With a $15/hour minimum wage looming, Illinois employers should make certain they are well aware of Illinois wage and hour laws. From overtime, to minimum wage, to 1 Day Rest in 7 requirements, there are many pitfalls for Illinois based employers to identify and avoid. In fact, the stakes will soon be so crippling that getting “it” wrong could kill the business. On February 8, 2019, the Senate passed Senate Bill 0001 (SB0001). It was passed by the House of Representatives on February 15, 2019 and signed by the Governor into law effective February 19, 2019. While SB1 will raise the minimum wage, the damages for not calculating minimum wage or paying overtime (even if it’s caused by clerical mistakes or a rogue supervisor’s ignorance) will soon be so financially punitive that a business could face financial peril.
In addition, Illinois is now poised to expressly encourage the Illinois Department of Labor to conduct random wage/hour audits. Employers often do not fully understand the plethora of laws and regulations impacting wage/hour in Illinois. Human Resource and Payroll Managers, as well as Business Owners, are especially in the dark concerning the potential for individual liability under wage and hour laws. Ignorance of the law or negligence in administering
payroll is NOT a defense. You either “get it right” or “get it wrong.”