Tag Archives: Cook County

REMINDER – Pay Attention To Local Minimum Wage Laws

It’s a wage and hour obligation that’s familiar to all employers – the requirement to pay employees at least minimum wage for every hour worked.  It seems like a pretty simple obligation to meet, right?  Not necessarily.  With different state minimum wages and numerous localities passing local minimum wages, mistakes are easy to make and can be quite costly – as two rental car companies recently learned.

What happened?

Washington State Employees of two nationwide rental car companies (Hertz and Thrifty) filed a class action lawsuit against their employer claiming that the employers failed to pay the employees’ at least minimum wage in accordance with the minimum wage ordinance in SeaTac, Washington, which increased the minimum wage for Hospitality and Transportation employees in SeaTac to $15.00 per hour in 2015 (and adjusts the minimum wage for inflation in subsequent years).

This lawsuit was recently settled for $2 million dollars.

Why Do I Care?

As of July 2017, over 30 localities* have adopted local minimum wages above their state minimum wage. If you have operations in any of these localities, then you are required to pay all employees at least the local minimum wage.  It is recommended that you check the minimum wage in your locality and verify that you are in compliance with any local ordinance relating to minimum wage.

———————–

* Localities with local minimum wage:

  • Arizona: Flagstaff.
  • California: Berkeley, Cupertino, El Cerrito, Emeryville, Los Altos, Los Angeles County, Los Angeles, Malibu, Milpitas, Mountain View, Oakland, Palo Alto, Pasadena, Richmond, San Diego, San Francisco, San Jose, San Leandro, San Mateo, Santa Clara, Santa Monica, and Sunnyvale.
  • Illinois: Chicago and Cook County.
  • Maine: Portland.
  • Maryland: Montgomery County and Prince George’s County.
  • New Mexico: Albuquerque, Bernalillo County, Las Cruces, Santa Fe City, and Santa Fe County.
  • New York : New York City, Nassau County, Suffolk County, and Westchester County
  • Oregon: Portland Urban Growth Boundary.
  • Washington: SeaTac, Seattle, and Tacoma.

2017 MINIMUM WAGE MID-YEAR CHECK-UP

With various cities and counties having enacted local minimum wages (many of which are increasing on July 1st) and 3 states (Maryland, Oregon, and Washington DC) increasing their own minimum wages on July 1st, employers should take time to verify that they are meeting the minimum wage requirements of their state/city/county.

The below chart sets forth the minimum wage effective July 1, 2017.

Federal $7.25
State City County  Amount?
Alabama  $7.25
Alaska  $9.80
Arizona — all cities/counties except …  $10.00
  Flagstaff*   $10.50
Arkansas  $8.50
California — all cities/counties except …

small employer (25 or less)

$10.00

large employer (26 or more)

$10.50
Berkeley

Increasing 10/1/2017 to …

Alameda County  $12.53
$13.75
Cupertino Santa Clara County $12.00
El Cerrito* Contra Costa County  $12.25
Emeryville* Alameda County $14.00

small employer (55 or less) *

large employer (56 or more) *

$15.20
Los Altos Santa Clara County $12.00
Los Angeles* LA County $10.50

small employer (25 or less)

large employer (26 or more)

$12.00
Malibu* LA County $10.50

small employer (25 or less)

large employer (26 or more)

$12.00
Milpitas* Santa Clara County $11.00
Mountain View Santa Clara County $13.00
Oakland Alameda County $12.86
Palo Alto Santa Clara County $12.00
Pasadena* LA County $10.50

small employer (25 or less)

large employer (26 or more)

$12.00
Richmond Contra Costa County $12.30
San Diego San Diego County $11.50
San Francisco* San Francisco County $14.00
San Jose* Santa Clara County $12.00
San Leandro* Alameda County $13.00
San Mateo San Mateo County $12.00

For-profit organizations

Non-profit organizations

$10.50
Santa Clara Santa Clara County $11.10
Santa Monica* LA County $10.50

small employer (25 or less)

large employer (26 or more)

$12.00
Sunnyvale* Santa Clara County $13.00
Los Angeles County*

unincorporated areas

$10.50

small employer (25 or less)

large employer (26 or more)

$12.00
Colorado $9.30
Connecticut $10.10
Delaware $8.25
Florida $8.10
Georgia $7.25
Hawaii

 

$9.25
Idaho $7.25
Illinois — all cities/counties except … $8.25
Chicago* $11.00
    Cook County*

(except for the Village of Barrington)

$10.00
Indiana $7.25
Iowa $7.25
Kansas $7.25
Kentucky $7.25
Louisiana $7.25
Maine — all cities/counties except … $9.00
Bangor $8.25
Portland $10.68
Maryland* — all cities/counties except … $9.25
Montgomery County

Increases 10/1/2017

$10.75
$11.50
Prince George’s County

Increases 10/1/2017

$10.75
$11.50
Massachusetts $11.00
Michigan $8.90
Minnesota “small employers” (employers with an annual sales volume of less than $500,000) $7.75
“large employers” (employers with an annual sales volume of $500,000+) $9.50
Mississippi $7.25
Missouri — all cities/counties except … $7.70
St. Louis $10.00
Montana $8.15
Nebraska $9.00
Nevada $8.25
New Hampshire $7.25
New Jersey $8.44
New Mexico — all cities/counties except … $7.50
Albuquerque $8.75
Las Cruces $9.20
Santa Fe $10.91
Bernalillo County $8.65
Santa Fe County $10.91
New York “Upstate” employers (excluding fast food employees) $9.70
  “Downstate” employers (excluding fast food employees) $10.00
  “Small” NYC employers (excluding fast food employees $10.50
  Fast food employees outside NYC $10.75
  “Large” NYC employers (excluding fast food employees) $11.00
  Fast food employees inside NYC $12.00
North Carolina $7.25
North Dakota $7.25
Ohio $8.15
Oklahoma $7.25
Oregon* — all cities/counties except … $10.25
Portland* $11.25
Nonurban Counties* (Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klmath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, Wheeler counties) $10.00
Pennsylvania $7.25
Rhode Island $9.60
South Carolina $7.25
South Dakota $8.65
Tennessee $7.25
Texas $7.25
Utah $7.25
Vermont $10.00
Virginia $7.25
Washington — all cities/counties except … $11.00
City of SeaTac (hospitality and transportation workers) $15.34
Seattle $13.00
small employer who does not pay towards medical benefits

(500 or less)

small employer who does pay towards medical benefits

(500 or less)

$11.00
large employer who does not pay towards medical benefits

(501 or more)

$15.00
large employer who does pay towards medical benefits

(501 or more)

$13.50
Tacoma $11.15
Washington DC* $12.50
West Virginia $8.75
Wisconsin $7.25
Wyoming $7.25
 * = increase in minimum wage effective July 1, 2017

 

Caveat: Please be advised that this information is being provided as a courtesy and that ePlace Solutions, Inc. does not track local laws and ordinances and will not update this information with changes in local laws and ordinances.

Cook County Employers – Are You Prepared For The New Earned Sick Leave Ordinance?

On July 1, 2017, the Cook County Earned Sick Leave Ordinance goes into effect. This new law applies to those municipalities who have not opted out of the ordinance. Is your business ready for the new law?

Under this law, all employers located in Cook County (except those in municipalities that have opted out) are required to provide employees with at least 40 hours of earned sick leave per year.

Earned sick leave may be provided to employees on an “up front” or “accrual” basis.

If an employer chooses to advance (“up front”) the earned sick leave, employers must provide all 40 hours of earned sick leave on July 1st or on an employee’s 1st day of employment. At the beginning of each subsequent year, a non-FMLA-Covered Employer must advance at least 60 hours of earned sick leave while an FMLA-Covered Employer must advance at least 100 hours of earned sick leave.

If employers choose to use the accrual method, then employees must accrue a minimum of one (1) hour of earned sick leave for every forty (40) hours worked within the geographic boundaries of Cook County up to a maximum of forty (40) hours in a calendar year. In addition, employees must be permitted to carry over accrued but unused earned sick leave into the following year as follows:

  • Non-FMLA-Covered Employers – at least half of an employee’s total unused accrued Earned Sick Leave, up to a maximum of 20 hours.
  • FMLA-Covered Employers – at least half of an employee’s total unused accrued earned sick leave and any remaining unused accrued earned sick leave (up to 40 hours) for FMLA-purposes.

Only employees who perform a minimum of 2 hours of work in Cook County in any two-week period are eligible to accrue earned sick leave. In addition, earned sick leave is only accrued for work that is performed within the geographic boundaries of Cook County.

An employee becomes eligible to use earned sick leave when he or she has worked for the employer in any location (i.e. within or outside of Cook County) for at least 80 hours in any 120-day period. In addition, employees are able to use their accrued earned sick leave in any location (i.e. within or outside of Cook County) where the employee works for the employer.

An employee may use his/her accrued earned sick leave for the following purposes:

  • an employee’s or his/her family member’s injury or illness, or treatment or recuperation from illness or injury;
  • time off due to closure of the business or the employee’s child’s school or place of care due to a public official’s order or a health emergency; or
  • time off if the employee or a family member is the victim of domestic violence, sexual violence or stalking.

In addition, FMLA-Covered employers must allow eligible employees to use “FMLA-restricted” time off for any FMLA-qualifying purposes.

The Earned Sick Leave Ordinance required notice poster must be displayed where employees can easily read it. The poster is available here.

Take Home For Employers

Cook County has published the Cook County Earned Sick Leave Rules to help employers understand this new law. It is recommended that all employers in Cook County review these new Rules.

2017 Minimum Wage Increases — Cities and Counties

In an earlier article (“State Minimum Wage Increases for 2017“), we provided a breakdown of the increases to State minimum wage that are going into effect on January 1, 2017 (December 31, 2016 for New York).

In addition to these minimum wage increases, several cities (and some counties) have their own “local minimum wages” which are also increasing in the new year.

Minimum Wage as of November 21, 2016 Scheduled Increase for January 1, 2017
Arizona Cities
Flagstaff $8.05 No increase 1/1/17        To increase 7/1/17 — $12.00
California Cities/Counties
County of Los Angeles $10.00 No increase 1/1/17         To increase 7/1/17 — $10.50
small employer (25 or less)
large employer (26 or more) $10.50 No increase 1/1/17         To increase 7/1/17 — $12.00
County/City of San Francisco $13.00 No increase 1/1/17 To increase 7/1/17 — $14.00
Berkeley Alameda County $12.53 No increase 1/1/17 To increase 10/1/17 — $13.75
Cupertino Santa Clara County $10.00 $12.00
El Cerrito Contra Costa County $11.60 $12.25
Emeryville Alameda County $13.00 No increase 1/1/17        To increase 7/1/17 — $14.00
small employer (55 or less)
large employer (56 or more) $14.82 No increase 1/1/17      May increase 7/1/17 based on CPI
Long Beach LA County $10.00 No increase 1/1/17        To increase 7/1/17 — $10.50
small employer (25 or less)
large employer (26 or more) $10.50 No increase 1/1/17 To increase 7/1/17 — $12.00
Los Altos Santa Clara County $10.00 $12.00
Los Angeles LA County $10.00 No increase 1/1/17        To increase 7/1/17 — $10.50
small employer (25 or less)
large employer (26 or more) $10.50 No increase 1/1/17        To increase 7/1/17 — $12.00
Mailbu Los Angeles County $10.00 No increase 1/1/17        To increase 7/1/17 — $10.50
small employer (25 or less)
large employer (26 or more) $10.50 No increase 1/1/17        To increase 7/1/17 — $12.00
Mountain View Santa Clara County $11.00 $13.00
Oakland Alameda County $12.55 No increase 1/1/17
Palo Alto Santa Clara County $11.00 No increase 1/1/17
Pasadena LA County $10.00 No increase 1/1/17        To increase 7/1/17 — $10.50
small employer (25 or less)
large employer (26 or more) $10.50 No increase 1/1/17        To increase 7/1/17 — $12.00
Richmond Contra Costa County $11.52 $12.30
San Diego San Diego County $10.50 $11.50
San Jose Santa Clara County $10.30 No increase 1/1/17
small employer (25 or less)
large employer (101 or more) $10.30 $10.50
San Leandro Alameda County $10.00 No increase 1/1/17        To increase 7/1/17 — $12.00
San Mateo San Mateo County $10.00 $12.00
For profit companies
small Non profit companies (25 or less) $10.00 No increase 1/1/17
large Non profit companies (26 or more $10.00 $10.50
Santa Clara Santa Clara County $11.00 No increase 1/1/17
Santa Monica LA County $10.00 No increase 1/1/17        To increase 7/1/17 — $10.50
small employer (25 or less)
large employer (26 or more) $10.50 No increase 1/1/17        To increase 7/1/17 — $12.00
Sacramento Sacramento County $10.00 No increase 1/1/17         To increase 1/1/18 — $10.50
small employer (25 or less)
large employer (26 or more) $10.00 $10.50
Sunnyvale Santa Clara County $11.00 $13.00
Illinois Cities/Counties
Cook County $8.25 No increase 1/1/17        To increase 7/1/17 — $10.00
Chicago $10.50 No increase 1/1/17        To increase 7/1/17 — $11.00
Iowa Counties
Johnson County $9.15 $10.10
Linn County $7.25 $8.25
Polk County $7.25 No increase 1/1/17        To increase 4/1/17 — $8.75
Wapello County $7.25 $8.20
Maine Cities
Bangor $7.50 $9.00
Portland $10.10 $10.68
Maryland Counties
Montgomery County $10.75 No increase 1/1/17        To increase 10/1/17 — $11.50
Prince George’s County $10.75 No increase 1/1/17        To increase 10/1/17 — $11.50
New Mexico Cities/Counties
Bernalillo County $8.65 No increase 1/1/17
Santa Fe County $10.91 No increase 1/1/17
Albuquerque $8.75 No increase 1/1/17
Las Cruces $8.40 $9.20
Santa Fe $10.91 No increase 1/1/17
New York Cities/Counties
“Upstate” employers (excluding fast food employers) $9.00 for all employees but fast food employees $9.70
“Upstate” Fast Food employers $9.75 for fast food employees only $10.75
“Downstate” employers (excluding fast food employers) $9.00 for all employees but fast food employees $10.00
“Downstate” Fast Food employers $9.75 for fast food employees only $10.75
New York City “small” employers (excluding fast food employers) $9.00 for all employees but fast food employees $10.50
New York City “large” employers (excluding fast food employers) $9.00 for all employees but fast food employees $11.00
New York City Fast Food employers $9.75 for fast food employees only $12.00
~ “Upstate” = employers in all counties “upstate” from the greater NYC area              ~ “Downstate” = employers in Nassau, Suffolk and Westchester Counties                    ~ “Small” NYC employers = employers with 10 or fewer employees                            ~ “Large” NYC employers = employers with 11 or more employees
Oregon Cities/Counties
Nonurban Counties
(Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa Wheeler counties)
$9.50 No increase 1/1/17        To increase 7/1/17 — $10.00
Portland $9.75 No increase 1/1/17        To increase 7/1/17 — $11.25
Washington Cities
City of SeaTac (hospitality and transportation workers) $15.00 No increase 1/1/17
Seattle
small employer (500 or less) $12.00 $13.00
large employer (501 or more) $13.00 $15.00
Tacoma $10.35 $11.15

Recommendation for Employers

It is recommended that employers in the above-listed cities/counties prepare for these minimum wage increases.  In addition, if your city/county is not listed on this chart, we recommend that you check with your local Chamber of Commerce to determine the minimum wage in your city.

Caveat: Please be advised that this information is being provided as a courtesy and that ePlace Solutions, Inc. does not track local laws and ordinances and will not update this information with changes in local laws and ordinances.