Because of this, over 80 percent of parents who take time off under FMLA often must do so at the expense of their income—leaving new families financially vulnerable during a critical time in their lives. Much more nuanced than it may initially appear, the issue of paid family leave has gone back and forth on party lines for years. While the Democratic and Republican parties have expressed support for paid family leave, neither party can agree on the details—such as what is covered, and how best to pay for it. To date, only five states (as well as Washington, D.C.) guarantee the right of paid family leave to new parents. Because this is presently such a controversial issue in our country, we have briefly highlighted the main points of contention with the hope that someday, paid family leave can be a right guaranteed to new parents and familial caregivers alike.

Reasons for Paid Family Leave

There are a number of reasons why proponents of paid family leave advocate for the universal right to spend time with their new children immediately following birth and/or adoption, or with sick family members in need of care. These include, but are not limited to:

• Workers with less education and/or lower wages tend to have the least amount of access to paid leave, compared to their college-educated colleagues;
• Working mothers and fathers with few/no options for paid leave may have to return to work immediately following childbirth to avoid losing their jobs, or to avoid losing all of part of their income;
• Family-friendly leave policies positively impact work ethic, and a willingness to return to work by those returning from a leave period.

Reasons against Paid Family Leave

Despite the support for paid family leave across party lines, some lawmakers have taken issue with the effects that the implementation of these policies can have on the workforce, the economy, and the state of smaller businesses who may not be able to afford mandatory paid leave. These concerns include:

• Fears that paid family leave will negatively impact employee turnover, profitability and/or productivity;
• With more Americans supporting paid maternity leave (82 percent) over paid paternity leave (69 percent), a “neutral” paid family leave act could potentially allow some new families to unfairly take advantage of financial assistance at the expense of employers; and
• Disagreement over how much time should be given during paid family leave. A median of 8.6 weeks off for mothers and 4.3 weeks off for fathers during paid family leave has been observed, but no clear length of paid time off has been agreed upon by either side.

Contact an Experienced Employment Law Attorney

Until the details surrounding paid family leave can be worked through, new parents and caregivers alike must continue to utilize the protections guaranteed under the FMLA to take up to 12-weeks of unpaid family leave following the birth or adoption of their child, or the sudden and urgent demand of care by a close family member. We believe that a person’s right to spend time with their new child or a sick family member is one that should be preserved and expanded upon, and we are dedicated to ensuring that any applicable employer respects these rights in the meantime.  If you or a loved one believes that their rights under the FMLA have been violated or have been illegally denied family leave, contact us as soon as possible to discuss how best to take action.

In 2015, 33 million Americans over the age of 55 were employed in part- or full-time roles across all fields. The Equal Employment Opportunity Commission (EEOC) received nearly 21,000 complaints of age discrimination in 2017—demonstrating this problem will grow with the aging workforce. At The Wood Law Office, LLC, we understand that being discriminated against in the workplace for any reason is not only a moral and professional  wrong, but can carry legal consequences as well for those responsible.  If you are protected by ADEA, it is important to understand your legal rights and protections. The Digital Age’s Impact Age discrimination  has increased in the digital age thanks to services like LinkedIn, which allows recruiters and hiring managers to access an “extended resume”  that includes applicants’ age and career length.  This allows hiring managers to favor younger candidates who “can grow with a company or a role” as indicated by their profiles. According to the AARP’s website, two out of three workers between the ages of 45 and 75 reported seeing or experiencing age discrimination, and job seekers over the age of 35 report it being “a top obstacle to getting higher.” Job-seekers see a similar trend in the application-to-hire ratios for older candidates, with some industries being 47 percent less likely to hire a middle-aged or older candidate with the same resume as a younger candidate. To complicate matters further, a 2009 U.S. Supreme Court ruling found that plaintiffs in age discrimination cases must provide proof that age-based discrimination was the deciding  factor in their demotion or termination. Contact an Experienced Employment Attorney As an employee, you deserve to be recognized for your work ethic and contributions—not discriminated against because of your age. State and federal laws protect the rights of older workers to prevent age discrimination, but unfortunately, it is common to hear stories of older workers being passed over for promotions or fired because a younger employee is being favored. If you or a loved one has experienced age discrimination in the workplace, The Wood Law Office, LLC is here to discuss the implications of ADEA with you and determine if you have a claim for age discrimination. Contact us to learn more about your rights as an older worker today.

At The Wood Law Office, LLC, the rights and financial protection of both workers and business owners—according to the Fair Labor Standards Act (FLSA)—are one of our primary concerns.  To best understand how Chicago’s Minimum Wage Ordinance impacts employees and employers alike, we have explored the effects of the ordinance since 2015.

Impact on Employees

During the first two years, at least 330,000 Chicago employees saw a 2.5 percent increase to their income.  The Ordinance has also been linked to a reducing in income inequality because Chicago’s lowest-paid workers saw their income increase (2.7 percent) higher than their median- or higher-paid counterparts (2.3 percent). This wage growth has not come at the expense of job acquisition or the growth of small private businesses.  Higher income rates amplified consumer demand among low-income households and indirectly created new jobs to offset any direct negative impact on employment. “In fact, the unemployment rate actually dropped more in Chicago than the surrounding suburbs, which suggests that higher wages for low-income workers helped stimulate job creation across the local economy through increases in consumer spending,” says Robert Habans, co-author of The Effects of the Chicago Minimum Wage Ordinance: Higher Incomes with Little to No Impact on Employment, Hours, and Businesses in the First Two Years published by the Illinois Economic Policy Institute (IEPI) and the Project for Middle Class Renewal at the University of Illinois at Urbana-Champaign. As the wages in Chicago increased, employment opportunities also grew—positively affecting Chicago’s job market.

Impact on Employers

For many small/mid-sized business owners and employers, evidence from the IEPI study suggests that incremental wage increases has little to no impact on a business’ employment rates or hours.  While there is sometimes a decrease in new hires following a minimum wage increase, there is also a decrease in employee turnover during this time as well—helping business owners save on training, staffing and recruitment costs. While some employers turned to “automated workers” to save money, affected workers found equivalent employment opportunities in other minimum wage positions.  This creates a “net balance” between the rate of employee gain and loss—negating most of the side effects of minimum wage increase. Many Chicago employers have found that the Minimum Wage Ordinance has not affected their ability to hire or retain employees or negatively impacted their profitability.

Contact an Experienced Chicago Employment Law Attorney

Incremental minimum wage increases have had more positive effects for employees and employers than other initiatives have had in the past.  However, you may still be wondering what the long-term implications of the minimum wage increase may look like as an employer, or if your rights under the Minimum Wage Ordinance are being ignored by your boss as an employee. If you are an employer or employee with questions about the Minimum Wage Ordinance, or are concerned that your employer may not be honoring the new minimum wage laws following this year’s increase, contact The Wood Law Office, LLC to discuss your concerns today.

Major changes are coming to the Illinois Department of Human Rights and Illinois Human Rights Commission.  Upon signing by Governor Rauner, the amendments to the Illinois Human Rights Act will remove administrative hurdles for employees seeking to bring IHRA claims at the Human Rights Commission or in state or federal court.  A faster administrative process should be welcomed by both employees and employers.

Key changes include:

300 Days to File. Employees now have 300 days from the alleged civil rights violation to file a charge of discrimination with the IDHR.  775 ILCS 5/7A-102(A)(A-1).  This increase from 180 days brings the IDHR in line with the EEOC’s charge filing deadline. Opt-Out. Under the amendments, charging parties can opt-out of the IDHR’s investigation process.  Within 60 days of receiving an IDHR notice, employees may elect to opt-out of the IDHR’s investigation process and receive a notice stating that the employee can file an action in Illinois circuit court within 90 days.  5/7A-102(B) and (C-1). With IDHR investigations often taking one full year to complete, this provision will allow employees to proceed to court with their IHRA claims much faster. Deadlines for EEOC’s Determination.  This amendment gives the IDHR deadlines to adopt the EEOC’s determination of a charge investigation when the employee does not request the IDHR’s adoption of the EEOC’s determination.  The Amendments do not eliminate the 35-day period employees have to request that IDHR review or adopt the EEOC’s determination, but they do shorten the wait to receive an IDHR adoption.  If the employee gives “timely” notice, the IDHR will adopt the EEOC’s determination of a charge investigation and notify employees and employers within 10 business days after receiving the EEOC’s determination.  5/7A-102(A-1).  If the employee does not request a review of the EEOC’s determination, then the IDHR must notify the employee of its adoption of the EEOC’s determination 10 business days after the expiration of the 35-day period. Id. Court Filing Leads to Charge’s Dismissal.  If an employee has a charge before the IDHR and a factually-related case pending in state court, federal court, or administrative proceeding, then the IDHR will now dismiss the charge instead of staying the investigation.  5/7/109.1.  With this dismissal, employees can bring their IHRA claims into their pending lawsuit.  Like the deadlines for adoption of EEOC determinations, this provision should help employees who receive an EEOC Right to Sue letter pursue all claims in court simultaneously instead of having potentially duplicative lawsuits. Not Retroactive.  The amendments will not apply retroactively to charges currently pending with the IDHR if the Amendments become law.  7A-102(L). Commission Structural Changes.  The amendments change the makeup of the Commission and compensation of commissions. Ultimately, these amendments should result in fewer delays in the administrative process for employees and employers.  The lengthening of the deadline to file an IDHR charge gives employees and employers more time for pre-filing settlement negotiations. For cases that cannot be resolved, employees can bring their claims to court much faster thanks to the opt-out provision.  An employee can file their charge with the IDHR and be in court less than six months.  If an employee exercises the opt-out provision, the employer will know much earlier if the employee intends to fully purse their claims.  With this knowledge, employers can allocate their resources for their defense in court instead of expending those resources in the administrative process. Coordinating the administrative process with the EEOC’s deadlines also helps employers avoid multiple amendments to the employee’s complaint when they finally receive the appropriate notices. With a more efficient IDHR process, employees and employers should be able to narrow their focus to the merits of their cases instead dealing with unnecessary administrative procedural issues. Hopefully, Governor Rauner will see the benefits that the amendments offer to all parties and sign them into law.

As Black History Month comes to a close, we should pause and take perspective about it and steps we can take to celebrate Black History beyond February. Supporting local, black-owned businesses in Illinois is one way to celebrate Black History Month throughout the remainder of the year.

A Short History of Black History Month

From its earliest inception as “Negro History Week” in 1926, Black History Month has become an annual celebration of the societal impact that black American figures have had on science, cultural practices and social reform both domestically and abroad. Black History Month has become one of America’s most prolific cultural occurrences since its formal beginnings in 1976.

Marketing During Black History Month

Innumerable companies celebrate Black History Month through advertising campaigns. But, according to a 2005 Washington Post article, Black History Month and advertising generally does not mix well.

The Heineken Campaign

Take, for example, the 2012 Heineken art competition that coincided with Black History Month. According to the rules of the competition, users were encouraged to like the Heineken page on Facebook and submit art that served as a “representation of black history and the spirit of the Heineken brand.” In the case of Heineken, though, many criticized that it appeared as though the historic accomplishments of black Americans served only as the backdrop to Heineken’s advertising, a complimentary factor through which the company was able to generate traffic. For Heineken, though, this wasn’t just an ordinary marketing—this was a competition that celebrated the Heineken brand and then Black History Month. While some marketing campaigns avoid a specific push towards their own products—such as Allstate’s 2016 “Worth Telling” campaign—many advertising campaigns put out under the guise of “celebrating” Black History Month by larger corporations have often been at the expense of smaller black-owned businesses. This begs an important question: “Who ultimately benefits from Black History Month advertising campaigns?” The beneficiaries to these ad campaigns are very often not black entrepreneurs or black-owned businesses, but the corporations sponsoring campaigns which “celebrate” Black history.

Celebrate History by Supporting Black-Owned Businesses in Illinois

With business in mind, it becomes particularly important to acknowledge the presence of black business owners, and to support local black-owned businesses in Illinois that would otherwise be swept under the rug by larger marketing campaigns. In Illinois alone, nearly 100% of businesses across the state are small, locally-owned businesses with less than 500 employees; of these small businesses, nearly 12% of them are owned and operated by black Americans. In the spirit of Black History Month, Illinois’ locally owned black businesses deserve to be recognized and supported year-round, and we have compiled a list of resources for finding a black-owned business near you. With February nearing an end, how can we ensure support and revenue for black-owned businesses during the remaining months of the year?

Finding Black-Owned Businesses in Illinois

Social Media

The best way to find a local black-owned business in Illinois is, not surprisingly, right at your fingertips: your phone. In the age of social media apps like Yelp! and Facebook, finding businesses in any industry (food, clothing, legal services, etc.) that is black-owned and operated is easier than ever. Often, many businesses will advertise their services in sponsored posts that often go viral on their own accord—particularly in the food industry. By browsing Facebook or searching for local black-owned businesses, finding a new small business to support can be done in as little as 60 seconds.

Business-Specific Resource Guides

While a Google search of “black-owned businesses near me” can yield satisfying results, websites which specifically highlight black-owned businesses exist to help make the search even simpler and, perhaps more appealing, specifically local. Some examples of website which highlight black-owned businesses in the Chicagoland area are: • Black Owned Chicago • Support Black Owned (Illinois) • Black Chicago Eats

Local Highlights

Like Facebook, many online publications and bloggers are now highlighting the accomplishments and specialties of black-owned businesses across Illinois and in the Chicagoland area. Some of these include: • Shoppe Black • Nikki and the City’s “Black Owned Businesses in Chicago” The next time you and your loved ones decide to eat out, shop for clothes, or require services from a small business, consider supporting your local black-owned businesses. In the age of digital advertising, your patronage and sharing of their pages has the potential to make an impact on the market and increase the presence of black-owned businesses in Black History Month and beyond.