Topic: Human Resources
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What is the “attached guidance from the Illinois Department of Public Health (IDPH) regarding workplace safety during the COVID-19 emergency” referenced in the draft modified stay-at-home order that we are required to post beginning May 1?
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A link to the IDPH’s Workplace Health and Safety Guidance for Employees and Staff of Businesses is included in our resources below. According to the modified stay-at-home executive order entered on April 30, 2020, and effective May 1, 2020, “[a]ll businesses that have employees physically reporting to a work-site must post the guidance from the…
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The new Families First Coronavirus Response Act (FFCRA) requires employers to post a Department of Labor notice regarding employee rights related to the COVID-19 pandemic with our other labor law posters. Where can we find this notice?
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The FFCRA Employee Rights poster is available on the Department of Labor’s website, as are related frequently asked questions (FAQs). Links to the poster and FAQs are included in the resources below. According to the FAQs, employers may satisfy the FFCRA’s requirement to “post and keep posted” the notice “in conspicuous places on the premises…
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We require exempt employees to complete timesheets tracking their daily hours worked. Should these employees account for time spent working at home or on the weekends outside of our regular hours? Should these employees also log hours spent at meetings for outside organizations that the bank is involved with?
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Yes, if you require your salaried exempt employees to maintain timesheets, we believe they should include the actual number of hours worked, including work performed at home or outside of your regular business hours (subject to the discussion below). We believe this also would include time spent at meetings for organizations that your employees participate…
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Are the mortgage loan originators (MLOs) at our bank subject to the recent amendment to the Civil Administrative Code that requires certain professionals licensed by the Illinois Department of Financial and Professional Regulation (IDFPR) to take sexual harassment prevention training? Our understanding is that this law applies only to professionals with continuing education requirements — which our MLOs do not have — but they do have to make annual attestations.
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No, we do not believe that your bank’s MLOs are subject to the new sexual harassment prevention training requirements in the Civil Administrative Code, provided they are registered with the Nationwide Mortgage Licensing System (NMLS). However, due to recently enacted amendments to the Illinois Human Rights Act, all private employers with at least one employee…
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We received a request from the Illinois Department of Employment Security (IDES) and the U.S. Bureau of Labor Statistics (BLS) to complete an “Annual Refiling Survey” to verify or provide general business information about our firm. Are we required to provide this information? The request does not state whether it is mandatory.
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No, your bank is not required to provide the requested information. We confirmed this by calling both the IDES and the BLS (without using a specific bank’s name). An IDES employee told us that while they strongly encourage employers to participate in this data collection, it is not required. A BLS employee also confirmed that…
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Is an Illinois-chartered bank considered a federal contractor for the purposes of the E-Verify system established under Presidential Executive Order 12989? If a bank receives FDIC insurance or accepts grant funds from the Federal Home Loan Bank, is it covered by the requirements of this Executive Order?
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We believe that the rules requiring federal contractors to use the Department of Homeland Security’s employment eligibility verification program (E-Verify) generally would not apply to financial institutions unless a financial institution enters into a procurement contract with the federal government. Further, we do not believe that receiving FDIC insurance or accepting grant funds from the…
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We are a state-chartered savings bank. What is our responsibility if one of our employees is convicted of a misdemeanor offense for manufacturing and distributing a controlled substance? If the employee receives probation, we would like her to sign a form acknowledging that her employment will be terminated if she violates her probation. Do you have any sample forms of this nature?
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All Insured depository institutions must seek the FDIC’s permission to employ an individual convicted of an offense involving the illegal manufacture, sale, distribution of, or trafficking in controlled substances, unless the offense meets the FDIC’s “de minimis” standard. Consequently, we believe that your bank would need to obtain written consent from the FDIC to continue…
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We are a state-chartered savings bank that hired a teller who began working for us before we received their background check. The background check revealed a felony charge for manufacturing and distributing a controlled substance. The employee has a court date next week. Are we required to terminate the employee?
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No, a state-chartered savings bank in Illinois is not required to terminate an employee who has been charged with but not convicted of a felony offense for manufacturing and delivering a controlled substance. However, we recommend closely monitoring the employee’s case so that you become aware of the outcome as soon as the verdict is…