Fish Law Firm

Latest Articles

Top Verdict recently reported that two of our wage and hour class action cases were on its “Top 50 Settlements in Illinois in 2018”   Our settlements were ranked 37 and 41st in the state.   One of the settlements was an overtime class action we bought against WeatherTech (Bolingbrook, Illinois) and the other was an overtime class action we brought against Heights Tower Service of Yorkville, Illinois.…
Our client, a former senior sales representative of a  large publicly traded Swiss medical device manufacturer, prevailed in a temporary restraining order hearing before Judge Tharpe in Chicago federal court on Thursday.   The company alleged that our client violated his non-solicitation agreement by working (on behalf of competitors) with surgeons and sought to restrain him from doing so on an emergency basis.  The lawsuit alleged breach of an employment contract, violation of federal and state trade secret laws, and sought emergency injunction relief.  We argued that the non-compete, non-solicitation, and confidentiality agreements were too broad and therefore unenforceable.   Following this…
A recent case arising out of Rock Island County, Illinois (Zoepfel v. Black Hawck College, 2019 IL App (3d) 180524 (August 7, 2019)) provides useful guidance to how sexual harassment cases will be treated in state court under the Illinois Human Rights Act.  There, the court denied a claim where the plaintiff was aware that her supervisor had pornography on his desk.  However, in finding against the plaintiff, the court concluded that “the undisputed facts of record do not indicate that a reasonable person would believe that plaintiff was subjected to sexual harassment because no reasonable person looking at the…
This is the Internet site referenced in the post-card that you may have received if you worked at IFCO Systems US LLC as an employee and used a finger scanner in the Bolingbrook, Illinois location in Will County.  The lawsuit alleged claims under Illinois’ Biometric Information Privacy Act (“BIPA”) relating to the claimed practice of collecting of employee fingerprints.  The parties entered into a settlement agreement that affects the rights of those persons who worked for IFCO between February 8, 2014 and March 2016 in Bolingbrook, Illinois.  As such, the settlement only involves those employees who worked at IFCO approximately…
This Bloomberg article is illustrative of the problems of individual arbitration in class action employment cases for employers.  Although employers have hailed recent pro-arbitration rulings as a victory, there is always a chance that employees will actually file those arbitration in large numbers. As described in the Bloomberg article, there are 60,000 pending Uber arbitration filings which could cost $600,000,000 to defend according to Bloomberg.   I actually think that number is low:  the employer’s arbitration fees typically are more than $10,000 each–often approaching $25,000 at a minimum for a simply arbitration. While one may assume Uber can afford it:  imagine…
When litigating Illinois non-compete and restrictive covenant disputes, my experience is that the biggest factor is not the law or even the facts, but instead the assigned judge.  This is unfortunate because there is a great deal of unpredictability.  There is so much discretion afforded to a judge in determining the enforceability of non-compete agreement, including whether to enter preliminary relief (i.e, a preliminary injunction or a temporary restraining order).  This uncertainty is not fair for employees (who want to know if they can stay or take a new job) or employers (who want to know that their agreements will…
Keeping of the Sabbath is an important part of religious traditions.  In Exodus 20:9,10, it is stated:   “Six days shalt thou labor, and do all thy work; but the seventh day is a sabbath unto the Lord thy God: in it thou shalt not do any manner of work ….”  Leviticus 23:3 provides that: “For six days work may be done, but the seventh day is to be a Sabbath of complete rest, a day of sacred assembly. You are not to do any work; wherever you live, it is a Sabbath to the LORD.” Illinois also has a One Day…
Pursuant to the Order of the Court, you may click on the Notice of Lawsuit to view the Notice Of Pending Lawsuit Against Freudenberg Household Products LP about Wages And Overtime: Notice of Lawsuit Free Case Review * (See Disclaimer Below) Click here to fill out our Wage and/or Overtime Potential Client Intake Form Click here to fill out our general Employee Potential Client Intake Form “The information contained on this site, submitting a case to us, and/or discussing your case with us does NOT create an attorney-client relationship. Only an executed engagement letter will create an attorney-client relationship. In other…
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…
TO:      Assistant Store Managers who: between April 16, 2016 and April 16, 2019, (i) were classified as non-exempt; and (ii) earned a bonus and worked overtime in the period applicable to the bonus payment: Click here for DTLR Notice NOTICE OF PENDING LAWSUIT AGAINST  DTLR INC. d/b/a DTLR VILLA ABOUT OVERTIME   THE COURT HAS NOT MADE ANY RULINGS REGARDING THE PLAINTIFF’S OR DEFENDANT’S POSITIONS IN THIS MATTER   TO:      Assistant Store Managers who: between April 16, 2016 and April 16, 2019, (i) were classified as non-exempt; and (ii) earned a bonus and worked overtime in the period…
March 1, 2019:   Our clients obtained approval to provide notice on a nationwide basis for an overtime collective lawsuit pending against LaSalle Group (which operates certain locations under the Autumn Leaves name).  The overtime lawsuit relates to whether employees worked through lunch but were automatically clocked out.  The plaintiffs obtained step 1 notice on a nationwide basis, over the company’s objection.   To read a news article about the case, click here.
March 22, 2019:  David Fish will be speaking at the Illinois State Bar Association’s Spring Labor and Employment Section meeting on Conducting and Defending Depositions in Employment Cases.  For details about the program, or to register click here:  Agenda For Harassment Deposition In Employment Cases David will be participating in three panel discussions relating to depositions in employment harassment cases, including:  a. preparing for a deposition, b. actually conducting a mock deposition, and c. answering questions.…
February 12, 2019 (Illinois Appellate Court):  After prevailing in an administrative hearing and before the Circuit Court (Kendall County), we represented a Naperville business before the Illinois Appellate Court (Second District, in Elgin, Illinois) with regard to an appeal filed by a former employee.   The 3 judge panel unanimously affirmed the decision that  the employee had been terminated for misconduct within the meaning of the Unemployment Insurance Act, 820 ILCS 405/602(a).…
NOTICE OF PENDING LAWSUIT AGAINST METRO LINK ABOUT OVERTIME   TO:      Persons who: (a) at any time since November 30, 2014 to the present have been employed by Metro Link IL, LLC, or an entity with common ownership,  (“Metro Link”) on an hourly basis, (b) earned commissions, and (c) worked in excess of 40 hours during an individual work week. What is this Notice about? This Notice is about a lawsuit that you may choose to join.  A Federal Court has authorized this Notice.  The lawsuit is about whether Metro Link properly compensated employees who worked overtime and earned…
Restaurant workers sue under Illinois wage, minimum wage, and federal overtime law. On November 5, 2018, the United States District Court in Chicago, Illinois entered approval of our class action settlement against Bourbounnais, Illinois based Brickstone Brewery.  We anticipate that Illinois class members should received checks, directly from the administrator, by mid-December, 2018.  Servers and other workers will share in a $192,500 recovery. The lawsuit alleged that this restaurant in Illinois did not properly pay and/or made deductions from the pay owed to waiters, waitstaff, and others employees.  It brought claims under Illinois and federal law. To learn more about…
We resolved two cases recently involving our clients being denied access to a place of public accommodation because they had a service animal (a service dog) with them.  In the first, case, our client and his son were denied access to portions of a large national chain store that had a location in Will County (Bolingbrook, Illinois).  We filed a claim with the Illinois Department of Human Rights and ultimately had a full  hearing before an administrative law judge.   The judge found in our client’s favor and vindicated his legal rights.  In the second case, our clients were denied access with…