Blog

  • Employee Biometric Rights–Can my employer make me scan my finger or hand? June 9, 2017 - Illinois has failed its residents in almost everything. But, one area where it gets an A+ is protecting its citizens’ biometric information by enacting the Biometric Information Privacy Act (or “BIPA”). Abe Lincoln would be proud. BIPA is of importance to employees. Workers are sometimes asked for fingerprint/hand/retina scan (or other biometric) scans for things […]
  • Top 10 Employment Law Violations March 10, 2017 - Here is what we see as the top 10 paycheck violations: 1. Overtime not paid when more than 40 hours worked in a week at 1.5 times the regular rate of pay. 2. Deductions for mistakes, breaking dishes, cash register shortages, dine and dash, etc. can be illegal. 3. Tip Pool sharing with management, cooks, […]
  • Non-Compete Agreements In Illinois Are Illegal For Low Wage Employees September 20, 2016 - Illinois passed the Freedom to Work Law.  This law prohibits employers from requiring low wage employees to agree to non-compete agreements/covenants not to compete. Employees who are paid $13 per hour (or the applicable minimum wage) or less are considered low wage employees.  The Act provides that a covenant not to compete with a low […]
  • Septran Overtime Lawsuit and Unpaid Vacation Time Class Action Page September 8, 2016 - The federal court in Chicago has granted preliminary approval to our putative class action settlement against Septran, the school bus company.   This page is to provide you with important documents about the case and the settlement and to comply with the parties’ agreement to post the settlement paperwork.    The lawsuit alleged, among other things, […]
  • HTS Overtime Lawsuit–Drive Time September 6, 2016 - This page is to provide an update regarding the overtime class action lawsuit against Heights Tower Service, Inc.   The lawsuit alleges that time spent on Drive Time (those hours riding in a vehicle as reflected in HTS’s payroll records) were improperly excluded as overtime hours. The Plaintiffs have claimed overtime violations of the Illinois […]
  • Illinois Passes Child Bereavement Leave Act To Provide Rights If A Child Dies August 5, 2016 - Illinois just passed a law that provides for a cause of action against larger employers (those governed by the Family Medical Leave Act) who retaliate against employees who need time off work due to the death of a child. Employees are entitled to 10 days of unpaid leave. It is sad that we need such […]
  • Are home healthcare workers entitled to overtime in Illinois? June 24, 2016 - Home healthcare workers are entitled to overtime in many situations in Illinois and elsewhere. The Department of Labor has explained the changes to the overtime rules governing overtime payments for home healthcare workers. Many home health care workers perform work for which they are not paid (travel, driving, certain types of care) or they are […]
  • Class and Collective Action Waivers Are Unenforceable In Employment Agreements May 27, 2016 - The Seventh Circuit decided Lewis v. Epic Systems on May 26, 2016. This is a significant case that holds that class action and collective action waivers in the arbitration context are unenforceable in employment lawsuits. Many employers require employees to waive their right to bring claims in court and instead they must pursue arbitration. These […]
  • KKC Overtime Class Action Settlement May 19, 2016 - On May 19, 2016, the Federal court in Chicago granted preliminary approval of a class action settlement concerning overtime pay of management employees. We are posting the overtime settlement paperwork here so that the class members can see how much money they may receive if the settlement is ultimately approved and to learn the full […]
  • Am I entitled to overtime? May 18, 2016 - The Department of Labor issued new rules concerning whether employees gets overtime pay. Many employees and employers think that if someone is paid a salary, they do not have the right to overtime. That is often wrong. Even if employees gets a salary, they are often still entitled to overtime pay if they work more […]
  • New Trade Secret Law Impacting Employees and Employers May 12, 2016 - President Obama signed the Defend Trade Secrets Act of 2016 into law. It creates federal court jurisdiction for trade secret violations involving interstate commerce. As most things impact interstate commerce, this will allow jurisdiction in federal court for most employer and employee disputes overtrade secrets. There are some key points that are interesting: 1. There […]
  • Non-Compete Bright Line Rule Rejected March 14, 2016 - Another court has weighed in on what is necessary for the enforceability of non-compete agreements in Illinois. Illinois state and federal courts have issued conflicting rulings on the amount of time an employee must be employed before a court will enforce a covenant not to compete. In R.J. O’BRIEN & ASSOCIATES, LLC Plaintiff, v. ROBERT […]
  • Wrongful Termination Verdict For Retaliation By Employer March 3, 2016 - On March 2, 2016, a wrongful termination lawsuit (Crowley v Wayne Watson) was decided by the Illinois appellate court. Here, a lawyer employee at Chicago State University was awarded $480,000 in damages and punitive damages of $2 million. The jury further found that he was entitled to be reinstated. The trial court doubled the back […]
  • Illinois Whistleblower Act Applies to Individuals In Employment Retaliation Lawsuit February 27, 2016 - A recently decided case, Hower v. Cook County Sheriff’s Office, 15 C 6404, 2016 WL 612862, at *2-3 (N.D. Ill. Feb. 16, 2016), explains the scope of Illinois Whistleblower claims, including that not only employers can be liable. In that case, an employee alleged that he was retaliated against for making external complaint. The individual […]
  • TRO Denied Because Severance Agreement Waived Non-Compete, Employer Lacked Evidence, Delay February 19, 2016 - In Bridgeview Bank Group v. Meyer, 2016 IL App (1st) 160042 (February 17, 2016) the Illinois appellate court affirmed a Cook County judge’s decision to deny to a bank a temporary restraining order against a former senior vice president. The employee was terminated and received a severance agreement that waived his covenant not to compete/restrictive […]
  • DuPage County Bar Association Presentation– Independent Contractor Misclassification February 12, 2016 - David Fish is presenting to the DuPage County Bar Association on February 19, 2016 on behalf of the Labor and Employment Committee to the organization’s member lawyers. The presentation will focus upon the expending definition of an employee and potential liability for misclassification of employees as independent contractors. Presentation materials are available here. Here are […]
  • Can I be fired for filing a workers compensation claim? February 10, 2016 - We are frequently asked whether it is legal to be fired for filing for workers compensation claims. In Illinois, it is illegal to retaliate against an employee who files for workers compensation. In 2016, an injured worker received a jury verdict of $2.65 million against a well-known grocery store chain in a workers comp retaliation […]
  • sistarovertimelawsuit January 24, 2016 - We filed an overtime lawsuit against Sistar Beauty Corporation and Sang Lew. A copy of the file-stamped complaint and the order certifying the case as a class action and entering judgment for overtime, by agreement, are available on the links below. FS Complaint FS Entry of Judgment Order
  • Wage Lawsuit Retaliation Is Protected Activity September 13, 2015 - Wrongful Termination For Wage Lawsuit Allows NLRB Claim. In 200 East 81st Restaurant Corp. d/b/a Beyoglu and Marjan Arsovski. Case 02–CA–115871 the NLRB ruled that a single FLSA plaintiff who brought a putative wage class action lawsuit, and then was fired, was able to bring a claim for protected and concerted activity.  The employer had alleged […]
  • NLRB Joint Employer Standard—Impact On Wage, Discrimination, and Wrongful Termination Lawsuits September 12, 2015 - The NLRB recently issued a ruling that expands the potential liability of franchisors and others in employment lawsuits. Essentially, the decisions allows for companies (other than the direct employer) to be deemed an employer. For example, subcontractors could potentially be deemed the employees of the company for whom they work—and the company that subcontracts work […]
  • Overtime Regulations Will Likely Change August 1, 2015 - The Department of Labor has made proposed modifications to the overtime laws.   There are a number of changes being proposed.  I believe the most significant is the salary threshold required for exempting employees from receiving overtime.  Presently, in many situations, a company can classify as exempt certain employees so long as their salary is […]
  • DOL Issued New Independent Contractor Misclassification Guidance July 23, 2015 - Independent Contractor Misclassification The US Department of Labor has issued an interpretation relating to independent contractors.   It relates to the Fair Labor Standard Act’s identification of workers who are not properly classified.   It explains that: Misclassification of employees as independent contractors is found in an increasing number of workplaces in the United States, […]
  • Unpaid Wages, Bonuses and Commissions–Illinois Court Decision April 27, 2015 - Unpaid wages, bonuses, and commissions are common problems at the end of an employment relationship. Employees frequently retain lawyers to sue for unpaid compensation in the form of bonuses, wages, commissions, overtime or under employment contracts. A recent Illinois case addresses the use of language by employers to avoid payment of compensation. In McClerly v. […]
  • Illinois Employee Pregnancy Discrimination Law Passed February 16, 2015 - Illinois passed a law (PA 98-1050) requiring that employers of any size make reasonable accommodations arising out of pregnancy.   The law relates to accommodations while the employee is pregnant, recovering from childbirth, and if the employee is having common medical conditions associated with being pregnant. Employers must provide reasonable accommodations unless the employer can show […]
  • Cook County Wage Theft Law February 11, 2015 - Cook County has approved an ordinance to stop employers from committing wage theft.  According to the Chicago Tribune:  “Businesses that have broken state or federal wage and labor laws would be disqualified from receiving property tax abatements, business licenses or county contracts. Companies seeking to do business with Cook County also would be required to […]
  • Wrongful Discharge Claims In Illinois February 9, 2015 - Wrongful Termination and Wrongful Discharge Lawyers The wrongful discharge claims against McDonalds are gaining nationwide attention.  These cases are interesting as they seek to impose liability on a franchisor (as opposed to just the franchisee). In Illinois, employers may not terminate, demote, refuse to hire, refuse to promote, or base any other terms and conditions […]
  • Tax Component Award Allowed In Wrongful Termination Lawsuit February 2, 2015 - The Seventh Circuit recently held that a court may award a tax component award as part of damages recoverable in an employment discrimination case under Title VII’s remedial scheme. EEOC v. Northern Star involved a wrongful termination case where an employee asserted racial harassment and termination for opposing the harassment. A jury awarded $15,000 in […]
  • Co-Employer Doctrine Being Tested In Franchisor Context January 26, 2015 - The National Labor Relations Board (NLRB) has issued complaints against McDonald’s franchisees and their franchisor, McDonald’s USA, LLC, as joint employers.  The complaints allege that McDonald’s USA, LLC and certain franchisees violated the rights of employees working at McDonald’s restaurants at various locations around the country by, among other things, making statements and taking actions […]
  • Unpaid Wages–Court Rules Employers Need Not Compensate For Time Spent Undergoing Security Screenings December 10, 2014 - The Supreme Court unanimously ruled in Integrity Staffing Solutions, Inc. v. Busk that an employer need not compensate for the time that employees spend passing through security screenings at the end of a shift. Integrity Staffing’s employees gathered items for Amazon’s customers. The employees were required to undergo mandatory security screenings before leaving each day […]
  • Illinois Supreme Court Clarifies Retaliatory Discharge Standard December 5, 2014 - The Illinois Supreme Court made an interesting ruling in the case of Michael v. Precision Alliance Group, LLC., 2014 IL 117378.   The ruling helps clarify the standard in Illinois for retaliatory discharge cases.     The Court explained that “while there is no precise definition of what constitutes clearly mandated public policy, a review of Illinois case law reveals […]
  • Chicago, Illinois Minimum Wage Increase December 4, 2014 - Yesterday, Chicago, Illinois alderman voted  44-to-5 to raise Chicago’s minimum wage to $13 an hour by 2019.  At that same time, Illinois lawmakers announced they were unable to get the votes necessary to call for minimum wage increase. The modification of any minimum wage will likely lead to employment litigation for those employers who fail to keep aware […]
  • Puppy Ordinance Challenged September 8, 2014 - September 8, 2014:            A  complaint and a request for a temporary restraining order and preliminary injunction was filed in the United States District Court for the Northern District of Illinois today challenging the Cook County Companion Animal and Consumer Protection Ordinance (“Ordinance”) set to become effective October 1, 2014.   The lawsuit was brought […]
  • Adwokat March 8, 2014 - Nasi prawnicy są zobowiązani do pomocy klientom rozwiązywać spory w miejscu pracy. Jeśli mówisz po polsku, możesz poprosić o polskojęzycznego pracownika aby pomóc. Niezapłacone Nadgodziny i Płace: Masz prawo do zapłaty za nadgodziny, jeśli pracujesz więcej niż 40 godzin tygodniowo. Płaca minimalna w stanie Illinois jest obecnie $8.25 za godzinę dla tych osób, które ukończyły […]
  • Fish’s Article Regarding Non-Compete Agreement In Illinois (Published in Illinois Bar Journal) November 29, 2013 - Illinois Attorney David Fish co-authored article on non-compete agreements in Illinois based on new Illinois Supreme Court ruling Click here for article on noncompete/covenant not to compete agreements in Illinois.
  • Pro Bono Victory–Menorah Secured For Naperville November 28, 2013 - After Chabad of Naperville, a local Jewish organization, was denied the right to place a Menorah on the Naperville, Illinois Riverwalk by the Naperville Park District, The Fish Law Firm agreed to take up the cause as its legal counsel. We were successful in getting the Park District to reverse its decision which led to […]
  • Technology and the Law Television Interview November 27, 2013 -
  • Fish’s Published Article Regarding Physician Non-Compete Agreements in Illinois November 26, 2013 - Physician Non-Compete Agreements in Illinois: Diagnosis – Critical Condition; Prognosis – Uncertain, DuPage County Bar Journal, October 2002   David Fish published this article regarding non-compete agreements and their applicability to physicians/doctors in Illinois.
  • Fish’s Published Article Regarding Lawyer Ethics December 28, 2012 - The Legal Rock and the Economic Hard Place: Remedies of Associate Attorneys Wrongfully Terminated for Refusing to Violate Ethical Rules, Univ. of W. Los Angeles Law Rev, 1999
  • Fish’s Testimony before United States Judicial Conference November 24, 2012 -     Click here to read David Fish’s testimony:   Testimony before United States Judicial Conference, Dallas, Texas
  • Newsletter Regarding Minority Shareholder Rights in Illinois November 23, 2012 - Minority Shareholder Rights Newsletter
  • Fish Selected by Lexis For Illinois Civil Procedure Forms November 22, 2012 - Based upon his civil litigation experience, Illinois Lawyer David Fish was selected by LexisNexis to serve as one of the authors of its Illinois Civil Procedure Forms.
  • Fish Published Article: Arbitration Clauses In Employment Contracts In Illinois November 22, 2012 - The enforceability of arbitration agreements in Illinois courts was discussed in this article written by Mr. Fish that was published in the Illinois State Bar Association’s newsletter governing alternative dispute resolution. Click here for article on the enforceability of arbitration clauses in Illinois.
  • Family Business Disputes Newsletter November 28, 2011 - Click here for our November 2009 Newsletter which discusses family business disputes.
  • Fish’s Presentation Regarding Electronic Discovery In the Federal Courts November 28, 2011 - Electronic discovery materials for ISBA
  • Fish’s Published Article Regarding Legal Ethics As Evidence November 28, 2011 - The Use Of The Illinois Rules of Professional Conduct to Establish The Standard of Care In Attorney Malpractice Litigation: An Illogical Practice, Southern Illinois Univ. Law
  • Fish’s Published Article Regarding Attorney Malpractice In Illinois November 28, 2011 - Ten Questions to Ask Before Taking a Legal-Malpractice Case, Illinois Bar Journal
  • Fish’s Article Regarding Asset Protection In Illinois–Naperville Sun November 28, 2011 - What Type Of Business Entity Is Right For Your Company? (Naperville Sun)
  • Inheritance Disputes November 27, 2011 - Probate courts in Illinois regularly deal with disputes over inheritances.   These disputes often involve family members (or others) fighting over a will, an estate, a trust, or assets.  There is legislation that protects the interests of the beneficiaries.  The following are just a few: A trustee is only allowed to charge reasonable fees for his […]
  • Zero-Tolerance Discipline In Illinois Public Schools- Illinois Bar Journal Article November 21, 2011 - Zero-Tolerance Discipline In Illinois Public Schools, Illinois Bar Journal 2000
  • Ethics and the Law November 28, 2010 - Click here for information about our January/February 2012 CLE Presentation regarding Insider Trading, Minimum Wage Ethics, Bankruptcy Ethics, Collective Bargaining and Union Ethics, CEO Compensation Issues, and other ethical issues.
  • Fish’s Article: Local government Web sites and the First Amendment November 28, 2010 - Local government Web sites and the First Amendment, Government Law, November 2001, Vol. 38, No. 3
  • Fish’s Published Article Regarding The Constitutionality Of Drug Testing November 28, 2010 - An Analysis Of Firefighter Drug Testing Under The Fourth Amendment, International Jour. Of Drug Testing, 2000
  • Presentation–Business Ethics Regarding Insider Trading November 28, 2010 - Presentation–Business Ethics Regarding Insider Trading, Debt Discharge, Bankruptcy, Fair Wages, CEO Compensation
  • September 8, 2010 - September 8, 2014:            A  complaint and a request for a temporary restraining order and preliminary injunction was filed in the United States District Court for the Northern District of Illinois today challenging the Cook County Companion Animal and Consumer Protection Ordinance (“Ordinance”) set to become effective October 1, 2014.   The lawsuit was brought on […]
It's only fair to share...Share on FacebookShare on LinkedIn