Blog

What Are the Legal Risks of Misclassifying Independent Contractors?

2026-04-20 00:00:00

Misclassifying an employee as an independent contractor is one of the most expensive mistakes a business can make. The longer the misclassification goes on, the worse the exposure gets. If your business uses independent contractors in 2026 and you are not sure whether they are classified correctly, a Schaumburg, IL employer defense lawyer can help you take a look before it turns into a serious problem.

What Is Worker Misclassification?

Worker misclassification happens when a business calls someone an independent contractor when the law says they should be treated as an employee. The title you give a worker does not control how the law sees them. What matters is how the working relationship actually works. If you control when and how the work gets done, provide the tools and equipment, and the work is a core part of your business, courts and government agencies will likely treat that person as an employee, no matter what their contract says.

What Steps Should Employers Take After an FLSA Complaint Is Filed?

2026-03-21 00:00:00

Most employers don't expect an FLSA complaint until it happens. When it does, the pressure to respond quickly and correctly is real, and making mistakes early on can make the situation significantly worse.

If your business is facing an FLSA complaint, you’re not alone. The Department of Labor's Wage and Hour Division handles close to 30,000 FLSA minimum wage and overtime cases a year, and The Miller Law Firm, P.C. represents employers facing wage complaints. Our Schaumburg, IL FLSA litigation lawyer can help you respond the right way and protect your company from unnecessary exposure.

What Is the FLSA, and What Does It Require of Employers?

The Fair Labor Standards Act is the federal law that sets the rules for minimum wage, overtime pay, recordkeeping, and child labor. It applies to most private employers and covers employees who work in interstate commerce or who work for businesses that meet certain size requirements.

What Happens if Employers Accidentally Underpay Employees?

2026-02-16 00:00:00

If you accidentally underpay an employee, you will need to pay the full amount owed. This can feel stressful, especially if the error was unintentional. Many employers rely on payroll systems, time records, and staff input, and mistakes can happen even when you are trying to follow the law.

Wage enforcement is active across the country. According to the U.S. Department of Labor, the agency recovered more than $259 million in back wages for workers in 2025 alone, showing how common wage corrections are for employers.

As of 2026, Illinois employers must follow clear wage and record-keeping laws. The good news is that employers who act quickly to correct mistakes can often resolve the issue and reduce legal risk. Our Schaumburg, IL FLSA litigation lawyer helps employers fix payroll issues and protect their business.

Minimum Wage and Tipped Employees

2026-01-19 00:00:00

For employers, wage compliance is not just about paying employees on time. It is about following detailed rules that can lead to penalties if handled incorrectly. Tipped employees often create added risk because tips can only be used toward wages in limited ways.

As of 2026, the Illinois Department of Labor has confirmed that the state minimum wage is 15 dollars per hour, while allowing a lower cash wage for tipped employees. For employers, misunderstanding this rule is a common source of wage claims and audits. A Schaumburg, IL employment lawyer can help ensure your pay practices meet current legal standards.

How Does Minimum Wage Apply to Tipped Employees in Illinois?

Illinois employers are responsible for making sure every employee earns at least the minimum wage. Tips do not replace wages. They can only be used to make up part of the required pay.

What Happens if Illinois Employers Misclassify Paid Leave as PTO?

2025-12-20 00:00:00

Many Illinois employers believe they can rename existing PTO to comply with the state’s paid leave requirements. As a result, there has been an increase in employment citations against Illinois employers for misclassifying paid leave as traditional PTO. While the two may seem similar, Illinois law treats them very differently. Employers who combine or label paid leave incorrectly could face employee complaints, audits, and penalties.

The issue is not how much leave is offered, but rather how leave is defined and controlled. Regulators are now closely examining how Illinois employers structure, track, and restrict paid leave benefits. Understanding distinctions and keeping workplace policies legally up to date are critical compliance issues that can benefit from input from a Schaumburg, IL employment lawyer.

Why Are Illinois Employers Being Cited for PTO Violations?

Illinois requires employers to provide paid leave that can be used for any reason. While many employers assume their existing paid time off (PTO) policies meet this requirement, this is hardly the case. Many PTO programs do not legally comply with the rules, resulting in employers being cited even when they offer PTO.

How Illinois BIPA Restricts Tracking Remote Employee

2025-11-21 00:00:00

Illinois employers are facing a new compliance challenge: how to monitor remote workers without violating the Biometric Information Privacy Act (740 ILCS 14/). As more employees work from home on company laptops, employers are increasingly using facial recognition logins, identity verification scans, keystroke-tracking tools, and productivity-monitoring software.

Regardless of an employee's location, BIPA’s strict consent, storage, and disclosure rules remain applicable. A seemingly harmless remote-work tool can trigger statutory damages of $1,000 to $5,000 per scan, making surveillance of off-site workers one of the riskiest areas of Illinois employment law today. If you are an Illinois employer with remote or hybrid employees, you must consult with a Schaumburg, IL employment law attorney to ensure you remain in compliance with BIPA.

Reference Checks & Defamation: Legal Risks for Employers

2025-10-17 00:00:00

Business owners want to be honest when a prospective employer calls for a reference. Unfortunately, one misplaced word can potentially trigger a defamation claim by the employee. In Illinois, reference checks walk a tightrope between honesty and liability. While state law grants employers some immunities, those protections only apply if the employer acts in good faith while providing truthful, work-related information.

All Illinois employers must have a solid understanding of what the Illinois Employment Record Disclosure Act allows, as well as how to design policies that protect your business and your reputation. Small business owners, in particular, who are less able to afford to defend a defamation claim, should keep reference policies factual and straightforward, confirming only employment dates, title, and eligibility for rehire.

Can You Fire an Employee for Marijuana Use in Illinois?

2025-09-19 00:00:00

Although Illinois legalized recreational marijuana on January 1, 2020, this does not give employees a free pass to show up to work impaired. Employers must maintain safe, productive workplaces, particularly in industries that involve public safety, healthcare, or transportation. The laws regarding marijuana use in the workplace are nuanced.

Employers must ensure their policies are balanced with employees’ rights under the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/) and other state employment laws. The CRTA explicitly allows employers to maintain a "reasonable zero-tolerance" or drug-free workplace despite the recreational legalization of marijuana.

This does not mean that discipline and termination are always straightforward. The slightest misstep on the part of an employer can result in costly legal battles from wrongful termination or discrimination claims. An experienced Schaumburg, IL employment law attorney can help ensure your business remains free of expensive lawsuits from employees.

Employee vs. Independent Contractor Disputes: Employer’s Burden

2025-08-22 00:00:00

In Illinois, as with all other states, the classification of a worker as an employee vs. an independent contractor has far-reaching consequences for benefits, taxes, and legal protections. An employer who misclassifies a worker can face steep penalties, unpaid wages, and expensive lawsuits. Many employers are unaware that the burden of proof when facing allegations of misclassification falls to them.

When there is a dispute, the employer must demonstrate that the worker meets the legal criteria for independent contractor status, rather than the employee having to show he or she meets the legal criteria for an employee. If you are an Illinois employer facing allegations of misclassification, it is essential that you understand your obligations under the law. Speaking to an experienced Schaumberg, IL employment defense attorney can help you ensure your business remains compliant.

My Overweight Employee is Suing Me for Failure to Accommodate

2025-07-18 00:00:00

If your employee in Illinois is suing you for failure to accommodate a weight-related condition, you may wonder whether obesity qualifies under the law as a disability. This is a question that is not answered simply. The legalities around obesity and workplace accommodation are complex and constantly evolving.

In some situations, obesity could fall under the protections of the Americans with Disabilities Act (ADA) or the Illinois Human Rights Act (IHRA), especially if linked to an underlying medical condition. It is essential that you understand your legal obligations as an employer in situations like these to avoid costly litigation. A Schaumburg, IL employment defense attorney can help ensure that your company remains compliant and free from employee lawsuits.

Can Obesity Be Considered a Disability in Illinois?

Under the ADA and the Illinois Human Rights Act, obesity is not automatically considered a disability. It can, however, be considered a disability if it is the result of an underlying disorder or condition that significantly limits a major life activity. To qualify as a disability, the condition must substantially restrict an individual’s ability to perform "major life activities," which can include working, walking, sitting, or lifting.