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Employment Discrimination Lawyer Thalia Pacheco led an internal continuing legal education seminar at our firm on March 31, 2021 regarding employee rights under the American Rescue Plan Act of 2021 ARPA.  Here are the highlights from her American Rescue Plan Act of 2021 ARPA presentation.
American Rescue Plan Act of 2021 ARPA–Employment Rights and Responsibilities:
When does ARPA start: Effective April 1, 2021 to September 30, 2021
Who Does ARPA Cover? OPTIONAL – but if opt-in entitled to tax credits
• Same as before, employers of less than 500 employees
What Is ARPA? Provides two weeks (80 hours) paid sick
Continue Reading Employee Rights: American Rescue Plan Act of 2021 ARPA

By Seth Matus
The Uniformed Services Employee and Reemployment Rights Act (“USERRA”) is the law preventing employers from discriminating against employees based on their service in the United States military or national guard. One of the protections provided by the USERRA is that employees taking military leaves of absence receive the same “rights and benefits” as employees taking comparable non-military absences. On February 3, 2021, the Seventh Circuit (the appeals court that covers Illinois, Indiana and Wisconsin) became the first federal court of appeals to examine what this right entails for employers.
In the case of White v. United Airlines, Inc., it was
Continue Reading EMPLOYERS MAY NEED TO FURNISH PAID LEAVE TO EMPLOYEES TAKING MILITARY LEAVES OF ABSENCE

EMPLOYMENT LAW ANTITRUST ISSUES–RESTRICTIVE COVENANTS TAKEN TO THE NEXT LEVEL!
Presentation to Fish Law Firm Internal CLE Lunch (January 19, 2021)
Overview of Antitrust Employment Law Claims:

  • High Tech Employee Settlement:   A Settlement of $415,000,000 with Adobe, Apple, Google, and Intel in a class action lawsuit.  The complaint alleged that the conspiracy among defendants restricted recruiting of each other’s employees by allegedly making: (1) agreements not to recruit each other’s employees; (2) agreements to notify when making an offer to another’s employee; and (3) agreements that, when offering a position to another company’s employee, neither company would counteroffer above the

  • Continue Reading EMPLOYMENT LAW ANTITRUST ISSUES–RESTRICTIVE COVENANTS

    On December 10, 2020, Judge Lee of the Northern District of Illinois (Chicago, Illinois) entered a Preliminary Approval Order of the settlement our law firm’s clients reached against Dyson Direct, Inc.  The lawsuit impacts over 500 employees who worked overtime for Dyson.
    Class members can lean more about the overtime class action settlement by reviewing important court documents on this Internet page.
    Click here to read the Dyson Notice.
    Click here to read the Settlement Agreement
    Click here to determine how much money you will get by your employee number.
    The post Dyson Overtime Class Action Lawsuit appeared first on
    Continue Reading Dyson Overtime Class Action Lawsuit

    December, 2020:
    David Fish’s article, “Pandemic/COVID-19 Workplace Claims – A Plaintiff’s Perspective” was published in the Illinois State Bar Association’s Labor & Employment Law newsletter.   Click here to read it:  Covid 19 Workplace Claims
    The post Pandemic/COVID-19 Workplace Claims – A Plaintiff’s Perspective appeared first on Fish Law -Illinois Employment Attorneys.
    Continue Reading Pandemic/COVID-19 Workplace Claims – A Plaintiff’s Perspective

    November 23, 2020:
    Thalia Pacheco and David Fish are conducting a workshop in conjunction with the Warehouse Workers for Justice.  They will cover sexual harassment and discrimination in the workplace.  Click here for the link to watch at 11:00 am via Facebook live.
    A copy of the handout is available here:   Discrimination and Harassment Presentation Handouts
     
    Topics include:
    I. What is discrimination?
    II. What is sexual harassment?
    III. Is all workplace discrimination and harassment illegal?
    IV. What type of workplace discrimination and harassment is illegal?
    V. Examples of discrimination and harassment in the workplace.
    VI. What should workers
    Continue Reading Presentation with Warehouse Workers for Justice About Sexual Harassment and Discrimination

    Chicago Commission on Human Relations
    Cook County
    Commission on
    Human Rights
    Illinois Department of Human Rights
    Equal Employ
    Opp. Comm
    National Labor Relations Board
    Race
    Color
    Religion
    Sex (including sexual
    harassment and pregnancy) National Origin
    Ancestry
    Age
    Disability
    Sexual Orientation
    Gender Identity
    Marital Status
    Parental Status
    Source of Income
    Military Status
    Credit History
    Criminal History
    Retaliation
    Race
    Color
    Religion
    Sex (including sexual
    harassment) National Origin
    Ancestry
    Age
    Disability
    Sexual Orientation
    Gender Identity
    Marital Status
    Parental Status
    Source of Income
    Retaliation
     
    Race
    Color
    Religion
    Sex (including sexual
    harassment) National Origin
    Ancestry
    Age
    Disability
    Sexual Orientation
    (includes gender identity)
    Marital Status
    Continue Reading Where to file discrimination claims

    Chicago Overtime Lawsuit Settled for 105 Workers
    September 11, 2020:  Judge Kocoras entered an order preliminarily approved the overtime class action lawsuit that we reached for 105 former Chicago-area employees of Acceptance Solutions Group.  This case involves allegations that the employer did not properly calculate its Illinois employees’ regular rate of pay for overtime purposes. Specifically, Plaintiffs alleged the employer failed to include commissions and incentive payments when computing employees’ overtime rates of pay, resulting in employees being paid an overtime rate that was too low and depriving them of earned wages.  The following documents can be viewed on line
    Continue Reading Acceptance Solutions Group Overtime Class Action Settlement (Chicago, Illinois)

    September 11, 2020:   Judge Atkins of the Circuit Court of Cook County, Illinois (Chicago) entered preliminary approval  of an Illinois Biometric Information Privacy Act (BIPA) settlement for the workers at Marigold, Inc.
    Class members can check back here for updates on the settlement and the status.   Class members do not have to do anything to received a check; there is no claims process.  They will automatically have a check mailed to them if the settlement receives final approval.
    This class action lawsuit is pending in Cook County, Illinois and is on behalf of Illinois employees.
    Here are there class action
    Continue Reading Marigold, Inc. Employment Class Action Settlement (Chicago, Illinois)

    We are investigating claims against Pinnacle Logistics.     Our law firm filed two lawsuits against Pinnacle Logistics.
    Overtime Lawsuit:  The first relates to whether Pinnacle properly paid overtime pay when employees were paid a shift differential.   We are interested in hearing from other workers who worked overtime at any of Pinnacle’s facilities in the United States.
    Biometric Fingerprint Lawsuit:   The second lawsuit relates to whether Pinnacle required the use of a biometric fingerprint scanner when its workforce punched in and out.   This lawsuit is limited to those Pinnacle employees who worked at its former facility in Rockford, Illinois.
    Please email
    Continue Reading Pinnacle Logistics Lawsuit

    April 23, 2020:   We filed a putative class action lawsuit for the Buttermilk restaurants located in Naperville, Geneva, and Vernon Hills, Illinois and the Hollywood Boulevard Cinema located in Woodridge, Illinois.  The lawsuit, which was filed in federal court in Chicago,  alleges that our clients had their business interrupted by the COVID-19 Pandemic and seeks to recover under business interruption insurance policies.
    To read more about the class action lawsuits, you can click on the links below:
    Shaw Media/Kane County Chronicle
    Chicago Tribune
    Daily Herald
    Courts in Illinois have not yet decided whether COVID-19 claims are covered by standard business
    Continue Reading Business Interruption Insurance Claims Filed For Local Clients Over COVID-19 Coverage

    April 21, 2020:  A settlement valued at $2,125,000 has been research with Rosebud Restaurant Group.    Following briefing on Defendant’s motion to dismiss which challenged the constitutionality of the Biometric Information Privacy Act (BIPA), and submitting mediation statements, the Parties participated in significant arms-length settlement negotiations and reached a Settlement of the putative class action lawsuit filed in Chicago, Illinois.
    The settlement administrator will notify class members through mail to notify them of their rights.
    Judge Moreland’s Preliminary Approval Order is available to download here.
    The post $2,125,000 Class Action Settlement Reached With Rosebud Restaurant Group (Cook County, Illinois) appeared
    Continue Reading $2,125,000 Class Action Settlement Reached With Rosebud Restaurant Group (Cook County, Illinois)

    May 5, 2020:  David Fish presented to a group of approximately 55 NELA Illinois lawyers (those employment lawyers who represent workers) on The Top COVID-19 Workplace Claims from an Employees’ Lawyer  Working in the Trenches.
    The post The Top COVID-19 Workplace Claims from an Employees’ Lawyer Working in the Trenches appeared first on Fish Law -Illinois Employment Attorneys.
    Continue Reading The Top COVID-19 Workplace Claims from an Employees’ Lawyer Working in the Trenches

    May 12, 2020:   David Fish is presenting to the Illinois State Bar’s Human Rights Section and Labor and Employment Law Sections about employment claims arising out of a COVID-19 Pandemic and will be discussing available remedies.
    For a flyer and information to register, click here.
    The post Employment Claims Arising Out of A COVID-19 Pandemic and Remedy Buffet for Civil Rights Cases appeared first on Fish Law -Illinois Employment Attorneys.
    Continue Reading Employment Claims Arising Out of A COVID-19 Pandemic and Remedy Buffet for Civil Rights Cases