To ensure compliance with Illinois labor and employment laws when hiring new employees, you should take the following steps:
- Verify the employee's eligibility to work in the United States by completing Form I-9 within three days of their hire date. Failure to complete Form I-9 can result in severe penalties for the employer.
- Check that the employee meets any age requirements for the position. For example, the minimum age for employment in Illinois is 14, with some exceptions for those under 16.
- Determine the employee's status as either exempt or non-exempt from wage and hour laws. An exempt employee is one who is exempt from minimum wage and overtime rules due to their job duties or salary level. A non-exempt employee is entitled to receive at least the minimum wage and overtime pay for any hours worked over 40 in a week.
- Ensure that the employee is paid at least the minimum wage, which is $11.00 per hour in Illinois, and provide any required meal and rest breaks.
- Provide a safe and healthy workplace for the employee by complying with all federal, state, and local health and safety regulations.
- Provide any required notifications to the employee, such as required posters on minimum wage and equal employment opportunity.
- Finally, be sure to keep accurate records, including employee names, addresses, Social Security numbers or tax identification numbers, hours worked, and pay rates, which must be retained for a certain period.
It is important to keep in mind that there may be exceptions or additional requirements based on the type of business, the number of employees, and the specific job duties. Reviewing the Illinois Department of Labor guidelines and consulting with an attorney can provide more detailed and customized advice. Additionally, staying current with any changes to labor and employment laws can ensure continued compliance.
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