Employment Law Hot Topics -Presentation To DuPage County Bar Association

March 21, 2019-David Fish is presenting at the DuPage County Bar Association’s Labor and Employment Law’s noon meeting. The topic is:  “Employment Law Hot Topics From A Plaintiffs’ Lawyer”

Here is the agenda and items that will be discussed:

  1. 2019 Amendments To Illinois Minimum Wage Law
  • Effective January 1, 2020, the minimum wage will increase to $9.25 per hour and gradually increases thereafter until $15.00 per hour on January 1, 2025.
  • Now allows triple the amount of the underpayment plus 5% of the amount of the underpayment for each month that the underpayment remains unpaid. (Previously only allowed the underpayment plus 2% interest)
  • Consider also seeking damages under federal law.
  1. Arbitration Agreements
  • Supreme Court’s Epic Systems decision allows them.
  • While these are thought of as employer-favorable, they pose a significant risk to employers.
  1. Biometric Information Privacy Act
  • Illinois Supreme Court’s decision in Six Flags does not require any harm; our Second District was (fortunately) overruled.
  1. Restaurants
  • Loss of tip credit
  • Servers paid wrong (i.e., tip sharing with management)
  • Not properly computing the minimum wage.
  1. Deductions From Pay Without Written Consent
  • Illinois Wage Payment and Collection Act mandates written consent at the time the deduction is made.
  • Mistakes, dine-N-dash, breaking dishes, etc.
  1. Minimum Wage Violations Due To Costs Of Jobs
  • “Free and Clear”
  • Delivery drivers
  1. Overtime Violations
  • Misclassification
  • Rounding
  • Non-Discretionary pay
  1. Expenses
  • Wage Payment and Collection Act requires reimbursement of expenses.
  1. Illinois Human Rights Act Amendments
  • Allows 300 days to file
  • Aims at reducing the backlog of cases for review from IDHR and the IHRC
  1. Non-Compete/Non-Solicitation Agreements
  • Pre-employment “consideration” issues
  • Only to protect legitimate business interests
  • Be careful of being overly broad or it may be found unenforceable – trends away from restrictions