summer vacation, from June 1 through Labor Day, when they can work until 9 p.m.
Employees are also protected by the Equal Pay Act. Under the act, employers with four or more employees must pay equal wages to men and women for doing the same or similar work requiring equal skill, efforts and responsibility. Workers may be exempt if they have seniority, work for a company with a merit system or a system measuring earnings by quantity or quality of production, or factors other than gender.
Employers who violate the act will be required to make up the wage difference to the employee and may pay legal costs and be subject to fines of up to $2,500 per violation.
Numerous other laws protect employees from issues such as discrimination due to race, sex, national origin, age, religion, marital status, medical condition, sexual orientation or gender identity.
If you believe your rights as an employee have been violated, try to talk to your employer. Many companies want to do the right thing and are eager to work out a solution for employee-related problems. If that fails, you may want to consult with a lawyer.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.