Labor Law Posters Labor law compliance is crucial. The Labor Law Poster subscriptions help make employment posting compliance hassle-free, so you can focus on your business. Each subscription includes one federal poster and one state poster, and you’ll automatically receive revised posters—at no additional cost—whenever a mandatory state or federal change occurs. Sign up for one year or three years of automatic updates delivered to your office. Key Features • Laminated two-poster set includes one poster with state postings (poster sizes range from 20” W x 24” H to 50” W x 24” H, depending on the state’s postings) and one poster with federal postings (poster size 20” W x 24” H) • Available in English and Spanish for all 50 states, plus the District of Columbia and Puerto Rico • Available in a 1-year or 3-year subscription service • Ensures compliance at the federal and state levels • Accurate and up-to-date NOTE: Due to local/municipal and industry specific labor laws, your company may be required to post additional notices we do not offer. In some states, employers also need to display additional postings available only from the state or an insurance carrier. P08621 1-Year Subscription with State and Federal Posters | $99.95 P08721 3-Year Subscription with State and Federal Posters | $199.95 Copyright 2021 J. J. Keller & Associates, Inc. • Neenah, WI • Printed in the USA This poster is in compliance with federal posting requirements. AUG2016 TWO ways to verify poster compliance! QR CODE ONLINE Scan with phone camera: OR 62620 To update your labor law posters contact J. J. Keller & Associates, Inc. JJKeller.com/laborlaw 800-327-6868 Go to: JJKeller.com/LLPverify Enter this code: 62620-082016 FEDERAL Labor Laws POSTER COMPLIANCE DATE 08/2016 The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre‑employment screening or during the course of employment. PROHIBITIONS Employers are generally prohibited from requiring or requesting any employee or job applicant to take a lie detector test, and from discharging, disciplining, or discriminating against an employee or prospective employee for refusing to take a test or for exercising other rights under the Act. EXEMPTIONS Federal, State and local governments are not affected by the law. Also, the law does not apply to tests given by the Federal Government to certain private individuals engaged in national security-related activities. The Act permits polygraph (a kind of lie detector) tests to be administered in the private sector, subject to restrictions, to certain prospective employees of security service firms (armored car, alarm, and guard), and of pharmaceutical manufacturers, distributors and dispensers. The Act also permits polygraph testing, subject to restrictions, of certain employees of private firms who are reasonably suspected of involvement in a workplace incident (theft, embezzlement, etc.) that resulted in economic loss to the employer. The law does not preempt any provision of any State or local law or any collective bargaining agreement which is more restrictive with respect to lie detector tests. EXAMINEE RIGHTS Where polygraph tests are permitted, they are subject to numerous strict standards concerning the conduct and length of the test. Examinees have a number of specific rights, including the right to a written notice before testing, the right to refuse or discontinue a test, and the right not to have test results disclosed to unauthorized persons. ENFORCEMENT The Secretary of Labor may bring court actions to restrain violations and assess civil penalties against violators. Employees or job applicants may also bring their own court actions. THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT. DEPARTMENT OF LABOR UNITED STATES OF AMERICA WHD WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR 1‑866‑487‑9243 TTY: 1-877-889-5627 www.dol.gov/whd WH1462 Employee Rights Employee Polygraph Protection Act REV. 07/2016 USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. REEMPLOYMENT RIGHTS You have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and: • you ensure that your employer receives advance written or verbal notice of your service • you have five years or less of cumulative service in the uniformed services while with that particular employer • you return to work or apply for reemployment in a timely manner after conclusion of service and • you have not been separated from service with a disqualifying discharge or under other than honorable conditions. If you are eligible to be reemployed, you must be restored to the job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job. RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION If you: • are a past or present member of the uniformed service • have applied for membership in the uniformed service or • are obligated to serve in the uniformed service then an employer may not deny you: • initial employment • reemployment • retention in employment • promotion or • any benefit of employment because of this status. In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection. HEALTH INSURANCE PROTECTION • If you leave your job to perform military service, you have the right to elect to continue your existing employer-based health plan coverage for you and your dependents for up to 24 months while in the military. • Even if you don’t elect to continue coverage during your military service, you have the right to be reinstated in your employer’s health plan when you are reemployed, generally without any waiting periods or exclusions (e.g., pre-existing condition exclusions) except for service-connected illnesses or injuries. ENFORCEMENT • The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations. • For assistance in filing a complaint, or for any other information on USERRA, contact VETS at 1‑866‑4‑USA‑DOL or visit its website at http://www.dol.gov/vets. An interactive online USERRA Advisor can be viewed at http://www.dol.gov/elaws/userra.htm. • If you file a complaint with VETS and VETS is unable to resolve it, you may request that your case be referred to the Department of Justice or the Office of Special Counsel, as applicable, for representation. • You may also bypass the VETS process and bring a civil action against an employer for violations of USERRA. The rights listed here may vary depending on the circumstances. The text of this notice was prepared by VETS, and may be viewed on the internet at this address: http://www.dol.gov/vets/programs/userra/poster.htm. Federal law requires employers to notify employees of their rights under USERRA, and employers may meet this requirement by displaying the text of this notice where they customarily place notices for employees. U.S. Department of Labor • 1-866-487-2365 U.S. Department of Justice Office of Special Counsel Employer Support of the Guard and Reserve • 1-800-336-4590 Your Rights Under USERRA The Uniformed Services Employment and Reemployment Rights Act Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Applicants to and employees of most private employers, state and local governments, educational institutions, employment agencies and labor organizations are protected under Federal law from discrimination on the following bases: RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN Title VII of the Civil Rights Act of 1964, as amended, protects applicants and employees from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex (including pregnancy), or national origin. Religious discrimination includes failing to reasonably accommodate an employee’s religious practices where the accommodation does not impose undue hardship. DISABILITY Title I and Title V of the Americans with Disabilities Act of 1990, as amended, protect qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship. AGE The Age Discrimination in Employment Act of 1967, as amended, protects applicants and employees 40 years of age or older from discrimination based on age in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. SEX (WAGES) In addition to sex discrimination prohibited by Title VII of the Civil Rights Act, as amended, the Equal Pay Act of 1963, as amended, prohibits sex discrimination in the payment of wages to women and men performing substantially equal work, in jobs that require equal skill, effort, and responsibility, under similar working conditions, in the same establishment. GENETICS Title II of the Genetic Information Nondiscrimination Act of 2008 protects applicants and employees from discrimination based on genetic information in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. GINA also restricts employers’ acquisition of genetic information and strictly limits disclosure of genetic information. Genetic information includes information about genetic tests of applicants, employees, or their family members the manifestation of diseases or disorders in family members (family medical history) and requests for or receipt of genetic services by applicants, employees, or their family members. RETALIATION All of these Federal laws prohibit covered entities from retaliating against a person who files a charge of discrimination, participates in a discrimination proceeding, or otherwise opposes an unlawful employment practice. WHAT TO DO IF YOU BELIEVE DISCRIMINATION HAS OCCURRED There are strict time limits for filing charges of employment discrimination. To preserve the ability of EEOC to act on your behalf and to protect your right to file a private lawsuit, should you ultimately need to, you should contact EEOC promptly when discrimination is suspected: The U.S. Equal Employment Opportunity Commission (EEOC), 1-800-669-4000 (toll-free) or 1-800-669-6820 (toll-free TTY number for individuals with hearing impairments). EEOC field office information is available at www.eeoc.gov or in most telephone directories in the U.S. Government or Federal Government section. Additional information about EEOC, including information about charge filing, is available at www.eeoc.gov. Employers Holding Federal Contracts or Subcontracts Applicants to and employees of companies with a Federal government contract or subcontract are protected under Federal law from discrimination on the following bases: RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN Executive Order 11246, as amended, prohibits job discrimination on the basis of race, color, religion, sex or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment. INDIVIDUALS WITH DISABILITIES Section 503 of the Rehabilitation Act of 1973, as amended, protects qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship. Section 503 also requires that Federal contractors take affirmative action to employ and advance in employment qualified individuals with disabilities at all levels of employment, including the executive level. DISABLED, RECENTLY SEPARATED, OTHER PROTECTED, AND ARMED FORCES SERVICE MEDAL VETERANS The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, prohibits job discrimination and requires affirmative action to employ and advance in employment disabled veterans, recently separated veterans (within three years of discharge or release from active duty), other protected veterans (veterans who served during a war or in a campaign or expedition for which a campaign badge has been authorized), and Armed Forces service medal veterans (veterans who, while on active duty, participated in a U.S. military operation for which an Armed Forces service medal was awarded). RETALIATION Retaliation is prohibited against a person who files a complaint of discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination under these Federal laws. Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under the authorities above should contact immediately: The Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210, 1-800-397-6251 (toll- free) or (202) 693-1337 (TTY). OFCCP may also be contacted by e-mail at OFCCP-Public@dol.gov, or by calling an OFCCP regional or district office, listed in most telephone directories under U.S. Government, Department of Labor. Programs or Activities Receiving Federal Financial Assistance RACE, COLOR, NATIONAL ORIGIN, SEX In addition to the protections of Title VII of the Civil Rights Act of 1964, as amended, Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of race, color or national origin in programs or activities receiving Federal financial assistance. Employment discrimination is covered by Title VI if the primary objective of the financial assistance is provision of employment, or where employment discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employment discrimination on the basis of sex in educational programs or activities which receive Federal financial assistance. INDIVIDUALS WITH DISABILITIES Section 504 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of disability in any program or activity which receives Federal financial assistance. Discrimination is prohibited in all aspects of employment against persons with disabilities who, with or without reasonable accommodation, can perform the essential functions of the job. If you believe you have been discriminated against in a program of any institution which receives Federal financial assistance, you should immediately contact the Federal agency providing such assistance. EEOC 9/02 and OFCCP 8/08 Versions Useable With 11/09 Supplement EEOC-P/E-1 Equal Employment Opportunity is THE LAW REV. 11/2009 FEDERAL MINIMUM WAGE $7.25 PER HOUR BEGINNING JULY 24, 2009 The law requires employers to display this poster where employees can readily see it. OVERTIME PAY At least 1½ times the regular rate of pay for all hours worked over 40 in a workweek. CHILD LABOR An employee must be at least 16 years old to work in most non-farm jobs and at least 18 to work in non-farm jobs declared hazardous by the Secretary of Labor. Youths 14 and 15 years old may work outside school hours in various non- manufacturing, non-mining, non-hazardous jobs with certain work hours restrictions. Different rules apply in agricultural employment. TIP CREDIT Employers of “tipped employees” who meet certain conditions may claim a partial wage credit based on tips received by their employees. Employers must pay tipped employees a cash wage of at least $2.13 per hour if they claim a tip credit against their minimum wage obligation. If an employee’s tips combined with the employer’s cash wage of at least $2.13 per hour do not equal the minimum hourly wage, the employer must make up the difference. NURSING MOTHERS The FLSA requires employers to provide reasonable break time for a nursing mother employee who is subject to the FLSA’s overtime requirements in order for the employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has a need to express breast milk. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by the employee to express breast milk. ENFORCEMENT The Department has authority to recover back wages and an equal amount in liquidated damages in instances of minimum wage, overtime, and other violations. The Department may litigate and/or recommend criminal prosecution. Employers may be assessed civil money penalties for each willful or repeated violation of the minimum wage or overtime pay provisions of the law. Civil money penalties may also be assessed for violations of the FLSA’s child labor provisions. Heightened civil money penalties may be assessed for each child labor violation that results in the death or serious injury of any minor employee, and such assessments may be doubled when the violations are determined to be willful or repeated. The law also prohibits retaliating against or discharging workers who file a complaint or participate in any proceeding under the FLSA. ADDITIONAL INFORMATION • Certain occupations and establishments are exempt from the minimum wage, and/or overtime pay provisions. • Special provisions apply to workers in American Samoa, the Commonwealth of the Northern Mariana Islands, and the Commonwealth of Puerto Rico. • Some state laws provide greater employee protections employers must comply with both. • Some employers incorrectly classify workers as “independent contractors” when they are actually employees under the FLSA. It is important to know the difference between the two because employees (unless exempt) are entitled to the FLSA’s minimum wage and overtime pay protections and correctly classified independent contractors are not. • Certain full-time students, student learners, apprentices, and workers with disabilities may be paid less than the minimum wage under special certificates issued by the Department of Labor. DEPARTMENT OF LABOR UNITED STATES OF AMERICA WHD WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR 1‑866‑487‑9243 TTY: 1-877-889-5627 www.dol.gov/whd WH1088 Employee Rights Under the Fair Labor Standards Act REV. 07/2016 REV. 04/2017 All workers have the right to: ƒ A safe workplace. ƒ Raise a safety or health concern with your employer or OSHA, or report a work- related injury or illness, without being retaliated against. ƒ Receive information and training on job hazards, including all hazardous substances in your workplace. ƒ Request a confidential OSHA inspection of your workplace if you believe there are unsafe or unhealthy conditions. You have the right to have a representative contact OSHA on your behalf. ƒ Participate (or have your representative participate) in an OSHA inspection and speak in private to the inspector. ƒ File a complaint with OSHA within 30 days (by phone, online or by mail) if you have been retaliated against for using your rights. ƒ See any OSHA citations issued to your employer. ƒ Request copies of your medical records, tests that measure hazards in the workplace, and the workplace injury and illness log. Employers must: ƒ Provide employees a workplace free from recognized hazards. It is illegal to retaliate against an employee for using any of their rights under the law, including raising a health and safety concern with you or with OSHA, or reporting a work-related injury or illness. ƒ Comply with all applicable OSHA standards. ƒ Notify OSHA within 8 hours of a workplace fatality or within 24 hours of any work-related inpatient hospitalization, amputation, or loss of an eye. ƒ Provide required training to all workers in a language and vocabulary they can understand. ƒ Prominently display this poster in the workplace. ƒ Post OSHA citations at or near the place of the alleged violations. On-Site Consultation services are available to small and medium-sized employers, without citation or penalty, through OSHA-supported consultation programs in every state. Contact OSHA. We can help. 1-800-321-OSHA (6742) • TTY 1-877-889-5627 • www.osha.gov This poster is available free from OSHA. Job Safety and Health IT’S LAW! U.S. Department of Labor LEAVE ENTITLEMENTS Eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the following reasons: • The birth of a child or placement of a child for adoption or foster care • To bond with a child (leave must be taken within 1 year of the child’s birth or placement) • To care for the employee’s spouse, child, or parent who has a qualifying serious health condition • For the employee’s own qualifying serious health condition that makes the employee unable to perform the employee’s job • For qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse, child, or parent. An eligible employee who is a covered servicemember’s spouse, child, parent, or next of kin may also take up to 26 weeks of FMLA leave in a single 12-month period to care for the servicemember with a serious injury or illness. An employee does not need to use leave in one block. When it is medically necessary or otherwise permitted, employees may take leave intermittently or on a reduced schedule. Employees may choose, or an employer may require, use of accrued paid leave while taking FMLA leave. If an employee substitutes accrued paid leave for FMLA leave, the employee must comply with the employer’s normal paid leave policies. BENEFITS & PROTECTIONS While employees are on FMLA leave, employers must continue health insurance coverage as if the employees were not on leave. Upon return from FMLA leave, most employees must be restored to the same job or one nearly identical to it with equivalent pay, benefits, and other employment terms and conditions. An employer may not interfere with an individual’s FMLA rights or retaliate against someone for using or trying to use FMLA leave, opposing any practice made unlawful by the FMLA, or being involved in any proceeding under or related to the FMLA. ELIGIBILITY REQUIREMENTS An employee who works for a covered employer must meet three criteria in order to be eligible for FMLA leave. The employee must: • Have worked for the employer for at least 12 months • Have at least 1,250 hours of service in the 12 months before taking leave * and • Work at a location where the employer has at least 50 employees within 75 miles of the employee’s worksite. *Special “hours of service” requirements apply to airline flight crew employees. REQUESTING LEAVE Generally, employees must give 30-days’ advance notice of the need for FMLA leave. If it is not possible to give 30-days’ notice, an employee must notify the employer as soon as possible and, generally, follow the employer’s usual procedures. Employees do not have to share a medical diagnosis, but must provide enough information to the employer so it can determine if the leave qualifies for FMLA protection. Sufficient information could include informing an employer that the employee is or will be unable to perform his or her job functions, that a family member cannot perform daily activities, or that hospitalization or continuing medical treatment is necessary. Employees must inform the employer if the need for leave is for a reason for which FMLA leave was previously taken or certified. Employers can require a certification or periodic recertification supporting the need for leave. If the employer determines that the certification is incomplete, it must provide a written notice indicating what additional information is required. EMPLOYER RESPONSIBILITIES Once an employer becomes aware that an employee’s need for leave is for a reason that may qualify under the FMLA, the employer must notify the employee if he or she is eligible for FMLA leave and, if eligible, must also provide a notice of rights and responsibilities under the FMLA. If the employee is not eligible, the employer must provide a reason for ineligibility. Employers must notify its employees if leave will be designated as FMLA leave, and if so, how much leave will be designated as FMLA leave. ENFORCEMENT Employees may file a complaint with the U.S. Department of Labor, Wage and Hour Division, or may bring a private lawsuit against an employer. The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights. DEPARTMENT OF LABOR UNITED STATES OF AMERICA WHD For additional information or to file a complaint: 1-866-4-USWAGE (1-866-487-9243) TTY: 1-877-889-5627 www.dol.gov/whd U.S. Department of Labor • Wage and Hour Division • WH1420 United States Department of Labor FLSA Employee Rights Under the Family and Medical Leave Act The United States Department of Labor Wage and Hour Division FMLA EEO Equal Employment Opportunity Commission (EEOC) REV. 04/2016 United States Department of Labor United States Department of Labor EPPA USERRA Copyright 2021 J. J. Keller & Associates, Inc. • Neenah, WI • Printed in the USA This poster is in compliance with state posting requirements. MAR2021 TWO ways to verify poster compliance! QR CODE ONLINE Scan with phone camera: OR 62802 To update your labor law posters contact J. J. Keller & Associates, Inc. JJKeller.com/laborlaw 800-327-6868 Go to: JJKeller.com/LLPverify Enter this code: 62802-032021 ILLINOIS Labor Laws POSTER COMPLIANCE DATE 03/2021 Discrimination VESSA Unemployment Ins. Payday Are you pregnant, recovering from childbirth, or do you have a medical or common condition related to pregnancy? If so, you have the right to: • Ask your employer for a reasonable accommodation for your pregnancy, such as more frequent bathroom breaks, assistance with heavy work, a private space for expressing milk, or time off to recover from your pregnancy. • Reject an unsolicited accommodation offered by your employer for your pregnancy. • Continue working during your pregnancy if a reasonable accommodation is available which would allow you to continue performing your job. Your employer cannot: • Discriminate against you because of your pregnancy. • Retaliate against you because you requested a reasonable accommodation. It is illegal for your employer to fire you, refuse to hire you or to refuse to provide you with a reasonable accommodation because of your pregnancy. For more information regarding your rights, download the Illinois Department of Human Rights’ fact sheet from our website at www.illinois.gov/dhr Es ilegal que su empleador la despida, se niegue a contratarla o a proporcionarle una adaptación razonable a causa de su embarazo. Para obtener información sobre el embarazo y sus derechos en el lugar de trabajo en español, visite: www.illinois.gov/dhr ILLINOIS DEPARTMENT OF Human Rights For immediate help or if you have questions regarding your rights. Call (312) 814‑6200 or (217) 785‑5100 or (866) 740‑3953 (TTY) CHICAGO OFFICE 100 WEst RAndOlpH stREEt, 10tH FlOOR IntAkE UnIt CHICAGO, Il 60601 (312) 814-6200 spRInGFIEld OFFICE 222 sOUtH COllEGE st., ROOm 101-A IntAkE UnIt spRInGFIEld, Il 62704 (217) 785-5100 The charge process may be initiated by completing the form at: http://www.illinois.gov/dhr IDHR ENG . web . IOCI17-0405 Workers’ Compensation is a system of benefits provided by law to most workers who have job-related injuries or illnesses. Benefits are paid for injuries that are caused, in whole or in part, by an employee’s work. This may include the aggravation of a pre-existing condition, injuries brought on by the repetitive use of a part of the body, heart attacks, or any other physical problem caused by work. Benefits are paid regardless of fault. IF YOU HAVE A WORK‑RELATED INJURY OR ILLNESS, TAKE THE FOLLOWING STEPS: 1. GET MEDICAL ASSISTANCE. By law, your employer must pay for all necessary medical services required to cure or relieve the effects of the injury or illness. Where necessary, the employer must also pay for physical, mental, or vocational rehabilitation, within prescribed limits. The employee may choose two physicians, surgeons, or hospitals. If the employer notifies you that it has an approved Preferred Provider Program for workers’ compensation, the PPP counts as one of your two choices of providers. 2. NOTIFY YOUR EMPLOYER. You must notify your employer of the accidental injury or illness within 45 days, either orally or in writing. To avoid possible delays, it is recommended the notice also include your name, address, telephone number, Social Security number, and a brief description of the injury or illness. 3. LEARN YOUR RIGHTS. Your employer is required by law to report accidents that result in more than three lost work days to the Workers’ Compensation Commission. Once the accident is reported, you should receive a handbook that explains the law, benefits, and procedures. If you need a handbook, please call the Commission or go to the Web site. If you must lose time from work to recover from the injury or illness, you may be entitled to receive weekly payments and necessary medical care until you are able to return to work that is reasonably available to you. It is against the law for an employer to harass, discharge, refuse to rehire or in any way discriminate against an employee for exercising his or her rights under the Workers’ Compensation or Occupational Diseases Acts. If you file a fraudulent claim, you may be penalized under the law. 4. KEEP WITHIN THE TIME LIMITS. Generally, claims must be filed within three years of the injury or disablement from an occupational disease, or within two years of the last workers’ compensation payment, whichever is later. Claims for pneumoconiosis, radiological exposure, asbestosis, or similar diseases have special requirements. Injured workers have the right to reopen their case within 30 months after an award is made if the disability increases, but cases that are resolved by a lump-sum settlement contract approved by the Commission cannot be reopened. Only settlements approved by the Commission are binding. For more information, go to the Illinois Workers’ Compensation Commission’s Web site or call any office: Toll-free: 866/352-3033 Web site: www.iwcc.il.gov Chicago: 312/814-6611 Collinsville: 618/346-3450 Peoria: 309/671-3019 Rockford: 815/987-7292 Springfield: 217/785-7087 TDD (Deaf): 312/814-2959 BY LAW, EMPLOYERS MUST DISPLAY THIS NOTICE IN A PROMINENT PLACE IN EACH WORKPLACE AND COMPLETE THE INFORMATION BELOW. pARty HAndlInG WORkERs ’ COmpEnsAtIOn ClAIms BUsInEss AddREss BUsInEss pHOnE EFFECtIvE dAtE tERmInAtIOn dAtE pOlICy nUmBER EmplOyER’s FEIn ICPN 10/11 NOTICE to workers about Unemployment Insurance Benefits THE POSTING OF THIS NOTICE IS REQUIRED BY THE ILLINOIS UNEMPLOYMENT INSURANCE ACT. FILING A CLAIM The Illinois Unemployment Insurance Act provides for the payment of benefits to eligible unemployed workers and for the collection of employer contributions from liable employers. It is designed to provide living expenses while new employment is sought. Claims should be filed as soon as possible after separation from employment. Claims can be filed online at www.ides.illinois.gov or at the nearest Illinois Department of Employment Security office to the worker’s home. To be eligible for benefits, an unemployed individual must be available for work, able to work and actively seeking work and, in addition, must not be disqualified under any provisions of the Illinois Unemployment Insurance Act. Each employer shall deliver the pamphlet “What Every Worker Should Know About Unemployment Insurance” to each worker separated from employment for an expected duration of seven or more days. The pamphlet shall be delivered to the worker at the time of separation or, if delivery is impracticable, mailed within five days after the date of the separation to the worker’s last known address. Pamphlets shall be supplied by the Illinois Department of Employment Security to each employer without cost. A claimant may also be entitled to receive, in addition to the weekly benefit amount, an allowance for a non-working spouse or a dependent child or children. The allowance is a percentage of the average weekly wage of the claimant in his or her base period. The weekly benefit amount plus any allowance for a dependent make up the total amount payable. If, during a calendar week an employee does not work full-time because of lack of work, he or she may be eligible for partial benefits if the wages earned in such calendar week are less than his or her weekly benefit amount. For any such week, employers should provide employees with a statement of “low earnings” which should be taken to their Illinois Department of Employment Security office. NOTE: Illinois unemployment insurance benefits are paid from a trust fund to which only employers contribute. No deductions may be made from the wages of workers for this purpose. Unemployment insurance information is available from any Illinois Department of Employment Security office. To locate the office nearest you, call 1-800-244-5631 or access the locations though our website at www.ides.illinois.gov. BENEFITS Every claimant who files a new claim for unemployment insurance benefits must serve an unpaid waiting week for which he has filed and is otherwise eligible. The claimant’s weekly benefit amount is usually a percentage of the worker’s average weekly wage. The worker’s average weekly wage is computed by dividing the wages paid during the two highest quarters of the base period by 26. The maximum weekly benefit amount is a percentage of the statewide average weekly wage. The minimum weekly benefit amount is $51. The statewide average weekly wage is calculated each year. If Your Benefit Year Begins: Your Base Period Will Be: This year between: Last year between: Jan. 1 and March 31 Jan. 1 and Sept. 30 and the year before between Oct. 1 and Dec. 31 This year between: Last year between: April 1 and June 30 Jan. 1 and Dec. 31 This year between: Last year between: July 1 and Sept. 30 April 1 and Dec. 31 and this year between Jan. 1 and March 31 This year between: Last year between: Oct. 1 and Dec. 31 July 1 and Dec. 31 and this year between Jan. 1 and June 30 In order to be monetarily eligible, a claimant must be paid a minimum of $1,600 during the base period with at least $440 of that amount being paid outside the highest calendar quarter. If you have been awarded temporary total disability benefits under a workers’ compensation act or other similar acts, or if you only have worked within the last few months, your base period may be determined differently. Contact your local IDES office for more information. REPORTING TIPS Each employee who receives tips must report these tips to employers on a written statement or on Form UC-51, “Employee’s Report of Tips,” in duplicate. Employers can furnish this form on request. The report shall be submitted on the day the wages are paid, or not later than the next payday, and shall include the amount of tips received during the pay period. TAXATION OF BENEFITS Unemployment insurance benefits are taxable if you are required to file a state or federal income tax return. You may choose to have federal and/or Illinois state income tax withheld from your weekly benefits. Since benefits are not subject to mandatory income tax withholding, if you do not choose to withhold, you may be required to make estimated tax payments using Internal Revenue Service Form 1040 ES and Illinois Department of Revenue Form IL 1040 ES. For additional information, call these toll-free numbers: Internal Revenue Service 1-800-829-1040. Illinois Department of Revenue 1-800-732-8866. This poster fulfills all posting requirements for the Illinois Department of Employment Security. EMPLOYERS ARE REQUIRED TO POST THIS NOTICE IN A CONSPICUOUS PLACE FOR ALL EMPLOYEES. Pregnancy and your RIGHTS in the WORKPLACE Workers’ Compensation REV. 02/2017 REV. 10/2011 REV. 08/2012 NOTICE: This state has its own minimum wage law. Employers are also required to display the federal Employee Rights Under the Fair Labor Standards Act posting, which indicates the federal minimum wage. Where federal and state rates both apply to an employee, the U.S. Department of Labor dictates that the employee is entitled to the higher minimum wage rate. THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY. $11.00 per 1, and • to employers 4 or are even if are not by Wage Law and some workers may be paid less than the minimum For more information, visit our Increases schedule above). • Tipped Employees: Must be paid at least 60% of the applicable minimum wage. If an tips the the employer not the wage, the employer must make up the difference. • Overtime: Most hourly employees and some salaried employees are covered by the overtime law and must be compensated at time and one-half of their regular pay for hours worked over 40 in a workweek. Unpaid Wages Wage Payment and Collection Act • Employees must receive their final compensation, including earned wages, vacation pay, commissions and bonuses on their next regularly scheduled payday. • Unauthorized deductions from paychecks are not allowed except as specified by law. • Employers must reimburse employees for all necessary expenditures or losses incurred by an employee during the scope of employment and related to services performed for the employer. Employee must submit reimbursement request within 30 calendar days unless an employer policy allows for additional time to submit. Equal Pay Act • Requires employers to pay equal wages to men and women doing the same or substantially similar work, unless such wage differences are based upon a seniority system, a merit system, or factors other than gender. • Employers and employment agencies are banned from asking applicants past wage and compensation histories. • Employees may disclose or discuss their salaries, benefits, and other compensation with their co-workers and colleagues. THEtoown • Employers are not allowed to pay less African American employees versus a non-African American employees. Hotline: 1-866-EPA-IDOL Domestic or Sexual Violence Leave Victims’ Economic Security and Safety Act Provides employees who are victims of domestic or sexual violence, or who have family members who are victims, with up to 12 weeks of unpaid leave during a 12-month period. Phone: 312-793-6797 Meal and Rest Periods One Day Rest in Seven Act • Provides employees with 24 consecutive hours of rest each calendar week. • Employers may obtain permits from the Department allowing employees to voluntarily work seven consecutive days. • Employees working 7½ continuous hours must be allowed a meal period of at least 20 minutes no later than 5 hours after the start of work. Phone: 312-793-2804 Child Labor Workers under Age 16 • Children under the age of 14 may not work in most jobs, except under limited conditions. • 14 and 15-year-olds may work if the following requirements are met: • Employment certificates have been issued by the school district and filed with the Department of Labor confirming that a minor is old enough to work, physically capable to perform the job, and that the job will not interfere with the minor’s education • The work is not deemed a hazardous occupation (a full listing can be found on our website) • Work is limited to 3 hours per day on school days, 8 hours per day on non-school days and no more than 6 days or 48 hours per week • Work is performed only between the hours of 7 a.m. to 7 p.m. during the school year (7 a.m. to 9 p.m. June through September) and • A 30-minute meal period is provided no later than the fifth hour of work. Hotline: 1-800-645-5784 This is a summary of laws that satisfies Illinois Department of Labor posting requirements. For a complete text of the laws, visit our website at: www.labor.illinois.gov For more information or to file a complaint, contact us at: 524 sOUtH 2nd st, sUItE 400, spRInGFIEld, Il 62701 • spRInGFIEld 217-782-6206 160 n. lAsAllE, st, sUItE C-1300, CHICAGO, Il 60601 CHICAGO 312-793-2800 • mARIOn 618-993-7090 THIS MUST BE DISPLAYED WHERE EMPLOYEES CAN EASILY SEE IT. IL452-03/21 300 IOCI 21-0698 Your Rights Under Illinois Employment Laws REV. 03/2021 The Illinois Wage Payment and Collection Act, 820 ILCS 115/10 (from Ch. 48, par. 39m-10), requires employers to post and keep posted at each regular place of business in a position easily accessible to all employees one or more notices indicating the regular paydays and the place and time for payment. FOR EmplOyEEs OF : (Company Name) REGUlAR pAydAys sHAll BE As FOllOWs : plACE And tImE OF pAymEnt : Payday Notice YOU HAVE THE RIGHT TO BE FREE FROM JOB DISCRIMINATION AND SEXUAL HARASSMENT. The Illinois Human Rights Act states that you have the right to be free from unlawful discrimination and sexual harassment. This means that employers may not treat people differently based on race, age, gender, pregnancy, disability, sexual orientation or any other protected class named in the Act. This applies to all employer actions, including hiring, promotion, discipline and discharge. REASONABLE ACCOMMODATIONS You also have the right to reasonable accommodations based on pregnancy and disability. This means you can ask for reasonable changes to your job if needed because you are pregnant or disabled. RETALIATION It is also unlawful for employers to treat people differently because they have reported discrimination, participated in an investigation, or helped others exercise their right to complain about discrimination. REPORT DISCRIMINATION To report discrimination, you may: 1. Contact your employer’s human resources or personnel department. 2. Contact the Illinois Department of Human Rights (IDHR) to file a charge. 3. Call the Illinois Sexual Harassment and Discrimination Helpline at 1-877-236-7703 to talk to someone about your concerns. CHICAGO: JAmEs R. tHOmpsOn CEntER 100 WEst RAndOlpH stREEt, sUItE 10-100 CHICAGO, Il 60601 (312) 814-6200 (866) 740-3953 (tty) (312) 814-6251 (FAx) spRInGFIEld: 535 W. JEFFERsOn stREEt 1st FlOOR spRInGFIEld, Il 62702 (217) 785-5100 (866) 740-3953 (tty) (217) 785-5106 (FAx) Website: www.illinois.gov/dhr Email: IDHR.Intake@illinois.gov Employers shall make this poster available and display it where employees can readily see it. This notice is available for download at: www.illinois.gov/dhr 9/18 . web version . IOCI19-0181 Victims’ Economic Security and Safety Act (VESSA) Required Posting for Employers VESSA provides employees who are victims of domestic violence, sexual violence, or gender violence, and employees who have a family or household member who is a victim of such violence, with unpaid, job-guaranteed leave reasonable accommodations and protections from discrimination and retaliation. This time may be used if the employee or the employee’s family or household member is: • experiencing an incident of domestic violence, sexual violence, or gender violence, • is recovering from the violence • is seeking or receiving medical help, legal assistance (including participation in legal proceedings), counseling, safety planning, or other assistance • temporarily or permanently relocating or • to take other actions to increase the safety of the victim from future domestic, sexual, or gender violence, or to ensure economic security. NOTICE — Employees must provide the employer with at least 48 hours prior notice, unless providing advance notice is not practicable. If an employee is unable to provide advance notice, an employee must provide notice when an employee is able to do so, within a reasonable period of time after the absence. CERTIFICATION — An employer may require the employee to provide certification of the domestic, sexual, or gender violence and that leave is to address the violence. Certification may include a sworn statement of the employee and other documentation such as a letter from a victims’ services organization, a court record, or any other corroborating evidence, but only if that documentation is in the possession of the employee. All information related to domestic, sexual, or gender violence is to be kept in the strictest confidence by the employer. DURATION OF LEAVE — VESSA provides that employees working for an employer with at least 1 employee, but no more than 14 employees, are entitled to a total of 4 workweeks of unpaid leave during any 12-month period. Employees working for an employer with at least 15, but no more than 49 employees, are entitled to a total of 8 workweeks of unpaid leave during any 12-month period. And employees working for an employer with at least 50 employees are entitled to a total of 12 workweeks of unpaid leave during any 12-month period. Leave permitted during a 12‑month period under the act based on number of employees: Number of employees Leave permitted 1-14 employees 4 weeks 15-49 employees 8 weeks 50 or more employees 12 weeks Leave may be taken consecutively, intermittently, or on a reduced work schedule basis. For information on filing a complaint please call: 312‑793‑6797 or visit the website: https://www2.illinois.gov/idol/Laws‑Rules/CONMED/Pages/vessa.aspx ACCOMMODATIONS — VESSA provides that employees are entitled to reasonable accommodations to address the needs of the victim(s). Accommodations include, but are not limited to, an adjustment to the job structure, workplace facility, work requirements, or telephone number, seating assignment, or physical security of the work area. DISCRIMINATION AND RETALIATION — VESSA prohibits employers from discriminating, retaliating, or otherwise treating an employee or job applicant unfavorably if the individual involved: • Is or is perceived to be a victim of domestic, sexual, or gender violence • Attended, participated in, prepared for, or requested leave to attend, participate in, or prepare for a criminal or civil court or administrative proceeding relating to domestic, sexual, or gender violence • Requested or took VESSA leave for any reason • Requested an accommodation, regardless of whether the accommodation was granted • The workplace is disrupted or threatened by the action of a person whom the individual states has committed or threatened to commit domestic, sexual, or gender violence against the individual or the individual’s family or household member or • Exercised any other rights under VESSA. labor.illinois.gov • DOL.Questions@Illinois.gov lInCOln tOWER plAzA 524 sOUtH 2nd stREEt, sUItE 400 spRInGFIEld, IllInOIs 62701 (217) 782-6206 FAx: (217) 782-0596 mICHAEl A BIlAndIC BUIldInG 160 nORtH lAsAllE, sUItE C-1300 CHICAGO, IllInOIs 60601-3150 (312) 793-2800 FAx: (312) 793-5257 REGIOnAl OFFICE BUIldInG 2309 WEst mAIn stREEt, sUItE 115 mARIOn, IllInOIs 62959 (618) 993-7090 FAx: (618) 993-7258 03/21 IOCI 21-0699 REV. 09/2018 REV. 03/2021 Department of Employment Security Wage Payment and Collection Act Department of Human Rights — IDHR Department of Labor — IDOL Department of Labor Workers’ Compensation Commission Department of Human Rights — IDHR Employment Laws Workers’ Comp. Pregnancy Rights YOUR RIGHTS UNDER THE ILLINOIS SERVICE MEMBER EMPLOYMENT & REEMPLOYMENT RIGHTS ACT (330 ILCS 61) ISERRA (Illinois version of USERRA) protects the employment and benefits of service members who leave their civilian employment to serve our Nation or State. In order to protect the common public interest in military service, it is the role of the Illinois Attorney General to promote awareness and ensure compliance with ISERRA by providing information, training, advocacy, and enforcement. WHO IS PROTECTED? 1. All members of the Armed Forces of the United States whether active duty or reserve, including the National Guard when performing State duty. 2. All members of Military Auxiliary Radio System, United States Coast Guard Reserve, Civil Air Patrol, and the Merchant Marines when performing official duties in support of an emergency. 3. Members who are released from military duty with follow-on care by the Department of Defense. WHAT ARE THE RIGHTS, BENEFITS AND OBLIGATIONS UNDER ISERRA? ISERRA provides the same protections as USERRA (i.e., reemployment, benefits and discrimination) but expands protections to persons identified above and incorporates existing benefits to service members who are public employees. Because ISERRA represents the minimum employer requirements, employers maintain the right to provide greater benefits at their discretion. WHO ENFORCES ISERRA? The ISERRA Advocate is an Assistant Attorney General appointed by the Illinois Attorney General to provide both advocacy and enforcement under ISERRA. WHERE TO FIND MORE INFORMATION? Both service members and employers can find more information on the Attorney General’s ISERRA Advocate webpage at www.illinoisattorneygeneral.gov/rights/veterans.html or call the Military & Veterans Rights Helpline at 1‑800‑382‑3000 to ask questions or request training. This notice is available for download on the Attorney General’s website by going to www.illinoisattorneygeneral.gov/rights/veterans.html. Employers are required to provide employees entitled to rights and benefits under ISERRA a notice of the rights, benefits, and obligations of service member employees. This requirement may be met by the posting of this notice where employers customarily place notices for employees. ISERRA is codified as Public Act 100-1101 and can be found at www.ilga.gov/legislation/publicacts/100/PDF/100-1101.pdf. This material is available in alternate format upon request. REV. 11/2020 Office of the Attorney General ISERRA Wage Increases Schedule Effective Jan. 1, 2021. . . . . . . . . . $11.00 1, . . . . . . . . . Effective Jan. 1, 2023. . . . . . . . . . $13.00 1, . . . . . . . . . $14.00 1, . . . . . . . . Life After Dentistry: Retirement Lifestyle Readiness Life After Dentistry is a self-help guide to retirement happiness, providing unique insights, practical guidance and strategies to ensure a worthwhile and enjoyable retirement. This book helps you plan for the lifestyle part of retirement, not just the financial part. Life After Dentistry is an easy-to-read and practical book that reflects the need of today’s retirees and elevates retirement lifestyle planning to a new standard. P03720 Paperback book, 246 pages | Members $38.95 Retail $58.45 Book ISBN: 237-0-000-50879-9 A Dentist’s Guide to the Law: 246 Things Every Dentist Should Know, Fourth Edition This newly revised publication addresses a wide array of legal issues relevant to you, your team and your practice. A Dentist’s Guide to the Law: 246 Things Every Dentist Should Know, Fourth Edition, includes both new and longstanding questions and answers in a user-friendly format with additional related references and resources in each chapter. A Dentist’s Guide to the Law addresses key questions such as: • What are the advantages and disadvantages of a sole proprietorship? • What does the Americans with Disabilities Act require for office design? • Are there legal issues in making the transition to a paperless office? • Can I require drug testing of applicants? • What legal limits are there on advertising my practice? • What are “biometrics” and how might they affect healthcare providers? • Can I charge interest on overdue amounts? • How often should patients be asked to update their health history forms? This fourth edition contains updated information on many legal topics, such as the various regulations relating to HIPAA, the Sunshine Act, the Payment Card Industry Data Security Standard (PCI DSS) and the federal Anti-Kickback Statute and Self-Referral (Stark) Law. It also includes new material on issues such as emergency preparedness, biometrics and ransomware. L75621BT Perfect bound book + e-book, 300 pages Members $79.95 Retail $119.95 Book ISBN: 978-1-68447-158-4 | e-book ISBN: 978-1-68447-159-1 Every dentist needs this essential resource. A Dentist’s Guide to the Law: 246 Things Every Dentist Should Know 171 193. What Is the Payment Card Industry Data Security Standard (PCI DSS)? The Payment Card Industry Security Standards Council has mandated data security standards for “merchants” (businesses that are set up to accept credit or debit cards as payment for goods or services). Compliance with these standards, known as the Payment Card Industry Data Security Standard (PCI DSS), is generally required in the agreement between the dental practice and the credit card company or bank. PCI DSS requires that merchants satisfy 12 different elements of a program aimed at maintaining the security of credit card information. The requirements include many technical elements such as maintaining data firewalls, encryption, and anti-virus protections, as well as policy-type elements such as training staff and maintaining a list of service providers (e.g., companies who have access to the dental practice’s payment card data). A dental practice may need an IT professional to help the dental practice comply with some of the standards, which means there may be a cost to achieving compliance. Credit card companies treat merchants differently according to the volume of transactions the merchant handles. While a dental practice must comply to the extent required by the applicable agreement, certain aspects of the compliance program may depend on the volume of transactions. A dental practice that does not comply may be subject to financial penalties or prevented from processing credit card transactions depending on the terms of their agreements. Dental offices that accept credit and debit cards should review their credit card service provider agreements or call their service provider to determine the requirements for their individual situations. A PCI DSS compliance program may need to be updated from time to time (for example, if the PCI Council changes the standards). Check to make sure that you are complying with the latest standards. Related References and Resources • ADA Center for Professional Success. Check Your Website for Legal Risks. https://success.ADA.org/en/regulatory-legal/check-your-website-for-legal-risks. • PCI Security Standards Council. 2020. FAQs. https://www.pcisecuritystandards.org/faqs. • PCI Security Standards Council. 2016. Resource Guide. https://www.pcisecuritystandards. org/pdfs/PCI_DSS_Resource_Guide_(003).pdf. 194. If the Patient Doesn’t Accept My Work or Refuses to Come Back to Let me Finish It, and I’ve Already Collected Insurance for It, Do I Have a Problem? Perhaps. If you submitted a claim for work already completed, there should be no problem. On the other hand, if you billed before work was done, there may be a question of insurance fraud. An example might be where the dentist starts a multiple visit procedure, such as a root canal, and the patient refuses to return to allow the dentist to complete the procedure. In such a case, the dentist should return any advance dental plan payment for work not done. Another example might be where a patient needs a cast, post, and core to support a crown. If the dentist does only the foundation work but submits a claim for the crown as well, and the patient does not return for the crown, there may be an obligation to repay the carrier for the entire amount of the crown reimbursement. You can avoid this concern, of course, by submitting claims only for completed work. 2 A Dentist’s Guide to the Law: 246 Things Every Dentist Should Know It’s important for you to know both what this book is and what it is not: • The purpose of the publication is to provide basic answers to frequently asked legal questions. Its focus is on issues confronting dentists and their dental teams in private practice. However, we believe that many of the questions and answers in this book will also be useful for dentists who work in different arenas of the profession, including education and research. • The answers to the frequently asked questions are informational only, and not a substitute for legal advice. Laws change, and, even more importantly, legal advice requires a careful assessment of the facts of a particular situation, which is then measured against all applicable laws. We will give you as much information as we reasonably can, but you must consult your lawyer for legal advice. • Our focus in this book is on federal law. The book references state law in general terms where appropriate, but it is important for you to turn to your state dental society or personal attorney—or perhaps your malpractice carrier—for specific federal, state and local legal information that may apply to you. • Oftentimes, dentists will ask ADA attorneys questions such as, “Should I sign this contract?” “Should I join this plan?” or “Should I fire my HIV-infected hygienist?” This book answers questions from a legal frame. It does not focus on “shoulds” in the sense of ethical, business, or practice considerations. By telling you what the law says, we hope you will have a better context for factoring in ethics and practice perspectives. A wide array of legal issues confronts dentists and their dental teams during the course of their day-to- day practices. Sometimes these issues involve particularly thorny questions about practice management or patient care. This book is here to help. It provides basic legal information on questions that oral health care practitioners have about their practices. No book could possibly cover every dental legal issue. The topics covered here are those that dentists have frequently asked us over the years. Chapter 1: How to Use This Book This leads us to the first question. FEDERAL AND STATE LABOR LAW POSTERS FOR EVERY STATE Whether you have 1 or 100 employees, you must post labor laws. ORDER BY PHONE: 800.947.4746 32 33 ORDER ONLINE: ADASTORE.ORG PRACTICE MANAGEMENT MANAGING YOUR PRACTICE OSHA 3165-04R 2019