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:
- 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.
- 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.
- Biometric Information Privacy Act
- Illinois Supreme Court’s decision in Six Flags does not require any harm; our Second District was (fortunately) overruled.
- Restaurants
- Loss of tip credit
- Servers paid wrong (i.e., tip sharing with management)
- Not properly computing the minimum wage.
- 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.
- Minimum Wage Violations Due To Costs Of Jobs
- “Free and Clear”
- Delivery drivers
- Overtime Violations
- Misclassification
- Rounding
- Non-Discretionary pay
- Expenses
- Wage Payment and Collection Act requires reimbursement of expenses.
- Illinois Human Rights Act Amendments
- Allows 300 days to file
- Aims at reducing the backlog of cases for review from IDHR and the IHRC
- 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
