Even though workplace discrimination is disappearing in the U.S., many people must still contend with its sting. You may be afraid to come forward because of a stubborn manager, but the good news is you can assert your legal rights without fear of getting fired from your job. Even though Illinois has strict wage and hour laws, certain rules protect a worker's right to pay, hours worked and holiday bonuses - irrespective of their gender, health status, religion, or ethnicity. However, before hiring an attorney, make sure you understand the following facts.
Employers Don't Have to Pay You Overtime for Holidays
There are 14 legally recognized bank holidays in the state of Illinois, with 10 being federal holidays. If one falls on a Sunday, it must be observed the following Monday, but not if it falls on a Saturday. Currently, there are no federal or state policies in place that require these holidays to be treated as paid or unpaid time off work. In other words, employers don't need to pay their employees extra for working on those days or give them the day off.
Employers Can Be Held Accountable for Workplace Discrimination
According to the Illinois Human Rights Act, employers can be held accountable for practices that discriminate against:
- Criminal record
- Age (40+)
- Sexual harassment during employment
- Sexual orientation
- Marital status
- Physical and mental state
- Military status
- Race or color
To take an employer to task for discrimination, you need to file a complaint with the Illinois Department of Human Rights within 180 days of the discriminatory act. An attorney will ensure you get the compensation you deserve.
Overtime Bonuses Are Mandatory in Some Cases
When you work for more than 40 hours a week, your employer should consider those extra hours as overtime and pay you accordingly. These are usually highly paid workers and they must collect the amount due to them in three (3) years or forfeit it. Any employer who has more than one employee must pay their employees overtime. Plus, under the Fair Labor Standards Act, executives, administrators and those who don't work directly with the business are not entitled to overtime unless they are paid more than $455 a week.
Get the Compensation and Bonuses You Deserve by Working with Michael T. Smith
For more than three decades, the Law Office of Michael T. Smith has been working tirelessly to help discriminated employees in Schaumburg and across Illinois. We can help you understand your legal rights and the steps you can take to file a lawsuit. Contact us today by calling (847) 220-5197.