Topic: Human Resources
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Are banks in general exempt from the new Job Opportunities for Qualified Applicants Act?
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There is a strong case for arguing that the Job Opportunities for Qualified Applicants Act exempts financial institutions, but there are counterarguments as well. Section 15(b)(1) of the Act includes an exemption for employers that “are required to exclude applicants with certain criminal convictions from employment due to federal or State law . . .…
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Our job application includes the question “Are you a U.S. citizen?” Should we remove this question?
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We believe that it is a better practice is to ask “Are you legally authorized to work in the United States?” Both federal and Illinois law prohibit discrimination on the basis of an individual’s citizenship status, provided that the individual is legally authorized to work in the United States. However, you are permitted — and…
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We are using the “look-back” measurement method under the Affordable Care Act for purposes of determining whether employees are “full-time” for purposes of offering insurance coverage. If we use a one-year “measurement period,” can we average an employee’s hours over the whole year, or do employees need to stay within 30 hours/week or 120 hours/month?
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Under the look-back measurement method, an employee’s full-time status is established during a “standard measurement period,” which can be three to twelve months long. 26 CFR 54.4980H-1(a)(46). An employee is not considered a full-time employee if the employee’s average hours over the standard measurement period remain under 30 hours per week, even if the employee…
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We are an “applicable large employer” under the Affordable Care Act. We are not sure how to determine which employees are considered “full-time” for purposes of our offering insurance coverage to them (in order to avoid having to make “assessable payments” to the IRS). If an employee works more than 29 hours in a single week, is that employee considered a full-time employee under the Affordable Care Act?
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Not necessarily. The IRS Affordable Care Act regulations permit you to use one of two methods to determine whether your employees are full-time employees: (1) the look-back measurement method, and (2) the monthly measurement method. 26 CFR 54.4980H-3(a). While the general rule is that a “full-time employee” is “an employee who is employed on average…
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Does the recent Executive Order raising the minimum wage to $10.10 for federal contractors apply to financial institutions?
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No one is in a position to provide a definitive opinion at this time. The Executive Order itself is unclear (and some believe purposefully ambivalent) as to the reach of the minimum-wage requirement, leaving the Department of Labor to issue implementing regulations by October 1, 2014. In the past, the Department of Labor (“DOL”) has…
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We put a weapons addendum in our personnel policy. One of our directors suggested that we require employees to notify HR if they have obtained a concealed carry license. Can we ask for that information?
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We are not aware of anything that would prevent you from obtaining proof of concealed carry licenses from your employees (note that a concealed carry license requires a FOID card), and that very well may be a best practice. Employees that carry firearms without being licensed could be subject to criminal penalties (see the Illinois…
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If we allow employees to carry concealed firearms on our premises, can we ask that they provide us with a copy of their FOID cards and concealed carry permits?
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We are not aware of anything that would prevent you from obtaining proof of concealed carry licenses from your employees (note that a concealed carry license requires a FOID card), and that very well may be a best practice. Employees that carry firearms without being licensed could be subject to criminal penalties (see the Illinois…
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Has the IDFPR updated its criteria for de minimis offenses to mirror the FDIC’s 2012 changes?
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The Illinois Department of Financial and Professional Regulation (IDFPR) hasn’t updated its criteria for crimes that are considered de minimis since the FDIC’s update. The IDFPR’s most recent update was in 2005, with the publication of its Policy Statement 1009 — Guidance Concerning the Employment Practices of Regulated Institutions. We recently spoke to an attorney…
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We are hiring an employee who will be compensated with commissions and a small salary. We are concerned that the employee might not make enough money to bring his compensation up to minimum wage. Are we subject to the Illinois Minimum Wage Law?
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Any employer with more than four employees is subject to the Illinois Minimum Wage Law. 820 ILCS 105/3(d). Beyond that, we cannot comment on whether you would be violating that law (or federal law) by compensating an employee with a small salary plus commissions. However, we note that the Illinois Department of Labor provides FAQs…
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Does the State of Illinois have a requirement regarding mandatory vacation days for bank employees?
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The federal Fair Labor Standards Act (FLSA) does not have any vacation time requirements, nor do any Illinois laws. Instead, vacation time generally is a matter of contract. However, the Federal Reserve Board’s Commercial Bank Examination Manual does state that employees “in sensitive positions” should take vacation, or at least rotate to a different position…